(A) Livestock buildings, all types of manure storage areas, and manure stockpiles shall be constructed, operated, and maintained to minimize, within economical reason and industry standards, the aesthetic, health, odor, and pollution concerns.
(B) For the purpose of this section, when measuring from a road, the edge of the right-of-way line shall be considered the property line.
(C)
New feedlots.
(1) A setback of 200 feet shall apply to all new feedlots of ten animal units or more from rear, front, and side property lines.
(2) A setback of 1,000 feet shall apply to all feedlots of 30 animal units or more from residences, churches, schools, regional parks, cemeteries, non-agricultural commercial activities, and restaurants.
(a) A setback of 1,000 feet shall also apply to all new residences, churches, schools, regional parks, cemeteries, non-agricultural commercial activities, and restaurants from animal feedlots of 30 animal units or more.
(b) Owners and/or operators of a proposed feedlot, that also own the residences, churches, schools, regional parks, cemeteries, non-agricultural commercial activities, and restaurants, on the site, shall be exempt from the setback requirements set forth in this section. This exemption shall be reciprocal.
(D) Existing feedlots as of July 7, 2003.
(1) The modifications and/or expansions of existing animal feedlots, that are located within 200 feet of existing property lines, may be allowed if they do not further encroach on the established setback.
(2) The modification or expansion of existing animal feedlots that are located within 1,000 feet of residences, churches, schools, regional parks, cemeteries, non-agricultural commercial activities, and restaurants may be allowed if the modification and/or expansion does not further encroach on the established setback.
(a) This setback shall be reciprocal.
(b) Odor mitigation techniques as authorized in § 54.48 of this chapter may be required for feedlots seeking to expand or modify pursuant to this section.
(E) Feedlots established after July 7, 2003. Animal feedlots, consisting of fewer than 30 animal units, that are located within 1,000 feet of residences, churches, schools, regional parks, cemeteries, non-agricultural commercial and industrial activities, and restaurants shall not be allowed to expand to greater than 30 animal units.
(F) Residential lots and building sites that were approved by plat, minor subdivision, CUP, variance, or other similar action -- prior to May 1, 2000 -- shall be exempt from the 1000-foot setback requirement. The dwelling shall be located as far from the feedlot as reasonably practical, determined by the Department of Environmental Services in coordination with the Land Management Department.
(G) Manure stockpiles.
(1) No manure stockpile shall be permitted within 300 feet of residences, churches, schools, regional parks, cemeteries, non-agricultural commercial activities, and restaurants.
(2) No manure stockpile shall be permitted within 300 feet of flow distance and at least 50 feet horizontal distance, to waters of the state, rock outcroppings, open tile intakes and any uncultivated wetlands.
(3) No manure stockpile shall be permitted within 300 feet of flow distance to any road ditch that flows to the features identified in division (G)(2) or 50 feet of any road ditch where division (G)(1) does not apply.
(4) No manure stockpile shall be permitted within 100 feet of any private water supply or any unused and unsealed well and 200 feet from any private well that contains less than 50 feet of watertight casing and is not cased through a confining layer of at least ten feet thick.
(H) Wetlands.
(1) No new feedlot shall be permitted within 300 feet of an unprotected wetland Type 3-8 of one acre or more, as defined by the Circular 39 Wetland Classification System.
(2) Modifications or expansions to existing feedlots that are located within 300 feet of an unprotected wetland Type 3-8, of one acre or more, as defined by the Circular 39 Wetland Classification System, are allowed as long as the expansion does not further encroach any closer to the wetland or pose a pollution hazard.
(3) No new feedlots shall be permitted within 500 feet of any wetland designated as a special protection area.
(4) Modifications or expansions to existing feedlots that are located within 500 feet of any wetland designated as a special protection area are allowed as long as the expansion does not further encroach any closer to the wetland or pose a pollution hazard.
(I) Lakes.
(1) No new feedlot shall be permitted within 1,000 feet of the ordinary high water level of a lake.
(2) Modifications or expansions to existing feedlots that are located within 1,000 feet of a lake are allowed as long as the expansion does not further encroach any closer to the ordinary high water level of a lake.
(J) Rivers.
(1) No new feedlot shall be permitted within 300 feet of the ordinary high water level of a river.
(2) Modifications or expansions to existing feedlots that are located within 300 feet of a river are allowed as long as the expansion does not further encroach any closer to the ordinary high water level of a river.
(K) Streams and intermittent streams.
(1) No new feedlot shall be permitted within 300 feet of the ordinary high water level of a stream or intermittent stream.
(2) Modifications or expansions to existing feedlots that are located within 300 feet of a stream or intermittent stream are allowed as long as the expansion does not further encroach any closer to the ordinary high water level of a stream or intermittent stream.
(Ord. 49, passed 7-7-03; Am. Ord. 101-2022, passed 7-19-22)