Iowa Code 459B.103 – Special terms
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1. Two or more dry bedded confinement feeding operations under common ownership or common management are deemed to be a single dry bedded confinement feeding operation if they are adjacent or utilize a common area or system for dry bedded manure disposal.
Terms Used In Iowa Code 459B.103
- Animal: means cattle or swine. See Iowa Code 459B.102
- Animal unit: means the same as defined in section 459. See Iowa Code 459B.102
- Animal unit capacity: means the maximum number of animal units which the owner or operator confines in a dry bedded confinement feeding operation at any one time. See Iowa Code 459B.102
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Child: includes child by adoption. See Iowa Code 4.1
- Confinement feeding operation: means the same as defined in section 459. See Iowa Code 459B.102
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- Dry bedded confinement feeding operation: means a confinement feeding operation in which animals are confined to areas which are totally roofed and in which all manure is stored as dry bedded manure. See Iowa Code 459B.102
- Dry bedded confinement feeding operation structure: means a dry bedded manure confinement feeding operation building or a dry bedded manure storage structure. See Iowa Code 459B.102
- Dry bedded manure: means manure from animals that meets all of the following requirements:a. See Iowa Code 459B.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
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- Manure: means the same as defined in section 459. See Iowa Code 459B.102
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
2. For purposes of determining whether two or more dry bedded confinement feeding operations are adjacent, all of the following shall apply:a. At least one dry bedded confinement feeding operation structure must be constructed on or after March 21, 1996.b. A dry bedded confinement feeding operation structure which is part of one dry bedded confinement feeding operation is separated by less than one thousand two hundred fifty feet from a dry bedded confinement feeding operation structure which is part of the other dry bedded confinement feeding operation.3. a. For purposes of determining whether two or more dry bedded confinement feeding operations are under common ownership, a person must hold an interest in each of the dry bedded confinement feeding operations as any of the following:(1) A sole proprietor.(2) A joint tenant or tenant in common.(3) A holder of a majority equity interest in a business association as defined in section 202B.102, including but not limited to as a shareholder, partner, member, or beneficiary.b. An interest in the dry bedded confinement feeding operation under paragraph “a”, subparagraph (2) or (3) which is held directly or indirectly by the person’s spouse or dependent child shall be attributed to the person.4. For purposes of determining whether two or more dry bedded confinement feeding operations are under common management, a person must have significant control of the management of the day-to-day operations of each of the dry bedded confinement feeding operations. Common management does not include control over a contract livestock facility by a contractor, as defined in section 202.1.5. In calculating the animal unit capacity of a dry bedded confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all dry bedded manure confinement feeding operation buildings that are used to house animals in the dry bedded confinement feeding operation.