For purposes of this subchapter, all of the following shall apply:
 1. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common area or system for manure disposal. In addition, for purposes of determining whether two or more confinement feeding operations are adjacent, all of the following must apply:

 a. At least one confinement feeding operation structure must be constructed on or after May 21, 1998.
 b. A confinement feeding operation structure which is part of one confinement feeding operation is separated by less than a minimum required distance from a confinement feeding operation structure which is part of the other confinement feeding operation. The minimum required distance shall be as follows:

 (1) One thousand two hundred fifty feet for confinement feeding operations having a combined animal unit capacity of less than one thousand animal units.
 (2) Two thousand five hundred feet for confinement feeding operations having a combined animal unit capacity of one thousand animal units or more.

Terms Used In Iowa Code 459.301

  • Animal: means cattle, swine, horses, sheep, chickens, turkeys, or fish. See Iowa Code 459.102
  • Animal feeding operation: means a lot, yard, corral, building, or other area in which animals are confined and fed and maintained for forty-five days or more in any twelve-month period, and all structures used for the storage of manure from animals in the operation. 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
  • 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
  • Department: means the department of natural resources created pursuant to section 455A. See Iowa Code 459.102
  • Director: means the director of the department of natural resources. 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
  • 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
  • One hundred year floodplain: means the land adjacent to a major water source, if there is at least a one percent chance that the land will be inundated in any one year, according to calculations adopted by rules adopted pursuant to section 459. See Iowa Code 459.102
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • Small animal feeding operation: means an animal feeding operation which has an animal unit capacity of five hundred or fewer animal units. See Iowa Code 459.102
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Stockpile: means dry manure originating from a confinement feeding operation that is stored at a particular location outside a manure storage structure. See Iowa Code 459.102
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. A confinement feeding operation structure is “constructed” in the same manner as provided in section 459.201.
 3. a. In calculating the animal unit capacity of a confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all confinement feeding operation buildings which are part of the confinement feeding operation, unless a confinement feeding operation building has been abandoned as provided in section 459.201.

 b. In calculating animal unit capacity for purposes of an election to be considered a small animal feeding operation as provided in section 459.312A, the animal unit capacity of a confinement feeding operation shall include all confinement feeding operation buildings that are used to do any of the following:

 (1) House animals.
 (2) Store manure.
 4. All distances between locations or objects provided in this subchapter shall be measured in feet from their closest points.
 5. a. The department shall designate by rule each one hundred year floodplain in this state according to the location of the one hundred year floodplain. A person shall not be prohibited from constructing a confinement feeding operation structure on a one hundred year floodplain unless the one hundred year floodplain is designated by rule in accordance with this subsection.

 b. (1) Until the effective date of rules adopted by the department to designate the location of each one hundred year floodplain in this state, a person shall not construct a confinement feeding operation structure on land that contains a soil type classified as alluvial unless one of the following applies:

 (a) If the person does not apply for a construction permit as provided in section 459.303, the person must petition the department for a declaratory order pursuant to section 17A.9 to determine whether the location of the proposed confinement feeding operation structure is located on a one hundred year floodplain. The department shall issue a declaratory order in response to the petition, notwithstanding any other provision provided in section 17A.9 to the contrary, within thirty days from the date that the petition is filed with the department.
 (b) If the person does apply for a construction permit as provided in section 459.303, the person must identify that the land contains a soil type classified as alluvial. The department shall determine whether the land is located on a one hundred year floodplain.
 (2) The department shall provide in its declaratory order or its approval or disapproval of a construction permit application a determination regarding whether the confinement feeding operation structure is to be located on a one hundred year floodplain, whether the confinement feeding operation structure may be constructed at the location, and any conditions for the construction.
 (3) This paragraph “b” is repealed on the effective date that rules are adopted by the department pursuant to paragraph “a”. The department shall provide a caption on the adopted rule as published in the Iowa administrative bulletin as provided in section 17A.4, stating that this paragraph is repealed as provided in this subparagraph. The director of the department shall deliver a copy of the adopted rule to the Iowa Code editor.
 6. Dry manure that is stockpiled within a distance of one thousand two hundred fifty feet from another stockpile shall be considered part of the same stockpile.
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