Chapter 39 - Livestock Feedlot Operations
CHAPTER 39 - LIVESTOCK FEEDLOT OPERATIONS
11-39-101. Definitions.
(a) As used in this act:
(i) "City" means any incorporated municipalityincluding a town;
(ii) "Department" means the department ofenvironmental quality and includes any officer or agency within thatdepartment;
(iii) "Established date of operation" means the date onwhich a feedlot commenced operating with not more livestock than reasonablycould be maintained by the physical facilities existing as of that date. If thephysical facilities of the feedlot are subsequently expanded, the establisheddate of operation for each expansion is deemed to be a separate and independent"established date of operation" established as of the date ofcommencement of the expanded operations, and the commencement of expandedoperations shall not divest the feedlot of a previously established date ofoperation;
(iv) "Established date of ownership" means the date ofthe recording of an appropriate muniment of title establishing the ownership ofrealty;
(v) "Feedlot" means a lot, yard, corral or other areain which livestock are confined, primarily for the purposes of feeding andgrowth prior to slaughter. The term does not include areas which are used forthe raising of crops or other vegetation and upon which livestock are allowedto graze or feed;
(vi) "Livestock" means cattle, sheep, swine, poultryand other animals or fowl which are being produced primarily for use as food orfood products for human consumption;
(vii) "Materially affects" means prohibits or regulateswith respect to the location or the emission of noise, effluent, odors, sewage,waste or similar products resulting from the operation or the location or useof buildings, machinery, vehicles, equipment or other real or personal propertyused in the operation of a livestock feedlot;
(viii) "Nuisance" means and includes public or privatenuisance as defined either by statute or by the common law;
(ix) "Nuisance action or proceeding" means andincludes every action, claim or proceeding, whether brought at law, in equity,or as an administrative proceeding, which is based on nuisance;
(x) "Owner" means the person holding record title toreal estate, including both legal and equitable interests under recorded realestate contracts;
(xi) "Rule of the department" means a rule adopted bythe department and as defined in W.S. 35-11-112(a)(i);
(xii) "Zoning requirement" means a regulation orordinance which has been adopted by a city, county or any special purposedistrict or authority, and which materially affects the operation of a feedlot.Nothing in this act shall be deemed to empower any agency described in thissubsection to make any regulation or ordinance;
(xiii) "This act" means W.S. 11-39-101 through11-39-104.
11-39-102. When defense to nuisance action available.
In any nuisance action or proceedingagainst a feedlot brought by or on behalf of a person whose date of ownershipof realty is subsequent to the established date of operation of that feedlot,proof of compliance with W.S. 11-39-103 is an absolute defense, if theconditions or circumstances alleged to constitute a nuisance are subject toregulatory jurisdiction by political subdivisions or related to the activitiesof the department of environmental quality.
11-39-103. Compliance with rules; applicability thereof; complianceschedule; exception.
(a) A person who operates a feedlot shall comply withapplicable rules of the department in accordance with the provisions of thissection. A person complies with this section as a matter of law where no ruleof the department exists.
(b) A rule of the department in effect on June 1, 1977 appliesto a feedlot with an established date of operation prior to June 1, 1977.
(c) A rule of the department applies to a feedlot with anestablished date of operation subsequent to the effective date of the rule.
(d) A rule of the department adopted after June 1, 1977 doesnot apply to a feedlot holding any department of environmental quality permitand having an established date of operation prior to the effective date of therule until either the expiration of the term of the permit in effect on theeffective date of the rule, or twenty (20) years from the established date ofoperation of the feedlot, whichever time period is greater.
(e) A rule of the department adopted after June 1, 1977 doesnot apply to a feedlot not previously required to hold a department ofenvironmental quality permit and having an established date of operation priorto the effective date of the rule for either a period of twenty (20) years fromthe established date of operation of the feedlot or five (5) years from theeffective date of the rule, whichever time period is greater.
(f) To achieve compliance with applicable rules the departmentshall issue an appropriate compliance schedule, and no other provision in thisact shall be deemed to empower the department to make any rule.
(g) This section does not apply to limit rules required fordelegation of the national pollutant discharge elimination system permitprogram pursuant to the Federal Water Pollution Control Act [Clean Water Act],title 33, United States Code, chapter 26, as amended, and 40 Code of FederalRegulations, part 124.
11-39-104. Compliance with zoning requirements mandatory; applicabilitythereof.
(a) A person who operates a feedlot shall comply withapplicable zoning requirements in accordance with the provisions of thissection. A person complies with this section as a matter of law where no zoningrequirement exists.
(b) A zoning requirement applies to a feedlot with anestablished date of operation subsequent to the effective date of the zoningrequirement.
(c) A zoning requirement which is in effect on June 1, 1977applies to a feedlot with an established date of operation prior to June 1,1977.
(d) A zoning requirement other than one adopted by a city doesnot apply to a feedlot with an established date of operation prior to theeffective date of the zoning requirement for a period of twenty (20) years fromthe effective date of that zoning requirement.
(e) A feedlot located within an incorporated area subject toregulation by that city on June 1, 1977 is subject to zoning requirementsadopted by the city regardless of the established date of operation of thefeedlot.
(f) A zoning requirement adopted by a city does not apply to afeedlot which becomes located within an area subject to regulation by that cityby virtue of an incorporation or annexation which takes effect after June 1,1977 for a period of twenty (20) years from the effective date of the incorporationor annexation.