Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.107 - Exemptions to Confinement Feeding Operation and Stockpile Separation Distance Requirements and Prohibition of Construction on the One Hundred Year Floodplain

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exemptions to separation distance requirements from a residence,
				business, church, school and public use area.
As specified in Iowa
				Code section 459.205, the separation
				distances required from residences, businesses, churches, schools and public
				use areas specified in Iowa Code sections
				459.202 and
				459.204B and required in
				subrules 65.106(1), 65.106(2), and 65.106(7), including Tables 6 to 6d located
				at
iowadnr.gov/afo/rules
, shall not apply to the
				following:
a. A confinement feeding operation
				structure, other than an unformed manure storage structure, if the structure is
				part of a SAFO or if the stockpile consists of dry manure originating from a
				SAFO.
b. A confinement feeding
				operation structure that is constructed or expanded, if the titleholder of the
				land benefiting from the distance separation requirement executes a written
				waiver with the titleholder of the land where the structure, stockpile or
				qualified stockpile structure is located, under such terms and conditions that
				the parties negotiate. The waiver shall be specific to the construction or
				expansion project for which it is submitted. The waiver may include specific
				language to include future projects or expansions. The written waiver becomes
				effective only upon the recording of the waiver in the office of the recorder
				of deeds of the county in which the benefited land is located. The benefited
				land is the land upon which is located the residence, business, church, school
				or public use area from which separation is required. The filed waiver shall
				preclude enforcement by the department of the separation distance requirements
				of Iowa Code section 459.202. A copy of the recorded
				waiver shall be submitted with the construction design statement pursuant to
				subrule 65.104(2) if a construction permit is not required or as part of the
				construction permit application documents pursuant to subrule
				65.104(1).
c. A confinement feeding
				operation structure that is constructed or expanded closer than the separation
				distances required in subrule 65.106(1) and 65.106(2), including Tables 6 to 6d
				located at
iowadnr.gov/afo/rules
, if the residence,
				business, church or school was constructed or expanded after the date that the
				confinement feeding operation commenced operating or if the boundaries of the
				public use area or the city expanded after the date that the confinement
				feeding operation commenced operating. A confinement feeding operation
				commences operating when it is first occupied by animals. A change in ownership
				or expansion of the confinement feeding operation does not change the date the
				operation commenced operating.
d.
				The stockpile consists of dry manure originating exclusively from a confinement
				feeding operation that was constructed before January 1, 2006, unless the
				confinement feeding operation is expanded after that date.