Idaho § 39-7904 SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION

Idaho Statutes

§ 39-7904 — SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION

Idaho § 39-7904

Title 39HEALTH AND SAFETY

Ch. 79LOCAL OPTION SWINE FACILITIES SITING ACT

This text of Idaho § 39-7904 (SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 39-7904 (2026).

Text

(1)No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter.

(2)The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule.

(3)This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their opt

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(1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter.
(2) The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule.
(3) This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their option to comply with this chapter, they are not subject to its provisions and may exercise individual authority to accept, regulate or reject swine facilities independently of this chapter.
(4) This chapter applies only if the board of county commissioners or governing body of a city, whichever has jurisdiction over the site for a proposed swine facility, chooses to comply with this chapter. If a board of county commissioners or a governing body of a city with jurisdiction chooses not to comply with this chapter, the department is not required to take any action under this chapter.
(5) Boards of county commissioners and governing bodies of cities that choose to comply with this chapter shall signify compliance by resolution or ordinance communicated to the director in writing.
(6) If a board of county commissioners or a governing body of a city chooses to comply with this chapter, the department does not have to issue a determination or notice of environmental suitability of facility location pursuant to its rules for swine facilities, IDAPA 58.01.09.