(a)        A swine house or a lagoon that is a component of a swine farm shall be located:

(1)        At least 1,500 feet from any occupied residence.

(2)        At least 2,500 feet from any school; hospital; church; outdoor recreational facility; national park; State Park, as defined in N.C. Gen. Stat. § 143B-135.44; historic property acquired by the State pursuant to N.C. Gen. Stat. § 121-9 or listed in the North Carolina Register of Historic Places pursuant to N.C. Gen. Stat. § 121-4.1; or child care center, as defined in N.C. Gen. Stat. § 110-86, that is licensed under Article 7 of Chapter 110 of the N.C. Gen. Stat..

(3)        At least 500 feet from any property boundary.

(4)        At least 500 feet from any well supplying water to a public water system, as defined in N.C. Gen. Stat. § 130A-313

(5)        At least 500 feet from any other well that supplies water for human consumption. This subdivision does not apply to a well located on the same parcel or tract of land on which the swine house or lagoon is located and that supplies water only for use on that parcel or tract of land or for use on adjacent parcels or tracts of land all of which are under common ownership or control.

(a1)      The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 75 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal.

(a2)      No component of a liquid animal waste management system for which a permit is required under Part 1 or 1A of Article 21 of Chapter 143 of the N.C. Gen. Stat., other than a land application site, shall be constructed on land that is located within the 100-year floodplain.

(b)        A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds. ?(1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1; 2015-241, s. 14.30(mm).)

Terms Used In North Carolina General Statutes 106-803

  • Lagoon: means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter or other agricultural materials. See North Carolina General Statutes 106-802
  • Occupied residence: means a dwelling actually inhabited by a person on a continuous basis as exemplified by a person living in his or her home. See North Carolina General Statutes 106-802
  • Outdoor recreational facility: means any plot or tract of land on which there is located an outdoor swimming pool, tennis court, or golf course that is open to either the general public or to the members and guests of any organization having 50 or more members. See North Carolina General Statutes 106-802
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Swine farm: means a tract of land devoted to raising 250 or more animals of the porcine species. See North Carolina General Statutes 106-802
  • Swine house: means a building that shelters porcine animals on a continuous basis. See North Carolina General Statutes 106-802
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