As used in this chapter, unless the context otherwise requires:
1.“City” means a municipal corporation, but not including a county, township, school
district, or any special-purpose district or authority.
2.“Department” means the department of environmental quality in a reference to a time
before July 1, 1983, the department of water, air and waste management in a reference to
a time on or after July 1, 1983, and through June 30, 1986, and the department of natural
resources on or after July 1, 1986, and includes any officer or agency within that department.
3.“Established date of operation” means the date on which a feedlot commenced
operating with not more livestock than reasonably could be maintained by the physical
facilities existing as of that date. If the physical facilities of t
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As used in this chapter, unless the context otherwise requires:
1. “City” means a municipal corporation, but not including a county, township, school
district, or any special-purpose district or authority.
2. “Department” means the department of environmental quality in a reference to a time
before July 1, 1983, the department of water, air and waste management in a reference to
a time on or after July 1, 1983, and through June 30, 1986, and the department of natural
resources on or after July 1, 1986, and includes any officer or agency within that department.
3. “Established date of operation” means the date on which a feedlot commenced
operating with not more livestock than reasonably could be maintained by the physical
facilities existing as of that date. If the physical facilities of the feedlot are subsequently
expanded, the established date of operation for each expansion is deemed to be a separate
andindependent“establisheddateofoperation”establishedasofthisdateofcommencement
of the expanded operations, and the commencement of expanded operations shall not divest
the feedlot of a previously established date of operation.
4. “Established date of ownership” means the date of the recording of an appropriate
muniment of title establishing the ownership of realty.
5. “Establishment cost of a feedlot” means the cost or value of the feedlot on its
established date of operation and includes the cost or value of the building, machinery,
vehicles, equipment or other real or personal property used in the operation of the feedlot.
6. “Feedlot” means a lot, yard, corral, or other area in which livestock are confined,
primarily for the purposes of feeding and growth prior to slaughter. The term does not
include areas which are used for the raising of crops or other vegetation and upon which
livestock are allowed to graze or feed.
7. A rule pertaining to “feedlot design standards” means a rule, the implementation of
which, or the compliance with which, requires the expenditure of funds in excess of two
percent of the establishment cost of the feedlot.
8. A rule pertaining to “feedlot management standards” means a rule, the implementation
of which, or the compliance with which, requires the expenditure of funds not in excess of
two percent of the establishment cost of the feedlot.
9. “Livestock” means cattle, sheep, swine, ostriches, rheas, emus, poultry, and other
animals or fowl, which are being produced primarily for use as food or food products for
human consumption.
10. “Materially affects” means prohibits or regulates with respect to the location, or the
emission of noise, effluent, odors, sewage, waste, or similar products resulting from the
operation or the location or use of buildings, machinery, vehicles, equipment, or other real
or personal property used in the operation, of a livestock feedlot.
11. “Nuisance” means and includes public or private nuisance as defined either by statute
or by the common law.
12. “Nuisance action or proceeding” means and includes every action, claim or
proceeding, whether brought at law, in equity, or as an administrative proceeding, which is
based on nuisance.
13. “Owner” shall mean the person holding record title to real estate to include both legal
and equitable interests under recorded real estate contracts.
14. “Rule of the department” means a rule as defined in section 17A.2 which materially
affects the operation of a feedlot and which has been adopted by the department. The term
§172D.1, LIVESTOCK FEEDLOTS 2
includes a rule which was in effect prior to July 1, 1975. Except as specifically provided
in section 172D.3, subsection 2, paragraph “b”, subparagraph (5) and paragraph “c”,
subparagraph (5) nothing in this chapter shall be deemed to empower the department to
make any rule.
15. “Zoning requirement” means a regulation or ordinance, which has been adopted by a
city, county, township, school district, or any special-purpose district or authority, and which
materially affects the operation of a feedlot. Nothing in this chapter shall be deemed to
empower any agency described in this subsection to make any regulation or ordinance.