1. Except as provided in subsection 3, the following shall apply:
a. A confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A confinement feeding operation structure shall not be constructed closer than one thousand feet from a wellhead, cistern of an agricultural drainage well, or known sinkhole. However, the department may adopt rules requiring an increased separation distance under this paragraph in order to protect the integrity of a water of this state. The increased separation distance shall not be more than two thousand feet. If the department exercises its discretion to increase the separation distance requirement, the department shall not approve an application for the construction of a confinement feeding operation structure within that separation distance as provided in section 459.303.
b. A confinement feeding operation structure shall not be constructed if the confinement feeding operation structure as constructed is closer than any of the following:
(1) Five hundred feet away from a water source other than a major water source.
(2) One thousand feet away from a major water source.
(3) Two thousand five hundred feet away from a designated wetland.
c. (1) A water source, other than a major water source, shall not be constructed, expanded, or diverted, if the water source as constructed, expanded, or diverted is closer than five hundred feet away from a confinement feeding operation structure.
(2) A major water source shall not be constructed, expanded, or diverted, if the major water source as constructed, expanded, or diverted is closer than one thousand feet from a confinement operation structure.
(3) A designated wetland shall not be established, if the designated wetland is closer than two thousand five hundred feet away from a confinement feeding operation structure.
2. A confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain as designated by rules adopted by the department pursuant to section 459.301.
3. A separation distance required in subsection 1 shall not apply to any of the following:
a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2.
b. A confinement feeding operation building, an egg washwater storage structure, or a manure storage structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier, including construction design standards.
4. A person shall not construct or expand an unformed manure storage structure within an agricultural drainage well area as provided in section 460.205.
95 Acts, ch 195, §26
CS95, §455B.204
98 Acts, ch 1209, §35, 53; 2002 Acts, ch 1137, § 44, 45, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
C2003, §459.310
2002 amendments to this section take effect March 1, 2003; for prior law effective until that date, see §455B.204, Code 2001; 2002 Acts, ch 1137, §71
Previous Section 459.309
Next Section 459.311
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Jan 28 13:52:42 CST 2003
URL: /DOCS/IACODE/2003/459/310.html
jhf