A confinement feeding operation constructed or expanded prior to the date that a distance requirement became effective under section 459.202 and which does not comply with the section’s distance requirement may continue to operate regardless of the distance requirement. The confinement feeding operation may be expanded if any of the following applies:
 1. a. For a confinement feeding operation constructed prior to January 1, 1999, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 1 and 3.

 b. For a confinement feeding operation constructed on or after January 1, 1999, but prior to March 1, 2003, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 2 and 3.
 c. For a confinement feeding operation constructed on or after March 1, 2003, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 4 and 5.

Terms Used In Iowa Code 459.203

  • Animal: means cattle, swine, horses, sheep, chickens, turkeys, or fish. See Iowa Code 459.102
  • Animal unit: means a unit of measurement based upon the product of multiplying the number of animals of each category by a special equivalency factor as follows:
     a. See Iowa Code 459.102
  • Animal unit capacity: means a measurement used to determine the maximum number of animal units that may be maintained as part of an animal feeding operation at any one time, including as provided in sections 459. See Iowa Code 459.102
  • Animal weight capacity: means the product of multiplying the maximum number of animals which the owner or operator confines in an animal feeding operation at any one time by the average weight during a production cycle. See Iowa Code 459.102
  • Confinement feeding operation: means an animal feeding operation in which animals are confined to areas which are totally roofed. See Iowa Code 459.102
  • Confinement feeding operation structure: means an animal feeding operation structure that is part of a confinement feeding operation. See Iowa Code 459.102
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Formed manure storage structure: means a covered or uncovered impoundment used to store manure from an animal feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. See Iowa Code 459.102
  • Manure: means animal excreta or other commonly associated wastes of animals, including but not limited to bedding, litter, or feed losses. See Iowa Code 459.102
  • Manure storage structure: means a formed manure storage structure or an unformed manure storage structure. See Iowa Code 459.102
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. All of the following apply to the expansion of the confinement feeding operation:

 a. No portion of the confinement feeding operation after expansion is closer than before expansion to a location or object for which separation is required under section 459.202.
 b. For a confinement feeding operation that includes a confinement feeding operation structure constructed prior to March 1, 2003, the animal weight capacity of the confinement feeding operation as expanded is not more than the lesser of the following:

 (1) Double its animal weight capacity on the following dates:

 (a) May 31, 1995, for a confinement feeding operation that includes a confinement feeding operation structure constructed prior to January 1, 1999.
 (b) January 1, 1999, for a confinement feeding operation that only includes a confinement feeding operation structure constructed on or after January 1, 1999, but does include a confinement feeding operation structure constructed prior to March 1, 2003.
 (2) Either of the following:

 (a) Six hundred twenty-five thousand pounds animal weight capacity for animals other than cattle.
 (b) One million six hundred thousand pounds animal weight capacity for cattle.
 c. For a confinement feeding operation that does not include a confinement feeding operation structure constructed prior to March 1, 2003, the animal unit capacity of the confinement feeding operation as expanded is not more than the lesser of the following:

 (1) Double its animal unit capacity on March 1, 2003.
 (2) One thousand animal units.
 3. The confinement feeding operation includes a confinement feeding operation structure that is constructed prior to March 1, 2003, and is expanded by replacing one or more unformed manure storage structures with one or more formed manure storage structures, if all of the following apply:

 a. The animal weight capacity or animal unit capacity, whichever is applicable, is not increased for that portion of the confinement feeding operation that utilizes all replacement formed manure storage structures.
 b. Use of each replaced unformed manure storage structure is discontinued within one year after the construction of the replacement formed manure storage structure.
 c. The capacity of all replacement formed manure storage structures does not exceed the amount required to store manure produced by that portion of the confinement feeding operation utilizing the formed manure storage structures during any fourteen-month period.
 d. No portion of the replacement formed manure storage structure is closer to an object or location for which separation is required under section 459.202 than any other confinement feeding operation structure which is part of the operation.
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