§ 152.009  DEFINITIONS.
   (A)   For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows.
      (1)   The word “shall” is mandatory, and not discretionary; the word “may” is permissive; the word “person” shall include individuals, businesses and corporations.
      (2)   Words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural the singular.
      (3)   Words shall be given their common usage if not defined.
      (4)   The words “used for” shall include the phrases “arranged for”, “intended for”, “maintained for” and “occupied for”.
      (5)   The masculine gender shall include the feminine and neuter.
      (6)   The word “Board” includes the “County Commissioners”, the “Board of County Commissioners” or any other word or words meaning the “Wright County Board of Commissioners”.
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   AGENCY. The state’s Pollution Control Agency as established in M.S. Ch. 116, as it may be amended from time to time.
      (2)   ANIMAL MANURE. Poultry, livestock or other animal excreta or a mixture of excreta with feed, bedding or other materials.
      (3)   ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manures which has as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this chapter, the definition and units of measure contained in Minn. Rules part 7020.0300, subpart 5, shall apply.
      (4)   BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of a BLUFF):
         (a)   Part or all of the feature is located in a shoreland area;
         (b)   The slope rises at least 25 feet above the ordinary high water level of the water body;
         (c)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the  ordinary high water level averages 30% or greater; and
         (d)   The slope drains toward the water body.
      (5)   BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
      (6)   BOARD. The Wright County Board of Commissioners.
      (7)   BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate BUILDING.
      (8)   BUILDING, AGRICULTURAL. All buildings, other than dwellings, which are incidental to a farming operation.
      (9)   COMMISSIONER. The Commissioner of the state’s Pollution Agency whose duties are defined in M.S. § 116.03, as it may be amended from time to time.
      (10)   CONDITIONAL USE PERMIT. A permit specifically and individually granted with provisions by the Planning Commission after recommendations thereon pursuant to the provisions of Ch. 155 of this code of ordinances.
      (11)   CONSTRUCTION SHORT-FORM PERMIT. A permit giving permission for construction or expansion of a feedlot or manure storage area when there is not a pollution hazard.
      (12)   DOMESTIC FERTILIZER. An animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or animal manure that is used as compost, soil conditioners or specialized plant beds.
      (13)   DRAINAGE WAY. Any natural or artificial water course, including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, waterways, gullies, ravines or washes, in which waters flow in a definite direction or course, either continually or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or flood water.
      (14)   FAMILY. An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
      (15)   FAMILY, IMMEDIATE. Persons related by blood, marriage or certified legal instrument.
      (16)   FEEDLOT ADMINISTRATOR. A county employee appointed by the Board of Commissioners to administer the provisions of this chapter. This employee shall have the same duties and powers as a Feedlot Officer, as defined by Minn. State Rules Ch. 7020.
      (17)   FEEDLOT, ANIMAL. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered ANIMAL FEEDLOTS under these rules. Fish farms (aquaculture) shall be considered FEEDLOTS for the purposes of this chapter.
      (18)   FEEDLOT, (NEW) ANIMAL. An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of five years or more.
      (19)   FEEDLOT, OPERATOR. An individual, a corporation, a group of individuals, a partnership, joint venture, owner or any other business entity having charge or control of one or more animal feedlots, poultry lots or other animal lots.
      (20)   FEEDLOT PERMIT. A document issued by the agency or county which contains requirements, conditions and compliance schedules relating to the discharge of animal manure pollutants.
      (21)   FEEDLOT, RUNOFF. The movement of water from a feedlot, either in the form of rainfall, snow melt, or as water from a waterway, ditch, drainage way and the like passing over a feedlot, carrying particles of manure into a body of water or to a channelized flow environment and thereby constituting a potential pollution hazard.
      (22)   FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
      (23)   FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
      (24)   FLOOD FRINGE. The portion of the floodplain outside of the floodway.
      (25)   FLOODPLAIN. Any area contained within the Floodplain Overlay District, as defined by § 157.056 of this code of ordinances.
      (26)   HOLDING POND.
         (a)   A storage facility, usually earthen, where feedlot runoff and other diluted wastes are stored before final disposal.
         (b)   It is not designed for treatment of waste.
      (27)   IMMEDIATELY INCORPORATED. Manure or process wastewaters tilled into the soil within 24 hours of application and prior to rainfall.
      (28)   INTERIM PERMIT. A permit expiring no later than two years from the date of issuance, identifying the necessary corrective measures to abate potential pollution hazards.
      (29)   LAGOON, ANIMAL. An impoundment made by excavation of earth fill and/or construction of an earthen berm for the biological treatment of animal or other agricultural waste.
      (30)   MANURE STORAGE AREA. An area where animal manure or runoff containing animal manure is stored or placed until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site.
      (31)   NRCS. The Natural Resource Conservation Service of the USDA, a federal agency.
      (32)   OWNER. Any person having possession, control or title to an animal feedlot.
      (33)   PARCEL. The same as a LOT OF RECORD, as defined by Ch. 155 of this code of ordinances.
      (34)   PASTURES. Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetative ground cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.
      (35)   PERSON. Includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
      (36)   POTENTIAL POLLUTION HAZARD. A condition which indicates a potential for pollution of land and/or waters including, but not limited to:
         (a)   An animal feedlot or manure storage area whose construction or operation will allow a discharge of pollutants to surface water or ground water of the state in excess of applicable standards, including, but not limited to, Minn. Rules Ch. 7050, during a rainstorm event of less magnitude than the 25-year, 24-hour event or will violate any state or county rules or ordinances; or
         (b)   An animal feedlot or manure storage area located within shoreland area or floodplain.
      (37)   PROCESS WASTEWATERS. Waters and/or precipitation, including rain or snow, which comes into contact with manure, litter, bedding, or other raw material or intermediate or final material or product used in or resulting from the production of animals, poultry, or direct products, such as milk or eggs.
      (38)   SHORELAND. Any area contained within the Shoreland District under § 155.057 of this code of ordinances.
      (39)   SPECIAL PROTECTION AREA. Land within 300 feet of all:
         (a)   Protected waters and protected wetlands as identified on the Department of Natural Resources Protected Waters and Wetlands map for the county; and
         (b)   Intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams which are grassed waterways.
      (40)   SWCD. The Wright Soil and Water Conservation District.
      (41)   TRANSITION AREAS. Areas adjacent to cities where a combination of uses in an urban or near-urban environment is likely to develop over the long term, as designated in the county’s land use plan.
      (42)   USDA. United States Department of Agriculture.
      (43)   WATERS OF THE STATE. All streams, lakes, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portions thereof.
      (44)   WETLANDS. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).
(Ord. 06-02, passed 4-4-2006)