Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart B - SETBACKS › Section 900.202 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grandfather
				provision: Facilities in existence prior to July 15, 1991. Livestock management
				facilities and livestock waste handling facilities in existence prior to July
				15, 1991 shall comply with setbacks in existence prior to July 15, 1991, as set
				forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code
				501.402.
				[510
				ILCS 77/35(a) ]
b) Grandfather provision: Facilities in
				existence on effective date and after July 15, 1991. Livestock management
				facilities and livestock waste handling facilities in existence on May 21, 1996
				(the effective date of the Livestock Management Facilities Act) but after July
				15, 1991 shall comply with setbacks in existence prior to May 21, 1996, as set
				forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code
				501.402. [510
				ILCS 77/35(b) ]
c) New livestock management or livestock
				waste handling facilities. Any new facility shall comply with the following
				setbacks:
1) Residence: For purposes of
				determining setback distances, minimum distances shall be measured from the
				nearest corner of the residence to the nearest corner of the earthen waste
				lagoon, livestock waste handling facility, or livestock management facility,
				whichever is closer.
2) Common
				Place of Assembly or Non-Farm Business: For the purposes of determining setback
				distances between a common place of assembly or non-farm business:
A) When the primary activity at a common
				place of assembly or non-farm business is an outdoor activity, minimum
				distances shall be measured from the nearest corner of the earthen waste
				lagoon, livestock waste handling facility, or livestock management facility to
				the nearest point on the legal property line of the common place of assembly or
				non-farm business.
B) When the
				primary activity at a common place of assembly or non-farm business is not an
				outdoor activity and is an indoor activity, minimum distances shall be measured
				from the nearest corner of the earthen waste lagoon, livestock waste handling
				facility, or livestock management facility to the nearest corner of the
				structure where the indoor activity takes place.
3) A livestock management facility or
				livestock waste handling facility serving less than 50 animal units shall be
				exempt from setback distances as set forth in the Livestock Management
				Facilities Act but shall be subject to rules promulgated under the Illinois
				Environmental Protection Act.
4)
				For a livestock management facility or waste handling facility serving 50 or
				greater but less than 1,000 animal units, the minimum setback distance shall be
				¼ mile from the nearest occupied residence and ½ mile from the
				nearest populated area.
5) For a
				livestock management facility or livestock waste handling facility serving
				1,000 or greater but less than 7,000 animal units, the setback is as follows:
A) For a populated area, the minimum setback
				shall be increased 440 feet over the minimum setback of ½ mile for each
				additional 1,000 animal units over 1,000 animal units.
B) For any occupied residence, the minimum
				setback shall be increased 220 feet over the minimum setback of ¼ mile
				for each additional 1,000 animal units over 1,000 animal units.
6) For a livestock management
				facility or livestock waste handling facility serving 7,000 or greater animal
				units, the setback is as follows:
A) For a
				populated area, the minimum setback shall be 1 mile.
B) For any occupied residence, the minimum
				setback shall be ½ mile. [510
				ILCS 77/35(c) ]