§ 154.250 CONCENTRATED ANIMAL FEEDING OPERATIONS.

   (A)   General requirements. This section applies to any concentrated animal feeding operation (CAFO) constructed or used after the effective date of this section. Any facility shall be sufficiently separated from other land uses so as not to unreasonably interfere with or burden the enjoyment of other neighboring lands, consistent with the policy established under this chapter.

   (B)   Concentrated animal feeding operation permit requirements. Concentrated animal feeding operations are hereby classified as Class A concentrated animal feeding operations, which consist of any concentrated animal feeding operations containing 2,000 or more animal units as defined in these regulations, Class B concentrated animal feeding operations which consist of concentrated animal feeding operations between 1,000 and 1,999 animal units as defined in these regulations, Class C concentrated animal feeding operations which consist of concentrated animal feeding operations between 500 and 999 animal units as defined in these regulations, and Class D concentrated animal feeding operations which consist of concentrated animal feeding operations between 200 and 499 animal units, as defined in these regulations. Any person who owns, operates, or proposes to own or operate a Class A, Class B, or Class C concentrated animal feeding operation, as defined in these regulations, shall be required to apply for a conditional use permit pursuant to these regulations whenever any of the following occurs: a new concentrated animal feeding operation is proposed where one does not exist; when an expansion is proposed beyond what a current permit allows; when a signed complaint has been received or made by the County Planning Director or the state’s Department of Environment and Natural Resources and after inspection reveals that the concentrated animal feeding operation is in violation of county, federal, or state regulations; when a change in operation occurs as defined within these regulations; or when an existing CAFO is to be restocked after being idle for five or more years.

   (C)   Animal unit ratio for concentrated animal feeding operations.

Type of Animal	Class A Number of Animals	Class B Number of Animals	Class C Number of Animals	Class D Number of Animals
Beef cow, steer, feeder, dairy heifer or fat beef animal	2,000 or more	1,000 to 1,999	500 to 999	200 to 499
Ducks or geese	10,000 or more	5,000 to 9,999	2,500 to 4,999	1,000 to 2,499
Farrow-to-Finish (sows)	540 or more	270 to 539	135 to 269	54 to 134
Hens, cockerels, capons, broilers	60,606 or more	30,303 to 60,605	15,151 to 30,302	6,060 to 15,150
Horse	1,000 or more	500 to 999	250 to 499	100 to 249
Mature dairy cattle (milked or dry)	1,429 or more	714 to 1,428	357 to 713	143 to 356
Nursery swine under 55 pounds	20,000	10,000 to 19,999	5,000 to 9,999	2,000 to 4,999
Sheep	20,000 or more	10,000 to 19,999	5,000 to 9,999	2,000 to 4,999
Swine over 55 pounds	5,000 or more	2,500 to 4,999	1,250 to 2,499	500 to 1,249
Turkeys	111,111 or more	55,556 to 111,110	27,778 to 55,555	11,111 to 27,777

 

   (D)   Waste management plan.

      (1)   Any facility for which a conditional use permit (CUP) is required shall have a waste management plan (WMP). Waste application provisions can be found under division (E) below. The WMP shall be prepared with the assistance of an engineer, licensed in the state, or other qualified professional (at the applicant’s expense); be in writing; be approved as an adjunct to the CUP; and be updated or amended periodically to conform to facility operating conditions or requirements. In addition, an engineer that is licensed in the state shall approve and sign off on all building and waste storage facility plans associated with the concentrated animal feeding operation.

      (2)   Class A and B concentrated animal feeding operations, as defined by these regulations, shall be required to have the WMP reviewed and approved by the state’s Department of Environment and Natural Resources. Waste management plans for Class A, B, C, and D concentrated animal feeding operations may be reviewed periodically by the Planning Commission, if deemed necessary. The following minimum requirements (unless varied from or waived by the CUP) shall apply.

         (a)   Pest and odor control shall be maintained using conscientious methods, both as to the facility and the waste disposal site.

         (b)   Unless otherwise required by state or federal law, all waste shall be collected in self-contained, enclosed pits, and transport equipment conveying wastes to the disposal site shall be fully enclosed and structurally sound to prevent leakage or spillage.

         (c)   The legal description of all tillable agricultural lands where waste disposal is to be conducted. All waste produced from swine units must be knifed or injected. Waste produced by any other animal site may be either surface/irrigation applied or incorporated/injected.

         (d)   Written agreements with all owners of waste disposal sites (other than those of the facility owner) for the use of such land for waste disposal, with provision no such land shall be withdrawn from use without written notice to the Planning Commission. Contracts shall be for a minimum three-year time period.

         (e)   Waste disposal at all sites shall meet the following separation distance requirements:

Category	Surface or Irrigation Applied	Incorporated or Injected
Dwellings	300 feet (surface) 1,000 feet (irrigation)	300 feet
Lakes, rivers, and streams classified as fisheries	300 feet (lakes) 100 feet (river and stream)	100 feet (lake) 100 feet (river and stream)
Municipality or rural subdivision	1,000 feet	1,000 feet
Natural or human-made drainage ditch or canal	200 feet	50 feet
Private shallow wells	250 feet	250 feet
Public roads	25 feet (surface) from right-of-way 300 feet (irrigation)	10 feet from right-of-way
Public wells	1,000 feet	1,000 feet
Residence other than the operator	1,000 feet	600 feet
Stream and lakes classified as drinking water supplies	1,000 feet	300 feet

 

   (E)   Transportation of manure into the county. Any landowner within the A-l Agricultural District receiving and utilizing manure generated from a concentrated animal feeding operation not permitted by the county shall provide the county with a complete waste management plan, and shall comply with all provisions of § 154.250. Furthermore, the animal manure shall be applied to the land in a manner consistent with § 154.250.

   (F)   Minimum separation distances.

      (1)   The facility shall be sited not closer than those distances indicated in division (F)(2) below. These setbacks are minimum standards that may be increased by the Planning Commission during the conditional use permit issuance process due to concerns or circumstances unique to a specific concentrated animal feeding operation permit application. Setbacks shall be measured from the outermost point of the feedlot to the structure/use as identified in division (F)(2) below.

      (2)   If an applicant wishes to place a concentrated animal feeding operation closer than the separation distances set forth in these regulations, the applicant can request an exception for the separation distance from the Planning Commission. The Planning Commission may allow an exception from the separation distance only when the applicant obtains waivers from all the owners of property within the separation distance. Any authorized person, business, or governmental entity that is within the separation distance may waive the separation distance through a written instrument to be filed with the county’s Register of Deeds. This waiver would run with the land.

Setback Chart	Class A	Class B	Class C	Class D
100-year floodplain	Prohibited
Designated aquifer protection district	Prohibited, unless the applicant can show by appropriate soil borings that the site is appropriate.
Designated county or state parks	1.5 miles	1 mile	1 mile	0.5 mile
Dwellings (other than owner’s or operator’s), churches, schools, and businesses	3,960 feet	2,640 feet	1,320 feet	1,320 feet
Incorporated municipalities	2 miles	1.25 miles	1 mile	1 mile
Lake, rivers, and streams classified as fisheries	1 mile	1 mile	0.5 mile	0.5 mile
Private wells (other than owner’s or operators)	0.25 mile	0.25 mile	0.25 mile	0.25 mile
Public water supplies	1.5 miles	1 mile	1 mile	0.5 mile

 

      (3)   In addition to the separation distances set forth in division (F)(2) above, new concentrated animal feeding operations and new construction on existing concentrated animal feeding operations shall meet a 99% odor annoyance-free rating separation distance at the closest city limits line and rural residential zoning district, and a 97% odor annoyance-free rating separation distance for structures and dwellings that are not associated with the concentrated animal feeding operation, as determined by the SDOFT odor evaluation modeling as developed and modified by the South Dakota State University Department of Agriculture and Biosystems Engineering.

   (G)   Information required for the consideration of Class A, B and C concentrated animal feeding operation conditional use permits (CUP). Any applicant for a county conditional use permit for concentrated animal feeding operations shall provide the following information to the Planning Director prior to consideration by the Planning Commission:

      (1)   The owner’s, manager’s, management company’s, or similar entities’ name, address, and telephone number;

      (2)   Legal description of the site;

      (3)   The number and type of animals to be housed by the proposed concentrated animal feeding operation;

      (4)   A fly and odor control;

      (5)   Methods to be utilized for the disposal of dead animals;

      (6)   Information on ability to meet designated setback requirements, including maps showing measured distances;

      (7)   Plans and specifications of the proposed site and a nutrient management plan;

      (8)   Information on the types of soils at the site, and whether there are any shallow aquifers, designated wellhead protection areas, and/or 100-year floodplain designations at or within one- half mile of the proposed site;

      (9)   A map illustrating all land to be utilized for manure application;

      (10)   Site plan of all existing and proposed buildings and structures;

      (11)   Provide farm service agency wetland map;

      (12)   Test boring location and test boring results. The standards utilized by the state’s Department of Environment and Natural Resources for soil borings shall be followed. This item may be a condition of the conditional use permit; and

      (13)   The county’s Planning Commission or the Planning Director may request information reasonably related to a concentrated animal feeding operation not contained in these regulations.

   (H)   Special exception for livestock sales barn. A livestock sales barn, as a conditional use in the A-l Agricultural District, § 154.058(U), or other district where such use may be permitted, otherwise meeting the definition of a concentrated animal feeding operation in this chapter, covered or proposing to be covered by a general water pollution control permit for concentrated animal feeding operations to be issued by the state’s Department of Environment and Natural Resources (Pierre, South Dakota), and where animals intending to be sold by their owners through an agency on advertised or publicized sale dates, have been, are, or will be stabled or confined for periods of not more than 60 consecutive hours, including the date of sale, shall observe as a minimum separation distance the provisions of the setback chart for a Class C concentrated animal feeding operation, as established in division (F) above, without regard to whether the number of animals on hand at one or more points in time for purposes of sale are, in terms of animal unit ratios, greater, equal to, or lesser than the definition of a Class C concentrated animal feeding operation as provided in divisions (B) and (C) above.Nothing in this division (H) shall change, modify, or eliminate the otherwise applicable requirements of the waste management plan under division (D) above, including separation distances for waste disposal set forth therein.

   (I)   Minimum lot size.

      (1)   A lot size of no less than five acres is required for all Class C concentrated animal feeding operations.

      (2)   A lot size of no less than 20 acres is required for all Class A and Class B concentrated animal feeding operations.

   (J)   Municipality setbacks. Any new livestock operation or expansion of an existing livestock operation in excess of 100 animal units, up to a Class D Concentrated animal feeding operation, within one mile of a municipal border in an A-l Agricultural Zoned District, will require a conditional use permit.

(Ord. 0904-05, passed 5-20-2009; Ord. 1208-27, passed 8-28-2012; Ord. 1711-29, passed 11-14-2017; Ord. 1801-46, passed 1-23-2018; Ord. 1802-39, passed 2-27-2018; Ord. 1802-40, passed 2-27-2018; Ord. 1805-07, passed 5-1-2018)