IA Code § 459.202 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT|Section 459.202 - Confinement feeding operations structures — separation distances.

459.202 Confinement feeding operations structures — separation distances.   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.   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, bona fide religious institution, or an educational institution:   Minimum separation   distance in feet for   operations having   Minimum separation an animal weight Minimum separation   distance in feet for capacity of 625,000 distance in feet for   operations having or more pounds but operations having   an animal weight less than 1,250,000 an animal weight   capacity of less than pounds for animals capacity of 1,250,000   625,000 pounds for other than cattle, or more pounds for   animals other than or 1,600,000 or more animals other than   cattle, or less than pounds but less than cattle, or 4,000,000   1,600,000 pounds for 4,000,000 pounds for or more pounds for  Type of structure cattle cattle cattle  Anaerobic lagoon 1,250 1,8752,500  Uncovered earthen   manure storage basin 1,250 1,8752,500  Uncovered formed   manure storage   structure 1,000 1,5002,000  Covered earthen   manure storage basin 750 1,0001,500  Covered formed   manure storage   structure 750 1,0001,500  Confinement building 750 1,0001,500  Egg washwater   storage structure 750 1,0001,500   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.   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, bona fide religious institution, or an educational institution:   Minimum separation   distance in feet for   operations having   Minimum separation an animal weight Minimum separation   distance in feet for capacity of 625,000 distance in feet for   operations having or more pounds but operations having   an animal weight less than 1,250,000 an animal weight   capacity of less than pounds for animals capacity of 1,250,000   625,000 pounds for other than cattle, or more pounds for   animals other than or 1,600,000 or more animals other than   cattle, or less than pounds but less than cattle, or 4,000,000   1,600,000 pounds for 4,000,000 pounds for or more pounds for  Type of structure cattle cattle cattle  Anaerobic lagoon 1,250 1,8752,500   Uncovered earthen   manure storage basin 1,250 1,8752,500   Uncovered formed   manure storage   structure 1,250 1,5002,000   Covered earthen   manure storage   basin 1,000 1,2501,875   Covered formed   manure storage   structure 1,000 1,2501,875   Confinement building 1,000 1,2501,875   Egg washwater storage   structure 750 1,0001,500   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.   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:   Minimum separation   distance in feet for   operations having   Minimum separation an animal weight Minimum separation   distance in feet for capacity of 625,000 distance in feet for   operations having or more pounds but operations having   an animal weight less than 1,250,000 an animal weight   capacity of less than pounds for animals capacity of 1,250,000   625,000 pounds for other than cattle, or more pounds for   animals other than or 1,600,000 or more animals other than   cattle, or less than pounds but less than cattle, or 4,000,000   1,600,000 pounds for 4,000,000 pounds for or more pounds for   Type of structure cattle cattle cattle    Confinement feeding   operation structure 1,250 1,8752,500   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.   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:   For a confinement   For a confinement feeding operation For a confinement   feeding operation having an animal feeding operation   having an animal unit capacity of having an animal   unit capacity of 1,000 or more but unit capacity of   less than 1,000 less than 3,000 3,000 or more  Type of structure animal units animal units animal units  Anaerobic lagoon 1,875 2,5003,000   Uncovered earthen   manure storage basin 1,875 2,5003,000   Uncovered formed   manure storage   structure 1,500 2,0002,500   Covered earthen   manure storage basin 1,250 1,8752,375   Covered formed manure   storage structure 1,250 1,8752,375   Confinement building 1,250 1,8752,375   Egg washwater   storage structure 1,000 1,5002,000   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.   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:   For a confinement   For a confinement feeding operation For a confinement   feeding operation having an animal feeding operation   having an animal unit capacity of having an animal   unit capacity of 1,000 or more but unit capacity of   less than 1,000 less than 3,000 3,000 or more  Type of structure animal units animal units animal units  Confinement feeding   operation structure 1,875 2,5003,000   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, §16  CS95, §455B.162  98 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, 262  C2003, §459.202  2013 Acts, ch 30, §104 – 108  Referred to in §459.203, 459.205, 459.207, 459.303, 459.304, 459.305, 654C.1  For separation distance requirements established between an anaerobic lagoon or earthen waste slurry storage basin constructed or expanded within certain dates prior to May 31, 1995, and a residence not owned by the owner of the feeding operation, see §455B.134  For prohibition against constructing or expanding an earthen storage structure within an agricultural drainage well area, see §460.205