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Iowa Code Title XI. Natural Resources [Chs. 455-485] § 459.202. Confinement feeding operations structures--separation distances

Current as of January 01, 2024 | Updated by Findlaw Staff

The following shall apply to confinement feeding operation structures:

1. a. Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement 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.

b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution:

Minimum

separation

distance in

feet for

operations

Minimum

having an

separation

animal

Minimum

distance in

weight

separation

feet for

capacity of

distance in

operations

625,000 or

feet for

having an

more pounds

operations

animal

but less than

having an

weight

1,250,000

animal

capacity of

pounds for

weight

less than

animals other

capacity of

625,000

than cattle,

1,250,000 or

pounds for

or 1,600,000

more pounds

animals other

or more

for animals

than cattle,

pounds but

other than

or less than

less than

cattle, or

1,600,000

4,000,000

4,000,000 or

pounds for

pounds for

more pounds

Type of structure

cattle

cattle

for cattle

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. a. Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after January 1, 1999, but prior to March 1, 2003, and to the expansion of structures constructed on or after January 1, 1999, but prior to March 1, 2003.

b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution:

Minimum

separation

distance in

feet for

operations

Minimum

having an

separation

animal

Minimum

distance in

weight

separation

feet for

capacity of

distance in

operations

625,000 or

feet for

having an

more pounds

operations

animal

but less than

having an

weight

1,250,000

animal

capacity of

pounds for

weight

less than

animals other

capacity of

625,000

than cattle,

1,250,000 or

pounds for

or 1,600,000

more pounds

animals other

or more

for animals

than cattle,

pounds but

other than

or less than

less than

cattle, or

1,600,000

4,000,000

4,000,000 or

pounds for

pounds for

more pounds

Type of structure

cattle

cattle

for cattle

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. a. Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to March 1, 2003; to the expansion of structures constructed on or after May 31, 1995, but prior to March 1, 2003; and to the expansion of structures constructed prior to May 31, 1995.

b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:

Minimum

separation

distance in

feet for

operations

Minimum

having an

separation

animal

Minimum

distance in

weight

separation

feet for

capacity of

distance in

operations

625,000 or

feet for

having an

more pounds

operations

animal

but less than

having an

weight

1,250,000

animal

capacity of

pounds for

weight

less than

animals other

capacity of

625,000

than cattle,

1,250,000 or

pounds for

or 1,600,000

more pounds

animals other

or more

for animals

than cattle,

pounds but

other than

or less than

less than

cattle, or

1,600,000

4,000,000

4,000,000 or

pounds for

pounds for

more pounds

Type of structure

cattle

cattle

for cattle

Confinement feeding operation structure

1,250

1,875

2,500

4. a. Except as provided in subsection 5 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.

b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution:

For a

For a

confinement

For a

confinement

feeding

confinement

feeding

operation

feeding

operation

having an

operation

having an

animal unit

having an

animal unit

capacity of

animal unit

capacity of

1,000 or more

capacity of

less than

but less than

3,000 or

1,000 animal

3,000 animal

more animal

Type of structure

units

units

units

Anaerobic lagoon

1,875

2,500

3,000

Uncovered earthen manure storage basin

1,875

2,500

3,000

Uncovered formed manure storage structure

1,500

2,000

2,500

Covered earthen manure storage basin

1,250

1,875

2,375

Covered formed manure storage structure

1,250

1,875

2,375

Confinement building

1,250

1,875

2,375

Egg washwater storage structure

1,000

1,500

2,000

5. a. Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.

b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:

For a

For a

confinement

For a

confinement

feeding

confinement

feeding

operation

feeding

operation

having an

operation

having an

animal unit

having an

animal unit

capacity of

animal unit

capacity of

1,000 or more

capacity of

less than

but less than

3,000 or

1,000 animal

3,000 animal

more animal

Type of structure

units

units

units

Confinement feeding operation structure

1,875

2,500

3,000

6. Except as provided in section 459.205, a confinement feeding operation structure shall not be constructed or expanded within one hundred feet from a public thoroughfare.

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Cite this article: FindLaw.com - Iowa Code Title XI. Natural Resources [Chs. 455-485] § 459.202. Confinement feeding operations structures--separation distances - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xi-natural-resources-chs-455-485/ia-code-sect-459-202/

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