1. Except as provided in subsection 3, the following shall apply:

 a. A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded confinement feeding operation structure shall not be constructed closer than one thousand feet from a wellhead, cistern of an agricultural drainage well, or known sinkhole.
 b. A dry bedded confinement feeding operation structure shall not be constructed if the dry bedded confinement feeding operation structure as constructed is closer than any of the following:

 (1) Two hundred feet away from a water source other than a major water source.
 (2) One thousand feet away from a major water source.
 (3) Two thousand five hundred feet away from a designated wetland.
 c. (1) A water source, other than a major water source, shall not be constructed, expanded, or diverted if the water source as constructed, expanded, or diverted is closer than two hundred feet away from a dry bedded confinement feeding operation structure.

 (2) A major water source shall not be constructed, expanded, or diverted if the major water source as constructed, expanded, or diverted is closer than one thousand feet from a dry bedded confinement feeding operation structure.
 (3) A designated wetland shall not be established if the designated wetland is closer than two thousand five hundred feet away from a dry bedded confinement feeding operation structure.

Terms Used In Iowa Code 459B.202

  • Confinement feeding operation: means the same as defined in section 459. See Iowa Code 459B.102
  • Department: means the department of natural resources. See Iowa Code 459B.102
  • Designated wetland: means the same as defined in section 459. See Iowa Code 459B.102
  • 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
  • Farm pond: means a body of water wholly on the lands of a single owner, or a group of joint owners, which does not have any connection with any public waters and which is less than ten surface acres. See Iowa Code 462A.2
  • 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
  • Major water source: means the same as defined in section 459. See Iowa Code 459B.102
  • One hundred year floodplain: means the same as defined in section 459. See Iowa Code 459B.102
  • Privately owned lake: means any lake, located within the boundaries of this state and not subject to federal control covering navigation owned by an individual, group of individuals, or a nonprofit corporation and which is not open to the use of the general public but is used exclusively by the owners and their personal guests. See Iowa Code 462A.2
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
  • Water source: means the same as defined in section 459. See Iowa Code 459B.102
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. A dry bedded confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain.
 3. A separation distance required in subsection 1 shall not apply to any of the following:

 a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2.
 b. A dry bedded confinement feeding operation structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier.
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