For purposes of this subchapter, all of the following shall apply:
1.Two or more animal feeding operations under common ownership or management are
deemed to be a single animal feeding operation if they are adjacent or utilize a common
system for manure storage. For purposes of determining whether two or more confinement
feeding operations are adjacent, all of the following must apply:
a.At least one confinement feeding operation structure must be constructed on or after
March 21, 1996.
b.A confinement feeding operation structure which is part of one confinement feeding
operation is separated by less than a minimum required distance from a confinement feeding
operation structure which is part of the other confinement feeding operation. The minimum
required distance shall be as follows:
Free access — add to your briefcase to read the full text and ask questions with AI
For purposes of this subchapter, all of the following shall apply:
1. Two or more animal feeding operations under common ownership or management are
deemed to be a single animal feeding operation if they are adjacent or utilize a common
system for manure storage. For purposes of determining whether two or more confinement
feeding operations are adjacent, all of the following must apply:
a. At least one confinement feeding operation structure must be constructed on or after
March 21, 1996.
b. A confinement feeding operation structure which is part of one confinement feeding
operation is separated by less than a minimum required distance from a confinement feeding
operation structure which is part of the other confinement feeding operation. The minimum
required distance shall be as follows:
(1) (a) One thousand two hundred fifty feet for a confinement feeding operation having
an animal unit capacity of less than three thousand animal units for animals other than swine
maintainedaspartofaswinefarrowingandgestatingoperationorfarrow-to-finishoperation,
or cattle maintained as part of a cattle operation.
(b) One thousand two hundred fifty feet for a confinement feeding operation having an
animal unit capacity of less than one thousand two hundred fifty animal units for swine
maintained as part of a farrowing and gestating operation, less than two thousand seven
hundred animal units for swine maintained as part of a farrow-to-finish operation, or less
than four thousand animal units for cattle maintained as part of a cattle operation.
(2) (a) One thousand five hundred feet for a confinement feeding operation having an
animal unit capacity of three thousand or more but less than five thousand animal units for
animals other than swine maintained as part of a swine farrowing and gestating operation or
farrow-to-finish operation, or cattle maintained as part of a cattle operation.
(b) One thousand five hundred feet for a confinement feeding operation having an animal
unit capacity of one thousand two hundred fifty or more but less than two thousand animal
unitsforswinemaintainedaspartofaswinefarrowingandgestatingoperation,twothousand
seven hundred or more but less than five thousand four hundred animal units for swine
maintained as part of a farrow-to-finish operation, or four thousand or more but less than
six thousand five hundred animal units for cattle maintained as part of a cattle operation.
(3) (a) Two thousand five hundred feet for a confinement feeding operation having an
animal unit capacity of five thousand or more animal units for animals other than swine
maintainedaspartofaswinefarrowingandgestatingoperationorfarrow-to-finishoperation,
or cattle maintained as part of a cattle operation.
(b) Two thousand five hundred feet for a confinement feeding operation having an animal
unit capacity of two thousand or more animal units for swine maintained as part of a swine
farrowingandgestatingoperation,fivethousandfourhundredanimalunitsormoreforswine
maintained as part of a farrow-to-finish operation, or six thousand five hundred or more
animal units for cattle maintained as part of a cattle operation.
2. A confinement feeding operation structure is “constructed” when any of the following
occurs:
a. Excavation for a proposed confinement feeding operation structure or proposed
expansion of an existing confinement feeding operation structure, including excavation for
the footings of the confinement feeding operation structure.
b. Formsforconcreteareinstalledforaproposedconfinementfeedingoperationstructure
or the proposed expansion of an existing confinement feeding operation structure.
c. Piping for the movement of manure is installed within or between confinement feeding
operation structures as proposed or proposed to be expanded.
3. In calculating the animal unit capacity of a confinement feeding operation, the animal
unit capacity shall include the animal unit capacity of all confinement feeding operation
buildings which are part of the confinement feeding operation, unless a confinement feeding
operation building has been abandoned.
4. A confinement feeding operation structure is abandoned if the confinement feeding
operationstructurehasbeenrazed,removedfromthesiteofaconfinementfeedingoperation,
filled in with earth, or converted to uses other than a confinement feeding operation structure
so that it cannot be used as a confinement feeding operation structure without significant
reconstruction.
5. All distances between locations of objects provided in this part shall be measured in
feet from their closest points, as provided by rules adopted by the department. However, a
distance between a public thoroughfare and a confinement feeding operation structure shall
be measured from the portion of the right-of-way which is closest to the confinement feeding
operation structure.