(1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director.
(2)  Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, to be a single facility, even though separately their capacity is less than a large or medium poultry CAFO, if they use a common animal waste management system or land application site.

Terms Used In Idaho Code 25-4003

  • CAFO: means an AFO that is defined as a large poultry CAFO or as a medium poultry CAFO by the terms of this chapter, or that is designated as a CAFO in accordance with section 25-4011, Idaho Code. See Idaho Code 25-4002
  • Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 25-4002
  • Land application: means the spreading on, or incorporation of, animal waste into the soil mantle primarily for beneficial purposes. See Idaho Code 25-4002
  • modified: means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility. See Idaho Code 25-4002
  • Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, that is recognized by law as the subject of rights and duties. See Idaho Code 25-4002
  • Poultry: means chickens, turkeys, ducks, geese and any other bird raised in captivity. See Idaho Code 25-4002
(3)  The provisions of this section shall be applicable only to those poultry CAFOs constructed or modified after the effective date of this chapter.