§ 2-20-19 — Setback requirements.

A. Except as authorized by this subsection, no liquid swine waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the swine feeding operation. B. Except as otherwise provided by Section 20-20 of this title, no concentrated swine feeding operation shall be established within one (1) mile of ten or more residences that are occupied residences at the time of the establishment of the concentrated swine feeding operation. C. The proscription contained in subsections A and B of this section shall not apply if the applicable property owner executes a written waiver with the owner or operator of the swine feeding operation, under the terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder of deeds in the county where the property is located. The filed waiver shall preclude enforcement of the setback requirements contained in subsections A and B of this section. A change in ownership of the applicable property or change in the ownership of the property on which the swine feeding operation is located shall not affect the validity of the waiver. D. No liquid swine waste shall be land applied within three hundred (300) feet of an existing public or private drinking water well. E. Except as provided by Section 20-20 of this title, no concentrated swine feeding operation shall be established if located: 1. Within three (3) miles of a state park or resort; 2. On land within three (3) miles of the incorporated limits of any municipality, unless the municipality's governing body executes a written waiver of the setback for the particular swine feeding operation. A change in ownership of the property on which the animal feeding operation is located shall not affect the validity of the waiver; or 3. Within three (3) miles of the high water mark of a surface public water supply if the concentrated swine feeding operation is located within the drainage basin for the public water supply. F. All distances between occupied residences and swine feeding operations shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the Department. The property boundary line of the real property is not used unless it coincides with the closest point of the waste facility or occupied residence.

Legislative History

Added by Laws 1997, c. 331, § 17, eff. Sept. 1, 1997. Amended by Laws 1998, c. 404, § 14, emerg. eff. June 10, 1998. Renumbered from § 9-210.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 19, eff. Nov. 1, 2007; Laws 2017, c. 90, § 3, eff. Nov. 1, 2017.