A. Minimum area: Forty (40) acres.
B. Confined animal feeding operations (CAFO), shall be conducted so as to minimize the effects of light, glare, noise, vectors, pests, smoke, odor and dust upon adjacent properties and the surrounding transportation and circulation system.
C. The specific provisions of this section control when other portions of this code are inconsistent with provisions of this section. Any action by Bonner County pursuant to this section does not ensure that the applicant is in compliance with any other provisions of applicable local, state and/or federal laws, rules and/or regulations. The provisions of this section are minimum standards, and any more restrictive standards required by other applicable local, state and/or federal laws, rules and/or regulations must be complied with.
D. Any and all livestock operations are subject to the following requirements:
1. A waste distribution plan for all waste from a livestock operation. Discharge of waste from a property owned or controlled by any livestock operator is prohibited. This applies to any livestock operation, regardless of size or type. Animal waste products, including sprinkled waste, shall not leave the property of the operator, unless the operator has agreed with another party through a recorded agreement or easement to disperse animal waste products on that person's property. Liquid waste treatment lagoon, separators and holding ponds and such dispersal shall meet all local, state and federal guidelines.
2. Animal waste shall not be applied to frozen ground.
3. Animal waste may be surface applied not closer than three hundred feet (300') from any river, stream, lake, wetland or other bodies of water.
4. A comprehensive nutrient management plan, prepared by a certified nutrient management planner, which generally analyzes the effect of the proposed CAFO on surface and subsurface waters. The analysis shall also include and identify, at a minimum, the following: climatic, hydrogeologic and soil characteristics; watershed delineation; a map showing the location of all private and community domestic water wells, irrigation wells, existing monitoring wells and existing injection wells as documented by the Idaho department of water resources (IDWR), or other sources which are within a one mile radius of the proposed CAFO; the location of existing patterns of surface drainage; the depth to groundwater and a potentiometric map for the uppermost and regional aquifer; direction of water flows; estimates and sources of recharge to the uppermost aquifer; characterization of the relationship between the groundwater and adjacent surfaces waters; and a summary of local surface and subsurface water quality including microorganisms, nutrients and pharmaceuticals and organic compounds.
5. Odor management and vector and pest control plans which shall utilize current best management practices.
6. A waste system design for solid and liquid waste approved by the appropriate state agency regulating solid and liquid waste.
7. Water right information including one of the following: evidence that a valid water right exists to supply adequate water for the operation of the proposed CAFO; or a copy of an application for a permit to appropriate water that has been filed with IDWR, which if approved, will supply adequate water for operation of the proposed CAFO; or a copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with IDWR, which if approved, will supply adequate water for the operation of the proposed CAFO.
8. Waste storage on property not a part of the CAFO, i.e., leased or rented property, is required to follow setbacks stated in subsection E of this section.
E. Required setbacks for a CAFO:
1. All structures and animal confinement areas shall be a minimum of one hundred feet (100') from any public or private right of way or easement or lot line.
2. All potable water wells shall be a minimum of three hundred feet (300') from any liquid or solid waste storage facility and a minimum of fifty feet (50') from all animal confinement areas.
3. Animal confinement areas shall be one thousand feet (1,000') from any residence not associated with the CAFO if the residence is in existence or under construction at the time the CAFO application is filed. All CAFO corrals or feed yards shall be one thousand feet (1,000') away from the artificial or natural high water mark of any public body of water, canal, lateral or ditch, which might return to any public body of water.
4. Liquid waste treatment lagoons, separators, holding ponds, liquid and/or solid waste storage facilities shall be a minimum of fifty feet (50') away from the artificial or natural high water mark of any canal, lateral or ditch which might return to any public body of water, and three hundred feet (300') from any CAFO property line. Composting of animal waste shall be a minimum of one thousand feet (1,000') from any residence not associated with the CAFO. It shall be a minimum of fifty feet (50') from any highway district right of way and fifty feet (50') minimum from the water's edge of any canal, lateral or ditch, and fifty feet (50') from any adjoining neighbor's property line.
5. Animal confinement areas, liquid waste treatment lagoons, separators, liquid and/or solid waste storage facilities, and feed storage areas (excluding dry hay and straw storage), shall be a minimum of one thousand feet (1,000') from the boundary between the agricultural/forestry or rural zone district and any other zone district.
6. No animal confinement area, liquid waste treatment lagoon, holding pond, waste storage area or composting area shall be located within the boundary of a 100-year flood zone.
7. All distance requirements noted in subsections E1 through E6 of this section shall apply equally to new CAFO construction or new residence construction. For example, subsection E3 of this section requires animal confinement areas to be a minimum of one thousand feet (1,000') from existing residences. This requirement also means that new residences (construction begun after permit application for a CAFO) must be located a minimum of one thousand feet (1,000') from the animal confinement areas shown on the CAFO site plan as approved by Bonner County.
F. A stormwater management and erosion control plan shall be prepared and submitted concurrently with the application for conditional use permit pursuant to the requirements of subchapter 7.2 of this title.
G. Final approval of a CAFO shall reside with the board of county commissioners who shall hold at least one public hearing affording the public an opportunity to comment on each proposed CAFO site. Any "affected person", as defined by Idaho Code section 67-6520, may provide comment. The board may reject a site regardless of the approval or rejection of the site by a state agency.
H. Notice of public hearing to consider a CAFO application shall be made in accordance with Idaho Code section 67-6512, with the exception that notices shall be mailed to all property owners within one thousand feet (1,000') of the external boundaries of the land being considered.
I. Pastured animals are not considered to be a confined animal feeding operation and, therefore, they do not need a permit, nor are they regulated as to the number of animals that an owner can have on his property, except as otherwise specifically regulated by this title. "Pasture" is defined as land where crops, vegetation or forage growth are sustained in the normal growing season. (Ord. 501, 11-18-2008)