(A) Intent.
(1) Adoption of this section is intended to comply with the County Comprehensive Plan, adopted in 1998 and as amended in 2005, wherein it was recommended that the county create regulations to protect potentially conflicting and neighboring land uses from undesirable impacts related to larger scale animal containment and feedlot operations while at the same time balancing the interests of agricultural producers by providing a mechanism by which agricultural uses are preserved and allows for reasonable expansion in such operations.
(2) It is not the intent of the county to regulate a typical farm/ranch operation. A typical FARM/RANCH OPERATION, as defined herein, is a cow/calf or yearling operation based on grazing of rangeland or tame grass pastures with supplemental feeding needed for five to seven months out of every year. This operation may require confinement of livestock in non-vegetated lots/open lots for calving and weaning operations for more than 45 days.
(3) An adequate supply of healthy livestock, poultry, and other animals is essential to the well-being of county citizens and the state. However, livestock, poultry, and other animals produce manure, which may, where improperly stored, transported, or disposed, negatively affect the county’s environment. Animal manure must be controlled where it may add to air, surface water, groundwater, or land pollution. The following regulations have been adopted to provide protection against pollution caused by manure from domesticated animals. All new and proposed expansions of concentrated feeding operations shall comply with the regulations as outlined herein.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL MANURE. Poultry, livestock, or other animal excreta or mixture of excreta with feed, bedding, or other materials.
ANIMAL UNIT. Number of animals necessary to obtain a weight of 1,000 pounds constitutes one ANIMAL UNIT.
APPLICANT. An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.
AQUIFER. A geologic formation, group of formations, or part of a formation capable of storing and yielding groundwater to wells or springs.
BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, manure disposal, manure application, waste or manure stockpiles, or drainage from raw material storage.
BYPASS. The intentional diversion of waste streams from any portion of a treatment facility.
COMMON OWNERSHIP. Single, corporate, cooperative, or other joint operation or venture.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). A lot, yard, corral, building, or other area where animals have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period, and where crops, vegetation, forage growth, or post harvest residues are not sustained over a portion of the lot or facility. Two or more animal feeding operations under common ownership are single animal operations if they adjoin each other, or if they use a common area, or if they use a common area or system for disposal of manure. A typical farm/ranch operation does not constitute a CAFO, see definition of a “typical farm/ranch operation”.
DOMESTIC ANIMAL. Any animal that, through long association with humans, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind. For the purpose of this section, the definition shall include, but is not limited to, animals commonly raised on farms and ranches such as cattle, horses, hogs, sheep, and mules.
EARTHEN MANURE STORAGE BASIN. An earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are removed at least once each year.
FEEDLOT OPERATOR. An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.
FORMED MANURE STORAGE STRUCTURE. A structure, either covered or uncovered, used to store manure from a confinement feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.
HOUSED LOT. Totally roofed buildings that may be open or completely enclosed on the sides. Animals are housed over solid concrete or dirt floors, slotted floors over pits or manure collection areas in pens, stalls, or cages. HOUSED LOT is synonymous with other industry terms such as slotted floor buildings.
HUMAN-MADE. A pipeline, ditch, drain, tile, terrace, irrigation system, machine, or other object that carries manure, wastewater, or runoff into waters of the state.
LETTER OF ASSURANCE. A list of conditions signed by the applicant for a permit acknowledging agreement to follow the conditions of the permit.
MANURE MANAGEMENT SYSTEM. Any piping, containment structures, and disposal appurtenances associated with the collection, storage, treatment, and disposal of manure or wastewater at a concentrated animal feeding operation.
NON-FARM DWELLING. Any occupied dwelling, which is not a farm dwelling.
NO-TILL CROPLAND. Land which is subject to a conservation farming practice: where the soil is left undisturbed from harvest to planting; where planting or drilling is done in a narrow seedbed or slot created by coulters, row cleaners, disk openers, or in-row chisel; and where this conservation practice has been ongoing for at least four consecutive years to establish the soil characteristics necessary to reduce or eliminate erosion from runoff.
OPEN LOT. Pens or similar confinement areas with dirt, or concrete (or paved or hard) surfaces. Animals are exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed type shade areas. OPEN LOT is synonymous with other industry terms such as pasture lot, dirt lot, or dry lot.
PROCESS GENERATED WASTEWATER. Water directly or indirectly used in the operation of an animal feeding operation. The term includes: spillage or overflow from watering systems; water and manure collected while washing, cleaning, or flushing pens, barns, manure pits, or other areas; water and manure collected during direct contact swimming, washing, or spray cooling of animals; and water used in dust control.
PROCESS WASTEWATER. Any process generated wastewater and any precipitation (rain or snow) that comes into contact with the animals, manure, litter, or bedding, feed, or other portions of the animal feeding operation. The term includes runoff from an open lot.
PRODUCER. The owner or operator of the concentrated livestock feeding operation.
SEDIMENT BASIN. A basin constructed to trap and store waterborne sediment and debris.
SIGNIFICANT CONTRIBUTOR OF POLLUTION. To determine if a feedlot meets this definition, the following factors are considered:
(a) Size of feeding operation and amount of manure reaching waters of the state;
(b) Location of the feeding operation in relation to waters of the state;
(c) Means of conveyance of manure and process wastewater into waters of the state; and
(d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal manure and process wastewater into waters of the state.
TYPICAL FARM/RANCH OPERATION. Involves a cow/calf or yearling operation or equivalent based on grazing of rangeland or tame grass pastures with supplemental feeding needed for five to seven months out of every year. This operation may require confinement of livestock in non-vegetated lots/open lots for calving and weaning operations for more than 45 days.
UNAUTHORIZED RELEASES. The discharge of water from the lower end of the treatment or containment system through a release structure or over or through retention dikes. An UNAUTHORIZED RELEASE is distinguished from a bypass in that a bypass discharges wastewater prior to any treatment or containment.
WATERS OF THE STATE. All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.
(C) Concentrated feeding operation conditional use permit requirements. Any person who owns, operates, or proposes to operate a CAFO, as defined within these regulations, shall be required to obtain a conditional use permit (CUP) whenever any of the following occur:
(1) When a new CAFO is proposed where one does not exist;
(2) When an expansion is proposed beyond what a current CUP is permitted for;
(3) When an existing CAFO is to be restocked after being idle for five or more years; and
(4) When a change in ownership or transfer of control.
(D) Animal units and number of animals to define types of permits. Animal feeding operations listed in the table below shall need a conditional use permit.
Type of Animal Feeding Operation1 |
Animal Numbers Equal to or Greater Than: | Animal Units |
Type of Animal Feeding Operation1 |
Animal Numbers Equal to or Greater Than: | Animal Units |
Cattle other than mature dairy cows2 (1,000 pounds) | 1,000 | 1.0 |
Chickens (regular waste handling) | 5,000 | 0.008 |
Dairy cows (mature - milked or dry) | 700 | 1.43 |
Ducks (regular waste handling) | 5,000 | 0.0333 |
Ducks (with liquid manure system) | 5,000 | 0.2 |
Geese | 5,000 | 0.0333 |
Horses | 500 | 2.0 |
Laying hens (regular waste handling) | 5,000 | 0.122 |
Laying hens or broilers (liquid manure system) | 5,000 | 0.0333 |
Sheep or lambs | 10,000 | 0.1 |
Swine (weighing less than 55 pounds) | 10,000 | 0.1 |
Swine (weighing more than 55 pounds) | 2,500 | 0.4 |
Turkeys | 5,000 | 0.0182 |
Veal calves | 1,000 | 0.2 |
Table notes: 1: Other animal types not listed in the table may be considered on a case by case basis. 2: Cattle includes, but is not limited to, heifers, steers, bulls, and cow/calf pairs. | ||
(E) Standards for review. Standards for review are as follows:
(1) Nutrient management plan shall be required to meet all State Department of Environment and Natural Resources regulations. Assistance on development of a nutrient management plan may be obtained from the State Department of Environment and Natural Resources and NRCS. The State Department of Environment and Natural Resources and the county encourage producers to develop a nutrient management plan for phosphorous;
(2) Concentrated animal feeding operations shall dispose of dead animals, waste, and wastewater in such a manner as to control odors and flies. A management plan is required for submission of a permit. The County Zoning Commission will review the need for control measures on a site specific basis, taking into consideration prevailing wind direction and topography. The following procedures to control flies and odors shall be considered in a management control plan:
(a) Methods to be utilized to dispose of dead animals shall be included in the management plan;
(b) Plant trees and shrubs to reduce wind movement of odors away from buildings, manure storage ponds, and/or lagoons;
(c) Provide adequate slope and drainage to remove surface water from pens and keep pen area dry so odor production is minimized;
(d) Store solid manure in containment areas having good drainage to minimize odor production; and
(e) Consider use of BMPs on open storage systems for liquid manure to control odor production.
(3) CAFOs shall adhere to the County Invasive Species Management Plan;
(4) The operator shall be responsible for any and all damage done to any roads, culverts, and/or bridges by the operation (i.e., delivery of feed, silage chopping, or manure disposal), and shall be required to reimburse the county for such damage;
(5) All standards set out in Chapter 19 of this zoning title;
(6) The County Commission may request information relating to a concentrated animal feeding operation not contained in these regulations;
(7) The County Commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which the County Commission considers necessary to protect the public health, safety, and welfare;
(8) When considering an application, the County Commission will take into consideration current and past violations relating to concentrated animal feeding operations that the applicant has an interest in;
(9) The permit holder shall provide and at all times maintain general liability insurance in the amount of at least $1,000,000. Proof of such insurance must be received prior to the permit carrier and must be provided annually during the operation of such CAFO. The insurance carrier shall be required to provide the county with notice of insurance and with a notice of cancellation or change in coverage. Failure to maintain such insurance shall be grounds for cancellation of the conditional use permit;
(10) Permit applicants will be required to file a letter of assurances as required by the County Commission. The letter of assurances will be prepared by the administrative official and signed by both the applicant and the administrative official;
(11) The permit holder shall notify the county in writing in the event of closure of the animal confinement operation; and
(12) Required setbacks for concentrated animal feeding operations are as follows in the table below:
Minimum Setbacks1 |
CAFO |
Minimum Setbacks1 |
CAFO |
100-year floodplain/designated aquifer | Prohibited |
Dwellings other than owner of facility (all animals, except swine) | 1,320’ |
Dwellings other than the owner of the facility (swine) | 10,560’ |
Federal, state, county, and township ROW | 150’ |
Municipal schools, business districts, cemeteries, and public use areas | 5,280’ |
Municipalities-incorporated and unincorporated | 5,280’ |
Private well2 | 150’ |
Private wells other than the owner of the property2 | 250’ |
Property line that defines a change of ownership boundary | 150’ |
Public water supply | 1,000’ |
Table notes: 1: An exception to the setback requirements may be granted to the extent an operator can demonstrate that deviation from them allows for the protection of neighboring land uses from the undesirable impacts of a CAFO. 2: If the well is at a higher elevation than the location of the proposed CAFO, no setbacks shall apply. If the well is at the same, or lower, elevation than the location of the proposed CAFO, all setbacks shall apply. | |
(F) Application process for a concentrated animal feeding operation conditional use permit. Application for a concentrated animal feeding operation conditional use permit shall be made in writing upon forms furnished by the County Planning Department. At a minimum, the following complete information shall be provided before an application is considered:
(1) Owner’s, manager’s, management company’s, or similar entity’s name, address, and telephone number;
(2) Legal description of site;
(3) The number and type of animals to be housed by the proposal;
(4) Fly and odor control plan;
(5) Methods to be utilized for the disposal of dead animals;
(6) A site plan including all existing and proposed buildings and the area to be used for the CAFO showing applicants ability to meet designated setback requirements;
(7) Nutrient management plan based on all State DENR regulations;
(8) Information on the types of soils, possible shallow aquifers, wellhead protection areas, and/or 100-year floodplain designation at or within one-half mile of the proposed site;
(9) Designated wetland areas, as identified by NRCS;
(10) Information on whether or not the applicant has ever violated a CAFO, CUP, or other permit in the county, other counties in the state, or the United States;
(11) Any other information deemed appropriate by the County Planning Department, the Planning and Zoning Board, or the County Commission;
(12) General permits from the State Department of Environment and Natural Resources if available for animal species;
(13) Notification of whoever maintains the access road (township, county, and state); and
(14) Notification of public water supply officials.
(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 6)