The following shall apply to animal feeding operation structures:
1. Except as provided in subsection 6, and sections 455B.163 and 455B.165, this subsection applies to animal feeding operation structures constructed on or after May 31, 1995, but prior to January 1, 1999; and to the expansion of structures constructed prior to January 1, 1999.
The following table represents the minimum separation distance in feet required between an animal feeding operation structure and a residence not owned by the owner of the animal feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution:
Minimum separation distance in feet for operations having Minimum separation an animal weight Minimum separation distance in feet for capacity of 625,000 distance in feet for operations having or more pounds but operations having an animal weight less than 1,250,000 an animal weight capacity of less than pounds for animals capacity of 1,250,000 625,000 pounds for other than bovine, or more pounds for animals other than or 1,600,000 or more animals other than bovine, or less than pounds but less than bovine, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure bovine bovine bovine
Anaerobic lagoon 1,250 1,875 2,500 Uncovered earthen manure storage basin 1,250 1,875 2,500 Uncovered formed manure storage structure 1,000 1,500 2,000 Covered earthen manure storage basin 750 1,000 1,500 Covered formed manure storage structure 750 1,000 1,500 Confinement building 750 1,000 1,500 Egg washwater storage structure 750 1,000 1,500
2. Except as provided in subsection 6, and sections 455B.163 and 455B.165, this subsection applies to animal feeding operation structures constructed on or after January 1, 1999, and to the expansion of structures constructed on or after January 1, 1999. The following table represents the minimum separation distance in feet required between an animal feeding operation structure and a residence not owned by the owner of the animal feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution:
Minimum separation distance in feet for operations having Minimum separation an animal weight Minimum separation distance in feet for capacity of 625,000 distance in feet for operations having or more pounds but operations having an animal weight less than 1,250,000 an animal weight capacity of less than pounds for animals capacity of 1,250,000 625,000 pounds for other than bovine, or more pounds for animals other than or 1,600,000 or more animals other than bovine, or less than pounds but less than bovine, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure bovine bovine bovine
Anaerobic lagoon 1,250 1,875 2,500 Uncovered earthen manure storage basin 1,250 1,875 2,500 Uncovered formed manure storage structure 1,250 1,500 2,000 Covered earthen manure storage basin 1,000 1,250 1,875 Covered formed manure storage structure 1,000 1,250 1,875 Confinement building 1,000 1,250 1,875 Egg washwater storage structure 750 1,000 1,500
3. Except as provided in subsection 6, and sections 455B.163 and 455B.165, this subsection applies to animal feeding operation structures constructed on or after May 31, 1995; to the expansion of structures constructed on or after May 31, 1995; and to the expansion of structures constructed prior to May 31, 1995. The following table represents the minimum separation distance in feet required between animal feeding operation structures and a public use area or a residence not owned by the owner of the animal feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution located within the corporate limits of a city:
Minimum separation distance in feet for operations having Minimum separation an animal weight Minimum separation distance in feet for capacity of 625,000 distance in feet for operations having or more pounds but operations having an animal weight less than 1,250,000 an animal weight capacity of less than pounds for animals capacity of 1,250,000 625,000 pounds for other than bovine, or more pounds for animals other than or 1,600,000 or more animals other than bovine, or less than pounds but less than bovine, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure bovine bovine bovine
Animal feeding operation structure 1,250 1,875 2,500
4. Except as provided in section 455B.165, on and after January 1, 1999, an animal feeding operation structure shall not be constructed or expanded within one hundred feet from a thoroughfare, including a road, street, or bridge which is constructed or maintained by the state or a political subdivision.
5. Except as provided in section 455B.165, a person shall not apply liquid manure from a confinement feeding operation on land located within seven hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area.
6. a. As used in this subsection, a "qualified confinement feeding operation" means a confinement feeding operation having an animal weight capacity of two million or more pounds for animals other than animals kept in a swine farrow-to-finish operation or bovine kept in a confinement feeding operation; a swine farrow-to-finish operation having an animal weight capacity of two million five hundred thousand or more pounds; or a confinement feeding operation having an animal weight capacity of eight million or more pounds for bovine.
b. A qualified confinement feeding operation shall only use an animal feeding operation structure which employs bacterial action which is maintained by the utilization of air or oxygen, and which shall include aeration equipment. The type and degree of treatment technology required to be installed shall be based on the size of the confinement feeding operation, according to rules adopted by the department. The equipment shall be installed, operated, and maintained in accordance with the manufacturer's instructions and requirements of rules adopted pursuant to this subsection.
c. This subsection shall not apply to a confinement feeding operation which stores manure as dry matter, or to an egg washwater storage structure. This subsection shall not apply to a confinement feeding operation, if the operation was constructed prior to May 31, 1995, or the department issued a permit prior to May 31, 1995, for the construction of an animal feeding operation structure connected to a confinement feeding operation and the construction began prior to May 31, 1995.
95 Acts, ch 195, §16; 98 Acts, ch 1209, § 15-17, 53; 99 Acts, ch 114, § 58, 59
Referred to in § 455B.163, 455B.165, 455B.200A, 654C.1
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