A. Establishment: To establish an orderly procedure to regulate the placement, construction or expansion of a confined animal feeding operation (CAFO) within Bingham County. Bingham County does not have the resources or authority to enforce State or Federal environmental laws. However, it is the intent of the Board to require all CAFOs operating in Bingham County to obtain and be in compliance with all applicable Federal and State Environmental Standards, to be sited within approved zones, and to meet certain development standards. The Board also feels that it is appropriate to take advantage of all resources and assistance available from other government agencies in making CAFO permit decisions.
B. Compliance The specific provisions of this section control when other portions of this title are inconsistent with provisions of this section. Any action taken by Bingham County pursuant to this section does not ensure that the applicant is in compliance with any other provisions of applicable State, Federal or local laws, rules, and/or regulations.
C. General Requirements: CAFOs are subject to the following requirements:
1. A conditional use permit is required for all new CAFOs or the expansion of an existing CAFO that constitutes a significant change.
2. Zones allowing CAFOs are listed on the land use chart in this title.
3. A CAFO shall comply with and not be in violation of any Federal, State or other local laws, regulations, or guidelines.
4. Odor management and pest control shall meet and utilize the most current Idaho Department of Agriculture Best Management Practices.
5. Other applicable DEQ or EPA regulations.
D. Required Setbacks For New CAFO Or Expansion Of Existing CAFO:
Specific Location | Distance | From |
Specific Location | Distance | From |
Existing CAFO facility expansion | 300 feet | County road right-of-way |
300 feet | State road right-of-way | |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
Liquid waste separator, holding pond, treatment lagoon, storage facilities | 300 feet | State road right-of-way |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
Composting | 300 feet | County road right-of-way |
300 feet | State road right-of-way | |
1,000 feet | A residence not associated with the CAFO1 | |
50 feet | Water's edge of any canal, lateral, or ditch | |
100 feet | Live water (lakes, rivers, and/or streams) | |
300 feet | Well for potable water not associated with the CAFO | |
New CAFO facility | 1,000 feet | Residential/Agriculture Zone boundary |
1,000 feet | Residential Zone boundary | |
1,000 feet | Commercial Zone boundary | |
2 miles | All incorporated cities | |
Note:
1. New residences not associated with the CAFO shall meet the 1,000 foot setback or provide a recorded acknowledgement of potential CAFO nuisance conflicts.
(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)