A. Findings. The City Council finds that:
1. The state of Minnesota requires environmental review by the Minnesota Pollution Control Agency of feedlots having more than one thousand (1,000) animal units or more than five hundred (500) animal units in shoreland or floodplain areas, as provided under Minn. Rules § 4410.4300, subpart 29a and 29b, as amended;
2. The City’s soils are vulnerable to rapid contamination and spread of pollutants through groundwater; the City’s dominant geographical characteristics are wetland and open water; and the City has a relatively high water table and is topographically level, so that there are very few large tracts where the water table is well below the soil surface;
3. Public wildlife space and public waters are a dominant land use; these uses and the wildlife they support contribute significantly to the City’s identity and quality of life;
4. The City is, and will continue to be, subject to pressure to urbanize through residential and commercial development;
5. Feedlots and other large-scale agriculture have historically not been an integral part of the City’s economy;
6. Odor is a natural and unavoidable by-product of feedlots, which has a potential for negative effects on the City’s residents and businesses, and which has the potential to negatively impact the City’s plans for land use and development;
7. The City is authorized to adopt land use controls to encourage and regulate the development of property, to mitigate potentially harmful effects on residents and businesses, to protect the public interest, and to promote the health, safety, and welfare of the community;
8. Because state law treats feedlots differently from other similar uses of land, it is appropriate and desirable to regulate the use of land by feedlots separately from other land uses that may be sources of odor.
B. Feedlot Administration. The Building Inspector shall administer the City feedlot permit program, including the following duties and powers:
1. Receive and forward applications for State-administered certificates of compliance and permits together with City recommendations and City-imposed conditions to the Minnesota Pollution Control Agency;
2. Oversee the inspection of feedlot operations to ensure compliance with the standards of this Ordinance;
3. Consult with County departments, State and Federal agencies, and private consultants as needed to discharge these duties.
C. Conditional Use Permits Required. A Conditional Use Permit shall be required for any person owning or operating a proposed or existing animal feedlot having ninety-nine (99) or more animal units if:
1. A new feedlot is proposed; or
2. A change in operation of an existing feedlot is proposed; a change in operation includes:
(a) An increase beyond the permitted maximum number of animal units. The total number of animal units within a feedlot shall be based upon the animal numbers currently within the feedlot plus the animal numbers that will be added through expansion; or
(b) An increase in the number of animal units which are confined at an unpermitted feedlot; or
(c) A change in the construction or operation of a feedlot that would affect the storage, handling, utilization, or disposal of animal manure; or
3. Ownership of an existing feedlot changes;
(a) A change in title to animals, animal buildings, or land constitutes a change in ownership; or
(b) Lessees operating on leased land shall be considered owners; or
4. A National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations; or
5. An inspection by MPCA staff or the City determines that the Feedlot creates or maintains a potential pollution hazard; or
6. A permit is required by the MPCA for land application of manure.
D. Permit application. A permit application shall include the following:
1. Owner’s and operator’s name and address;
2. Proposed location of the feedlot including quarter section, range, and city;
3. Animal types and maximum number of animals of each type which will be confined at the feedlot;
4. A sketch clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, wetlands, dry-runs, rock outcroppings, roads, private sewer systems, and wells within one thousand five hundred (1,500) feet of the proposed feedlot;
5. Descriptions of the geological conditions, soil types, groundwater elevations, topography, and drainage pattern of the site and surrounding area;
6. Plans for buildings and structures as required by this Ordinance or other County and State ordinances and regulations.
7. A Manure Utilization Plan including:
(a) Manure handling and application techniques;
(b) Acreage available for manure application;
(c) Run-off potential;
(d) Plans for proposed manure storage or pollution abatement structures;
(e) Plans for the proper disposal of dead livestock;
8. Leases or agreements allowing the applicant to dispose of manure on land other than his own.
E. Feedlot Acreage and Setback Requirements.
1. Minimum Area. A minimum area of twenty (20) acres or such greater area required to meet all setbacks set forth by the City Code shall be required for feedlot operations.
2. Additional Land. The Conditional Use Permit holder shall own or have sufficient additional land under contract to meet the manure utilization requirement for spreading of manure produced in his or her feedlot. The City shall retain copies of all written agreements between the feedlot operators and lessors or any person who permits land manure application and such agreement shall be a condition of the Conditional Use Permit. Each parcel of land subject to agreement shall be limited to one agreement per parcel for a term of not less than three years.
3. Building, Holding Basin, Lagoon, and Manure Storage Area Setbacks. Livestock buildings, manure holding basins, lagoons, and manure storage areas shall be constructed, operated, and maintained so as to minimize the aesthetic, health, and odor concerns associated with neighboring properties and land uses. The following setbacks shall apply:
(a) Property Lines
(i) Rear yard – 100 feet
(ii) Side yard – 100 feet
(iii) Front yard – 100 feet
(b) Neighboring Properties
(i) Residence – 1,200 feet. The modifications and/or expansion of existing animal feedlots located within 1,200 feet of an existing dwelling unit shall be allowed if they do not further encroach on the established setback or if a variance for the modification and/or expansion is applied for and approved.
No permits for a new dwelling unit shall be issued within 1,200 feet of an existing permitted animal feedlot unless the deed for the property clearly states and the owner of the property is informed via Certified Mail that the animal feedlot was in existence prior to the residential property and may continue to operate in accordance with the terms of this Ordinance.
No permits shall be issued for the construction and/or creation of a new feedlot that is located within 1,200 feet of an existing dwelling other than that of the feedlot owner.
(ii) Commercial or Industrial Activity: 1,200 feet
(iii) Surface water (Manure Storage Area): 2,400 feet
(iv) Public park: 2,400 feet
(v) Public or private drainage ditches: 200 feet
(vi) Church, synagogue, mosque, or other place of worship, with regularly scheduled services: 1,200 feet.
(vii) Cemetery: 1,200 feet
(viii) Minimum standards: The standards set above are minimum standards that may be increased by the City Council during the permit issuance process due to concerns or circumstances in a specific Conditional Use Permit application.
4. Wetland Setback. No new feedlot shall be permitted within two hundred (200) feet of a wetland as defined in Minnesota Rules Chapter 6120.2500.
5. Well Head Protection Areas. Feedlot and manure management practices may be further regulated within Well Head Protection Zones if such zones are established by the City Council.
6. Shoreland. New feedlots shall not be located within three hundred (300) feet of a watercourse or lake.
7. Prohibited locations of feedlots. No new feedlots shall be constructed within any 100 year floodplain.
F. Land Application of Manure. Land application of manure, including injection or any other subsurface application, shall conform to the Minnesota Statutes and Minnesota Pollution Control Agency (MPCA) Regulations. Applications to the Minnesota Pollution Control Agency for application of manure on land in the City of Columbus or from feedlots in the City of Columbus, shall be submitted to the City Building Inspector. The City Building Inspector shall forward the application and comments to the MPCA. The following additional local regulations on land application of manure shall apply:
1. Soil Loss in Shoreland Areas. Land application of manure shall not be allowed on soils within shoreland that exceed allowable soil loss as set by the National Resource Conservation Service of the USDA (NRCS) unless a conservation plan that will reduce soil loss to the allowable level is developed and is showing progress towards implementation within one (1) year of issuance of a Conditional Use Permit.
2. Slopes In Shoreland Areas. During the period of December 1 to March 31, manure shall not be applied to soils with a slope of greater than twelve (12) percent that are within three hundred (300) feet of a protected water.
3. Right-of-Way. Manure shall not be applied to the right-of-way of public roads.
4. Lakes. If no potential pollution hazard exists, a minimum distance of two hundred (200) feet shall be maintained between surface applications of manure and all lakes. In cases when manure is injected or immediately incorporated, the separation distance may be reduced to one hundred (100) feet.
5. Other Surface Waters. If no potential pollution hazard exists, a minimum distance of seventy-five (75) feet shall be maintained between surface applications of manure and all other surface waters of the City.
6. Drainage Ditches. If no potential pollution hazard exists, a minimum distance of one (1) rod or sixteen and one-half (16.5) feet shall be maintained between surface applications of manure and drainage ditches or grassed waterways unless classified as a wetland or protected water.
7. Private Wells. If no potential pollution hazard exists, a minimum distance of one hundred (100) feet shall be maintained between surface applications of manure and any private water supply well.
8. Public Wells. If no potential pollution hazard exists, a minimum distance of three hundred (300) feet shall be maintained between surface application of manure and any public water supply well.
9. Residences. Animal manure shall not be applied within one hundred (100) feet of a residence without injecting or immediate incorporation into the soil unless permission in the form of a written agreement is granted to spread closer by the residents. When determining the distance between a residence and manure application the distance shall be measured from the property lines to manure application.
10. Treatment or Disposal. Any manure not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable State rules.
11. Irrigation of Liquid Manure. The application of liquid manure by irrigation is prohibited unless a Liquid Manure Irrigation Plan for the feedlot has been submitted to and approved by the City Building Inspector. The Liquid Manure Irrigation Plan must contain a description of the specific irrigation process proposed, amounts and frequency of application, analysis of the nutrient content of the manure or a proposed sampling schedule for the manure, a description of the land to be used, and a description of the methods to be used to limit aesthetic and odor problems with neighbors. The Building Inspector shall provide the City Engineer with copies of Liquid Manure Irrigation Plans for review and comment before approval is given.
G. Manure Storage and Transportation.
1. Compliance with State and Local Standards. All animal manure shall be stored and transported in conformance with Minnesota Pollution Control Agency rules 7020 and this Ordinance.
2. Potential Pollution Hazard Prohibited. No manure storage area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or a permit has been issued by the MPCA.
3. Vehicles, Spreaders. All vehicles used to transport animal manure on public roads shall be leak-proof. Manure spreaders with end gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak-proof.
4. Utilization as Domestic Fertilizer. Animal manure, where utilized as domestic fertilizer, shall not be stored for longer than one (1) year.
5. Runoff Control Structures. All manure storage areas shall have runoff control structures to contain the liquid.
6. Storage Capacity. A Manure Utilization Plan specifying storage capacity adequate for the type and quantity of manure generated by the animal feedlot shall be developed as part of the Conditional Use Permit process.
7. Earthen Storage Basin. All proposed earthen storage basins shall be prepared or approved by an engineer licensed by the State of Minnesota or a qualified NRCS employee. A report from an engineer licensed by the State of Minnesota or a qualified NRCS employee verifying that the earthen storage basin was constructed according to the plan must be submitted to and approved by the Building Inspector prior to use of the basin for manure storage.
8. Engineer Required. Any plans for manure storage structures of five hundred thousand (500,000) gallons capacity or larger shall have been prepared or approved by an engineer licensed by the State of Minnesota or a qualified NRCS employee. A report from an engineer licensed by the State of Minnesota or a qualified NRCS employee must be submitted to and approved by Building Inspector prior to use of the structure for manure storage.
9. Steel Tanks. No steel tanks shall be used for underground manure storage.
H. Violations and Enforcement.
1. Violations. Any person, firm or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
2. Enforcement.
(a) Stop Work Orders. Whenever any work is being done contrary to the provisions of this Ordinance, the Building Inspector or City Council may order the work stopped by written notice personally served upon the owner or operator of the feedlot. All activities shall cease and desist until subsequent authorization to proceed is received from the Building Inspector.
(b) Revocation. Any person who fails to comply with the conditions set forth on the permit may be subject to revocation upon written notice personally served upon the permittee.
(c) Interference Prohibited. No person shall hinder or otherwise interfere with the Building Inspector in the performance of duties and responsibilities required pursuant to this Ordinance.
(d) Access to Premises. Upon the request of the Building Inspector and after reasonable notice, the applicant, permittee or any other person shall allow access at any reasonable time to the affected premises for the purposes of regulating and enforcing this Ordinance. Refusal to allow such reasonable access shall be deemed a separate and distinct offense, whether or not any other specific violations are cited.
(e) Injunctive Relief and Other Remedies. In the event of a violation of this Ordinance, the City Council may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate such violations. All costs incurred for corrective action may be recovered by the City in a civil action in any court of competent jurisdiction or, at the discretion of the City, the costs may be certified as a special tax against the real property. These and other remedies, as determined appropriate by the City, may be imposed upon the applicant, permittee, installer, or other responsible person either in addition to or separate from other enforcement actions.
(f) Abandonment. Owners and operators of feedlots shall have joint and severable liability for clean-up, closure or remediation of abandoned feedlot sites.
[§ 7A-816, formerly parts of § 7A 873-877, added by Ord. No. 99-6, effective December 3, 1999, and amended by Ord. No. 02-01, effective May 17, 2002,
[§ 7A-815, formerly 7A-816 amended (renumbered) by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-03, effective March 5, 2009; amended by Ord. No. 21-09, effective December 8, 2021; amended by Ord. No. 23-05, effective August 31, 2023.]