1.Except as provided in subsections 3 and 4, the following shall apply:
a.A confinement feeding operation structure shall not be constructed closer than five
hundred feet away from the surface intake of an agricultural drainage well. A confinement
feeding operation structure shall not be constructed closer than one thousand feet from
a wellhead, cistern of an agricultural drainage well, or known sinkhole. However, the
department may adopt rules requiring an increased separation distance under this paragraph
in order to protect the integrity of a water of the state. The increased separation distance
shall not be more than two thousand feet. If the department exercises its discretion
to increase the separation distance requirement, the department shall not approve an
application for the c
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1. Except as provided in subsections 3 and 4, the following shall apply:
a. A confinement feeding operation structure shall not be constructed closer than five
hundred feet away from the surface intake of an agricultural drainage well. A confinement
feeding operation structure shall not be constructed closer than one thousand feet from
a wellhead, cistern of an agricultural drainage well, or known sinkhole. However, the
department may adopt rules requiring an increased separation distance under this paragraph
in order to protect the integrity of a water of the state. The increased separation distance
shall not be more than two thousand feet. If the department exercises its discretion
to increase the separation distance requirement, the department shall not approve an
application for the construction of a confinement feeding operation structure within that
separation distance as provided in section 459.303.
b. A confinement feeding operation structure shall not be constructed if the confinement
feeding operation structure as constructed is closer than any of the following:
(1) Five hundred feet away from a water source other than a major water source.
(2) One thousand feet away from a major water source.
(3) Two thousand five hundred feet away from a designated wetland.
c. (1) A water source, other than a major water source, shall not be constructed,
expanded, or diverted, if the water source as constructed, expanded, or diverted is closer
than five hundred feet away from a confinement feeding operation structure.
(2) A major water source shall not be constructed, expanded, or diverted, if the major
water source as constructed, expanded, or diverted is closer than one thousand feet from a
confinement feeding operation structure.
(3) A designated wetland shall not be established, if the designated wetland is closer than
two thousand five hundred feet away from a confinement feeding operation structure.
2. Except as provided in subsection 4, a confinement feeding operation structure shall not
be constructed on land that is part of a one hundred year floodplain as designated by rules
adopted by the department pursuant to section 459.301.
3. A separation distance required in subsection 1 shall not apply to any of the following:
a. A location or object and a farm pond or privately owned lake, as defined in section
462A.2.
b. A confinement feeding operation building, an egg washwater storage structure, or a
manurestoragestructureconstructedwithasecondarycontainmentbarrier. Thedepartment
shall adopt rules providing for the construction and use of a secondary containment barrier,
including construction design standards.
4. A separation distance required in subsection 1 or the prohibition against construction
of a confinement feeding operation structure on a one hundred year floodplain as provided in
subsection 2 shall not apply to a confinement feeding operation that includes a confinement
feedingoperationstructurethatwasconstructedpriortoMarch1,2003,ifanyofthefollowing
apply:
a. One or more unformed manure storage structures that are part of the confinement
feeding operation are replaced with one or more formed manure storage structures on or
after April 28, 2003, and all of the following apply:
(1) The animal weight capacity or animal unit capacity, whichever is applicable, is not
increased for that portion of the confinement feeding operation that utilizes all replacement
formed manure storage structures.
(2) The use of each replaced unformed manure storage structure is discontinued within
one year after the construction of the replacement formed manure storage structure.
(3) The capacity of all replacement formed manure storage structures does not exceed
the amount required to store manure produced by that portion of the confinement feeding
operation utilizing the formed manure storage structures during any eighteen-month period.
(4) No portion of the replacement formed manure storage structure is closer to the
location or object from which separation is required under subsection 1 than any other
confinement feeding operation structure which is part of the operation.
(5) The formed manure storage structure meets or exceeds the requirements of section
459.307.
b. (1) A formed manure storage structure that is part of the confinement feeding
operation is constructed on or after April 28, 2003, pursuant to a variance granted by the
department. In granting the variance, the department shall make a finding of all of the
following:
(a) The replacement formed manure storage structure replaces the confinement feeding
operation’s existing manure storage and handling facilities.
(b) The replacement formed manure storage structure complies with standards adopted
pursuant to section 459.307.
27 ANIMAL AGRICULTURE COMPLIANCE ACT, §459.311A
(c) The replacement formed manure storage structure more likely than not provides a
higher degree of environmental protection than the confinement feeding operation’s existing
manure storage and handling facilities.
(2) If the formed manure storage structure will replace any existing manure storage
structure, the department shall, as a condition of granting the variance, require that the
replaced manure storage structure be properly closed.
5. A person shall not construct or expand an unformed manure storage structure within
an agricultural drainage well area as provided in section 460.205.