(A) The minimum requirements as to separation distances of the manure storage and/or total confinement area of an intensive livestock operation must be as follows.
(1) County-regulated intensive livestock operations:
(a) Property line. One hundred feet from any property line;
(b) Well. One hundred feet from any water well or other potable water source. An earthen lagoon shall not be placed closer than 200 feet to any water well that is or will be used for human consumption of the production of milk;
(c) Legal drain. Three hundred feet from a legal drain;
(d) Located tile. Seventy-five feet from a located tile;
(e) Residence. One thousand three hundred twenty feet from a residence;
(f) Public, education, and religious buildings. Three thousand feet from any public building, school, or church;
(g) Built up area. Three thousand feet from any built up area;
(h) Feeding floor and pit. If an open feeding floor and pit combination is proposed, 200 feet shall be added to the distances required in divisions (A)(1)(a), (A)(1)(b), (A)(1)(c), and (A)(1)(d) above; and
(i) Open earthen pit. If open earthen pits or other open pits are used, 500 feet shall be added to the distances required in divisions (A)(1)(a), (A)(1)(b), (A)(1)(c), (A)(1)(d), (A)(1)(e), (A)(1)(f), (A)(1)(g), and (A)(1)(h) above.
(2) State-regulated confined feeding operation licensed by the State Department of Environmental Management:
(a) Property line. One hundred feet from any property line;
(b) Well. One hundred feet from any water well. An earthen lagoon shall not be placed closer than 200 feet to any water well that is or will be used for human consumption or the production of milk;
(c) Residence. Eight hundred feet from a residence;
(d) Public building. One thousand feet from any public building (such as a church, school, or the like); and
(e) Built up area. One thousand feet from any built up area.
(B) All new residential, business, public, or recreational facilities shall be subject to the same separation distances from existing intensive livestock operations as are set forth above except that the same shall not apply with regard to a residence occupied by the permittee of the intensive livestock operation.
(Ord. 2019-02, passed 2-26-2019) Penalty, see § 112.99