459.202 Confinement feeding operations structures — separation distances.
The following shall apply to confinement feeding operation structures:
1. a. Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to January 1, 1999; and to the expansion of structures constructed prior to January 1, 1999.
b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution:
Minimum separation
distance in feet for
operations having
Minimum separation an animal weight Minimum separation
distance in feet for capacity of 625,000 distance in feet for
operations having or more pounds but operations having
an animal weight less than 1,250,000 an animal weight
capacity of less than pounds for animals capacity of 1,250,000
625,000 pounds for other than cattle, or more pounds for
animals other than or 1,600,000 or more animals other than
cattle, or less than pounds but less than cattle, or 4,000,000
1,600,000 pounds for 4,000,000 pounds for or more pounds for
Type of structure cattle cattle cattle
Anaerobic lagoon 1,250 1,8752,500
Uncovered earthen
manure storage basin 1,250 1,8752,500
Uncovered formed
manure storage
structure 1,000 1,5002,000
Covered earthen
manure storage basin 750 1,0001,500
Covered formed
manure storage
structure 750 1,0001,500
Confinement building 750 1,0001,500
Egg washwater
storage structure 750 1,0001,500
2. a. Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after January 1, 1999, but prior to March 1, 2003, and to the expansion of structures constructed on or after January 1, 1999, but prior to March 1, 2003.
b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution:
Minimum separation
distance in feet for
operations having
Minimum separation an animal weight Minimum separation
distance in feet for capacity of 625,000 distance in feet for
operations having or more pounds but operations having
an animal weight less than 1,250,000 an animal weight
capacity of less than pounds for animals capacity of 1,250,000
625,000 pounds for other than cattle, or more pounds for
animals other than or 1,600,000 or more animals other than
cattle, or less than pounds but less than cattle, or 4,000,000
1,600,000 pounds for 4,000,000 pounds for or more pounds for
Type of structure cattle cattle cattle
Anaerobic lagoon 1,250 1,8752,500
Uncovered earthen
manure storage basin 1,250 1,8752,500
Uncovered formed
manure storage
structure 1,250 1,5002,000
Covered earthen
manure storage
basin 1,000 1,2501,875
Covered formed
manure storage
structure 1,000 1,2501,875
Confinement building 1,000 1,2501,875
Egg washwater storage
structure 750 1,0001,500
3. a. Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to March 1, 2003; to the expansion of structures constructed on or after May 31, 1995, but prior to March 1, 2003; and to the expansion of structures constructed prior to May 31, 1995.
b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:
Minimum separation
distance in feet for
operations having
Minimum separation an animal weight Minimum separation
distance in feet for capacity of 625,000 distance in feet for
operations having or more pounds but operations having
an animal weight less than 1,250,000 an animal weight
capacity of less than pounds for animals capacity of 1,250,000
625,000 pounds for other than cattle, or more pounds for
animals other than or 1,600,000 or more animals other than
cattle, or less than pounds but less than cattle, or 4,000,000
1,600,000 pounds for 4,000,000 pounds for or more pounds for
Type of structure cattle cattle cattle
Confinement feeding
operation structure 1,250 1,8752,500
4. a. Except as provided in subsection 5 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.
b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution:
For a confinement
For a confinement feeding operation For a confinement
feeding operation having an animal feeding operation
having an animal unit capacity of having an animal
unit capacity of 1,000 or more but unit capacity of
less than 1,000 less than 3,000 3,000 or more
Type of structure animal units animal units animal units
Anaerobic lagoon 1,875 2,5003,000
Uncovered earthen
manure storage basin 1,875 2,5003,000
Uncovered formed
manure storage
structure 1,500 2,0002,500
Covered earthen
manure storage basin 1,250 1,8752,375
Covered formed manure
storage structure 1,250 1,8752,375
Confinement building 1,250 1,8752,375
Egg washwater
storage structure 1,000 1,5002,000
5. a. Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.
b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city:
For a confinement
For a confinement feeding operation For a confinement
feeding operation having an animal feeding operation
having an animal unit capacity of having an animal
unit capacity of 1,000 or more but unit capacity of
less than 1,000 less than 3,000 3,000 or more
Type of structure animal units animal units animal units
Confinement feeding
operation structure 1,875 2,5003,000
6. Except as provided in section 459.205, a confinement feeding operation structure shall not be constructed or expanded within one hundred feet from a public thoroughfare.
95 Acts, ch 195, §16
CS95, §455B.162
98 Acts, ch 1209, §15 – 17, 53; 99 Acts, ch 114, §58, 59; 2002 Acts, ch 1137, §11 – 17, 67, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.202
2013 Acts, ch 30, §104 – 108
Referred to in §459.203, 459.205, 459.207, 459.303, 459.304, 459.305, 654C.1
For separation distance requirements established between an anaerobic lagoon or earthen waste slurry storage basin constructed or expanded within certain dates prior to May 31, 1995, and a residence not owned by the owner of the feeding operation, see §455B.134
For prohibition against constructing or expanding an earthen storage structure within an agricultural drainage well area, see §460.205