459.301  Special terms.
  For purposes of this subchapter, all of the following shall apply:
  1.  Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common area or system for manure disposal. In addition, for purposes of determining whether two or more confinement feeding operations are adjacent, all of the following must apply:
  a.  At least one confinement feeding operation structure must be constructed on or after May 21, 1998.
  b.  A confinement feeding operation structure which is part of one confinement feeding operation is separated by less than a minimum required distance from a confinement feeding operation structure which is part of the other confinement feeding operation. The minimum required distance shall be as follows:
  (1)  One thousand two hundred fifty feet for confinement feeding operations having a combined animal unit capacity of less than one thousand animal units.
  (2)  Two thousand five hundred feet for confinement feeding operations having a combined animal unit capacity of one thousand animal units or more.
  2.  A confinement feeding operation structure is “constructed” in the same manner as provided in section 459.201.
  3.  a.  In calculating the animal unit capacity of a confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all confinement feeding operation buildings which are part of the confinement feeding operation, unless a confinement feeding operation building has been abandoned as provided in section 459.201.
  b.  In calculating animal unit capacity for purposes of an election to be considered a small animal feeding operation as provided in section 459.312A, the animal unit capacity of a confinement feeding operation shall include all confinement feeding operation buildings that are used to do any of the following:
  (1)  House animals.
  (2)  Store manure.
  4.  All distances between locations or objects provided in this subchapter shall be measured in feet from their closest points.
  5.  The department shall designate by rule each one hundred year floodplain in this state according to the location of the one hundred year floodplain. A person shall not be prohibited from constructing a confinement feeding operation structure on a one hundred year floodplain unless the one hundred year floodplain is designated by rule in accordance with this subsection.
  6.  Dry manure that is stockpiled within a distance of one thousand two hundred fifty feet from another stockpile shall be considered part of the same stockpile.
98 Acts, ch 1209, §27, 53
C99, §455B.200B
2002 Acts, ch 1137, §30 – 32, 67, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §252, 253, 259, 260, 262
C2003, §459.301
2003 Acts, ch 44, §73; 2009 Acts, ch 38, §6, 16; 2013 Acts, ch 106, §1
Referred to in §459.102, 459.310
Subsection 5, paragraph b stricken by its own terms and former paragraph a redesignated as an unnumbered paragraph