(a)As used in this act:
(i)"City" means any incorporated municipality
including a town;
(ii)"Department" means the department of
environmental quality and includes any officer or agency within
that department;
(iii)"Established date of operation" means the date
on which a feedlot commenced operating with not more livestock
than reasonably could be maintained by the physical facilities
existing as of that date. If the physical facilities of the
feedlot are subsequently expanded, the established date of
operation for each expansion is deemed to be a separate and
independent "established date of operation" established as of
the date of commencement of the expanded operations, and the
commencement of expanded operations shall not divest the feedlot
of a previously established date of opera
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(a) As used in this act:
(i) "City" means any incorporated municipality
including a town;
(ii) "Department" means the department of
environmental quality and includes any officer or agency within
that department;
(iii) "Established date of operation" means the date
on which a feedlot commenced operating with not more livestock
than reasonably could be maintained by the physical facilities
existing as of that date. If the physical facilities of the
feedlot are subsequently expanded, the established date of
operation for each expansion is deemed to be a separate and
independent "established date of operation" established as of
the date of commencement of the expanded operations, and the
commencement of expanded operations shall not divest the feedlot
of a previously established date of operation;
(iv) "Established date of ownership" means the date
of the recording of an appropriate muniment of title
establishing the ownership of realty;
(v) "Feedlot" means a lot, yard, corral or other area
in which livestock are confined, primarily for the purposes of
feeding and growth prior to slaughter. The term does not include
areas which are used for the raising of crops or other
vegetation and upon which livestock are allowed to graze or
feed;
(vi) "Livestock" means cattle, sheep, swine, poultry
and other animals or fowl which are being produced primarily for
use as food or food products for human consumption;
(vii) "Materially affects" means prohibits or
regulates with respect to the location or the emission of noise,
effluent, odors, sewage, waste or similar products resulting
from the operation or the location or use of buildings,
machinery, vehicles, equipment or other real or personal
property used in the operation of a livestock feedlot;
(viii) "Nuisance" means and includes public or
private nuisance as defined either by statute or by the common
law;
(ix) "Nuisance action or proceeding" means and
includes every action, claim or proceeding, whether brought at
law, in equity, or as an administrative proceeding, which is
based on nuisance;
(x) "Owner" means the person holding record title to
real estate, including both legal and equitable interests under
recorded real estate contracts;
(xi) "Rule of the department" means a rule adopted by
the department and as defined in W.S. 35-11-112(a)(i);
(xii) "Zoning requirement" means a regulation or
ordinance which has been adopted by a city, county or any
special purpose district or authority, and which materially
affects the operation of a feedlot. Nothing in this act shall be
deemed to empower any agency described in this subsection to
make any regulation or ordinance;
(xiii) "This act" means W.S. 11-39-101 through