459.202 - CONFINEMENT FEEDING OPERATIONS STRUCTURES -- SEPARATION DISTANCES.
459.202 CONFINEMENT FEEDING OPERATIONS STRUCTURES -- SEPARATION DISTANCES. The following shall apply to confinement feeding operation structures: 1. 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. 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, 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 cattle, or more pounds for animals other than or 1,600,000 or more animals other than cattle, or less than pounds but less than cattle, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure cattle cattle 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. 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. 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, 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 cattle, or more pounds for animals other than or 1,600,000 or more animals other than cattle, or less than pounds but less than cattle, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure cattle cattle 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. 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. 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 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 cattle, or more pounds for animals other than or 1,600,000 or more animals other than cattle, or less than pounds but less than cattle, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structure cattle cattle cattle Confinement feeding operation structure 1,250 1,875 2,500 4. 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. 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 confinement For a confinement feeding operation For a confinement feeding operation having an animal feeding operation having an animal unit capacity of having an animal unit capacity of 1,000 or more but unit capacity of less than 1,000 less than 3,000 3,000 or more Type of structure animal units animal units animal 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. 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. 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 confinement For a confinement feeding operation For a confinement feeding operation having an animal feeding operation having an animal unit capacity of having an animal unit capacity of 1,000 or more but unit capacity of less than 1,000 less than 3,000 3,000 or more Type of structure animal units animal units animal 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.
Section History: Recent Form 95 Acts, ch 195, §16 CS95, §455B.162 98 Acts, ch 1209, § 15--17, 53; 99 Acts, ch 114, § 58, 59; 2002 Acts, ch 1137, §11--17, 67, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §260, 262 C2003, §459.202 Referred to in § 459.203, 459.205, 459.207, 459.303, 459.304, 459.305, 654C.1