459B.103 - SPECIAL TERMS.
459B.103 SPECIAL TERMS. For purposes of this chapter, all of the following shall apply: 1. Two or more dry bedded confinement feeding operations under common ownership or common management are deemed to be a single dry bedded confinement feeding operation if they are adjacent or utilize a common area or system for dry bedded manure disposal. 2. For purposes of determining whether two or more dry bedded confinement feeding operations are adjacent, all of the following shall apply: a. At least one dry bedded confinement feeding operation structure must be constructed on or after March 21, 1996. b. A dry bedded confinement feeding operation structure which is part of one dry bedded confinement feeding operation is separated by less than one thousand two hundred fifty feet from a dry bedded confinement feeding operation structure which is part of the other dry bedded confinement feeding operation. 3. a. For purposes of determining whether two or more dry bedded confinement feeding operations are under common ownership, a person must hold an interest in each of the dry bedded confinement feeding operations as any of the following: (1) A sole proprietor. (2) A joint tenant or tenant in common. (3) A holder of a majority equity interest in a business association as defined in section 202B.102, including but not limited to as a shareholder, partner, member, or beneficiary. b. An interest in the dry bedded confinement feeding operation under paragraph "a", subparagraph (1) or (2) which is held directly or indirectly by the person's spouse or dependent child shall be attributed to the person. 4. For purposes of determining whether two or more dry bedded confinement feeding operations are under common management, a person must have significant control of the management of the day-to-day operations of each of the dry bedded confinement feeding operations. Common management does not include control over a contract livestock facility by a contractor, as defined in section 202.1. 5. In calculating the animal unit capacity of a dry bedded confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all dry bedded confinement feeding operation buildings that are used to house animals in the dry bedded confinement feeding operation.
Section History: Recent Form 2009 Acts, ch 155, §7, 18