§ 459.205 — Separation distance requirements — exemptions

Iowa § 459.205

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 459: ANIMAL AGRICULTURE COMPLIANCE ACT

Text

A separation distance requirement provided in this subchapter shall not apply to the
following:
1. A confinement feeding operation structure, if the structure is part of a confinement
feeding operation which qualifies as a small animal feeding operation. However, this
subsection shall not apply if the confinement feeding operation structure is an unformed
manure storage structure.
2. a. A confinement feeding operation structure which is constructed or expanded, if
the titleholder of the land benefiting from the distance separation requirement executes a
written waiver with the titleholder of the land where the structure is located. If a confinement
feeding operation structure is constructed or expanded within the separation distance
required between a confinement feeding operation structure and a public thoroughfare as
required pursuant to section 459.202, the state or a political subdivision constructing or
maintaining the public thoroughfare benefiting from the distance separation requirement
may execute a written waiver with the titleholder of the land where the structure is located.
The confinement feeding operation structure shall be constructed or expanded under such
terms and conditions that the parties negotiate.
b. A written waiver under this subsection becomes effective only upon the recording of
the waiver in the office of the recorder of deeds of the county in which the benefited land
is located. The filed waiver shall preclude enforcement by the state of section 459.202 as it
relates to a distance requirement between the confinement feeding operation structure and
the location or object benefiting from the separation distance requirement.
3. A confinement feeding operation structure which is constructed or expanded within
any distance from a residence, educational institution, commercial enterprise, bona fide
religious institution, city, or public use area, if the residence, educational institution,
commercial enterprise, or bona fide religious institution was constructed or expanded, or the
boundaries of the city or public use area were expanded, after the date that the confinement
feeding operation was established. The date the confinement feeding operation was
established is the date on which the confinement feeding operation commenced operating.
A change in ownership or expansion of the confinement feeding operation shall not change
the established date of operation.
4. Theapplicationofliquidmanureonlandwithinaseparationdistancerequiredbetween
the applied manure and an object or location for which separation is required under section
459.204, if any of the following apply:
a. The liquid manure is injected into the soil or incorporated within the soil not later
than twenty-four hours from the original application, as provided by rules adopted by the
commission.
b. The titleholder of the land benefiting from the separation distance requirement
executes a written waiver with the titleholder of the land where the manure is applied.
c. The liquid manure originates from a small animal feeding operation.
d. The liquid manure is applied by spray irrigation equipment using a center pivot
mechanism as provided by rules adopted by the department, if all of the following apply:
(1) The spray irrigation equipment uses hoses which discharge the liquid manure in a
downward direction at a height of not more than nine feet above the soil.
(2) The spray irrigation equipment disperses manure through an orifice at a maximum
pressure of not more than twenty-five pounds per square inch.
(3) The liquid manure is not applied within two hundred fifty feet from a residence not
ownedbythetitleholderoftheland, acommercialenterprise, abonafidereligiousinstitution,
an educational institution, or a public use area.
5. The stockpiling of dry manure within a separation distance required between a
stockpile and an object or location for which separation is required under section 459.204B
if any of the following apply:
a. The titleholder of the land benefiting from the separation distance requirement
executes a written waiver with the titleholder of the land where the stockpile is located.
b. Thestockpileconsistsofdrymanureoriginatingfromasmallanimalfeedingoperation.
c. The stockpile consists of dry manure originating from a confinement feeding operation

that was constructed before January 1, 2006, unless the confinement feeding operation is
expanded after that date.
6. The distance between a confinement feeding operation structure and a cemetery, if any
of the following applies:
a. The confinement feeding operation structure was constructed or expanded prior to
January 1, 1999.
b. The construction or expansion of the confinement feeding operation structure began
prior to January 1, 1999.