459B.202  Distance requirements.
  1.  Except as provided in subsection 3, the following shall apply:
  a.  A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded 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.
  b.  A dry bedded confinement feeding operation structure shall not be constructed if the dry bedded confinement feeding operation structure as constructed is closer than any of the following:
  (1)  Two 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 two hundred feet away from a dry bedded 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 dry bedded confinement feeding 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 dry bedded confinement feeding operation structure.
  2.  A dry bedded confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain.
  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 dry bedded confinement feeding operation structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier.
2009 Acts, ch 155, §10, 18