Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. As long as the established setbacks are achieved, the department may not require additional setback distances. Such distances from property lines or residences may be waived or reduced by written consent of the adjoining property owners. All animal facilities affected by these setback provisions must have an evergreen buffer between the facility and the affected residence as established by DHEC unless otherwise agreed to in writing by the adjoining landowners.
HISTORY: 2006 Act No. 290, Section 1, eff upon approval (became law without the Governor's signature on May 30, 2006); 2018 Act No. 139 (H.3929), Section 3, eff March 12, 2018.
Editor's Note
2018 Act No. 139, Section 4, provides as follows:
"SECTION 4. Nothing in this act shall be construed as affecting or applying to confined swine feeding operations."
Effect of Amendment
2018 Act No. 139, Section 3, in the second sentence, inserted "As long as the established setbacks are achieved," and substituted "the department may not require additional setback distances" for "The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation"; in the third sentence, inserted "from property lines or residences" and deleted ", or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43" following "adjoining property owners"; and in the fourth sentence, substituted "All animal facilities" for "All agricultural animal facilities" and "must have an evergreen buffer" for "must have a vegetative buffer".