Iowa Code § 459.202 — IA Code / Title XI / Chapter 459 / Section 459.202
Confinement feeding operations structures — separation distances.
Status: in_force

The following shall apply to confinement feeding operation structures:

(1) (a) Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to January 1, 1999; and to the expansion of structures constructed prior to January 1, 1999.

(1) (b) The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution:

(1) Minimum separationdistance in feet foroperations havingMinimum separationan animal weightMinimum separationdistance in feet forcapacity of 625,000distance in feet foroperations havingor more pounds butoperations havingan animal weightless than 1,250,000an animal weightcapacity of less thanpounds for animalscapacity of 1,250,000625,000 pounds forother than cattle,or more pounds foranimals other thanor 1,600,000 or moreanimals other thancattle, or less thanpounds but less thancattle, or 4,000,0001,600,000 pounds for 4,000,000 pounds for or more pounds forType of structurecattlecattlecattleAnaerobic lagoon1,2501,8752,500Uncovered earthenmanure storage basin1,2501,8752,500Uncovered formedmanure storagestructure1,0001,5002,000Covered earthen manure storage basin7501,0001,500Covered formedmanure storagestructure7501,0001,500Confinement building7501,0001,500Egg washwaterstorage structure7501,0001,500

(2) (a) Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after January 1, 1999, but prior to March 1, 2003, and to the expansion of structures constructed on or after January 1, 1999, but prior to March 1, 2003.

(2) (b) The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution:

(2) Minimum separationdistance in feet foroperations havingMinimum separationan animal weightMinimum separationdistance in feet forcapacity of 625,000distance in feet foroperations havingor more pounds butoperations havingan animal weightless than 1,250,000an animal weightcapacity of less thanpounds for animalscapacity of 1,250,000625,000 pounds forother than cattle,or more pounds foranimals other thanor 1,600,000 or moreanimals other thancattle, or less thanpounds but less thancattle, or 4,000,0001,600,000 pounds for4,000,000 pounds foror more pounds forType of structurecattlecattlecattleAnaerobic lagoon1,2501,8752,500 Uncovered earthenmanure storage basin1,2501,8752,500 Uncovered formedmanure storagestructure1,2501,5002,000 Covered earthenmanure storagebasin1,0001,2501,875 Covered formedmanure storagestructure1,0001,2501,875 Confinement building1,0001,2501,875 Egg washwater storagestructure7501,0001,500

(3) (a) Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to March 1, 2003; to the expansion of structures constructed on or after May 31, 1995, but prior to March 1, 2003; and to the expansion of structures constructed prior to May 31, 1995.

(3) (b) The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:

(3) Minimum separationdistance in feet foroperations havingMinimum separationan animal weightMinimum separationdistance in feet forcapacity of 625,000distance in feet foroperations havingor more pounds but operations havingan animal weightless than 1,250,000an animal weightcapacity of less than pounds for animalscapacity of 1,250,000625,000 pounds forother than cattle,or more pounds foranimals other thanor 1,600,000 or moreanimals other thancattle, or less thanpounds but less thancattle, or 4,000,0001,600,000 pounds for 4,000,000 pounds foror more pounds for Type of structurecattlecattlecattleConfinement feedingoperation structure1,2501,8752,500

(4) (a) Except as provided in subsection 5 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.

(4) (b) The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution:

(4) For a confinementFor a confinementfeeding operationFor a confinementfeeding operationhaving an animalfeeding operationhaving an animalunit capacity ofhaving an animalunit capacity of1,000 or more butunit capacity ofless than 1,000less than 3,0003,000 or moreType of structureanimal unitsanimal unitsanimal unitsAnaerobic lagoon1,8752,5003,000 Uncovered earthenmanure storage basin1,8752,5003,000 Uncovered formedmanure storagestructure1,5002,0002,500 Covered earthenmanure storage basin1,2501,8752,375 Covered formed manurestorage structure1,2501,8752,375 Confinement building1,2501,8752,375 Egg washwaterstorage structure1,0001,5002,000

(5) (a) Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.

(5) (b) The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:

(5) For a confinementFor a confinementfeeding operationFor a confinementfeeding operationhaving an animalfeeding operationhaving an animalunit capacity ofhaving an animalunit capacity of1,000 or more butunit capacity ofless than 1,000less than 3,0003,000 or moreType of structureanimal unitsanimal unitsanimal unitsConfinement feedingoperation structure1,8752,5003,000

(6) Except as provided in section 459.205, a confinement feeding operation structure shall not be constructed or expanded within one hundred feet from a public thoroughfare.

95 Acts, ch 195, §16CS95, §455B.16298 Acts, ch 1209, §15 – 17, 53; 99 Acts, ch 114, §58, 59; 2002 Acts, ch 1137, §11 – 17, 67, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §260, 262C2003, §459.2022013 Acts, ch 30, §104 – 108; 2021 Acts, ch 76, §117, 118