459B.202 Distance requirements.
331 words·~2 min read·
/ia/chapter-459b-dry-bedded-confinement-feeding-operations/459b-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except as provided in subsection 3, the following shall apply:
a. A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded confinement feeding operation structure shall not be constructed closer than one thousand feet from a wellhead, cistern of an agricultural drainage well, or known sinkhole.
b. A dry bedded confinement feeding operation structure shall not be constructed if the dry bedded confinement feeding operation structure as constructed is closer than any of the following:
(1)Two hundred feet away from a water source other than a major water source.
(2)One thousand feet away from a major water source.
(3)Two thousand five hundred feet away from a designated wetland.
c.
(1)A water source, other than a major water source, shall not be constructed, expanded, or diverted if the water source as constructed, expanded, or diverted is closer than two hundred feet away from a dry bedded confinement feeding operation structure.
(2)A major water source shall not be constructed, expanded, or diverted if the major water source as constructed, expanded, or diverted is closer than one thousand feet from a dry bedded confinement feeding operation structure.
(3)A designated wetland shall not be established if the designated wetland is closer than two thousand five hundred feet away from a dry bedded confinement feeding operation structure.
2. A dry bedded confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain.
3. A separation distance required in subsection 1 shall not apply to any of the following:
a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2.
b. A dry bedded confinement feeding operation structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier.
2009 Acts, ch 155, §10, 18