The following shall apply to confinement feeding operation structures:

1. 1. Minimum separation distance in feet for operations having Minimum separationan animal weightMinimum separation distance in feet forcapacity of 625,000distance in feet for operations havingor more pounds butoperations having an animal weightless than 1,250,000an animal weight capacity of less thanpounds for animalscapacity of 1,250,000 625,000 pounds forother than cattle,or more pounds for animals other thanor 1,600,000 or moreanimals other than cattle, or less thanpounds but less thancattle, or 4,000,000 1,600,000 pounds for 4,000,000 pounds for or more pounds for Type of structurecattlecattlecattle Anaerobic lagoon1,2501,8752,500 Uncovered earthen manure storage basin1,2501,8752,500 Uncovered formed manure storage structure1,0001,5002,000 Covered earthen manure storage basin 7501,0001,500 Covered formed manure storage structure 7501,0001,500 Confinement building 7501,0001,500 Egg washwater storage structure 7501,0001,500

   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.
   2. 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, a bona fide religious institution, or an educational institution:

2. 2. Minimum separation distance in feet for operations having Minimum separationan animal weightMinimum separation distance in feet forcapacity of 625,000distance in feet for operations havingor more pounds butoperations having an animal weightless than 1,250,000an animal weight capacity of less thanpounds for animalscapacity of 1,250,000 625,000 pounds forother than cattle,or more pounds for animals other thanor 1,600,000 or moreanimals other than cattle, or less thanpounds but less thancattle, or 4,000,000 1,600,000 pounds for4,000,000 pounds foror more pounds for Type of structurecattlecattlecattle Anaerobic lagoon1,2501,8752,500 Uncovered earthen manure storage basin1,2501,8752,500 Uncovered formed manure storage structure1,2501,5002,000 Covered earthen manure storage basin1,0001,2501,875 Covered formed manure storage structure1,0001,2501,875 Confinement building1,0001,2501,875 Egg washwater storage structure 7501,0001,500

   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 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.
   2. 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, a bona fide religious institution, or an educational institution:

3. 3. Minimum separation distance in feet for operations having Minimum separationan animal weightMinimum separation distance in feet forcapacity of 625,000distance in feet for operations havingor more pounds but operations having an animal weightless than 1,250,000an animal weight capacity of less than pounds for animalscapacity of 1,250,000 625,000 pounds forother than cattle,or more pounds for animals other thanor 1,600,000 or moreanimals other than cattle, or less thanpounds but less thancattle, or 4,000,000 1,600,000 pounds for 4,000,000 pounds foror more pounds for Type of structurecattlecattlecattle
   Confinement feeding operation structure1,2501,8752,500

   1. 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.
   2. 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:

4. 4. For a confinement For a confinementfeeding operationFor a confinement feeding operationhaving an animalfeeding operation having an animalunit capacity ofhaving an animal unit capacity of1,000 or more butunit capacity of less than 1,000less than 3,0003,000 or more Type of structureanimal unitsanimal unitsanimal units Anaerobic lagoon1,8752,5003,000 Uncovered earthen manure storage basin1,8752,5003,000 Uncovered formed manure storage structure1,5002,0002,500 Covered earthen manure storage basin1,2501,8752,375 Covered formed manure storage structure1,2501,8752,375 Confinement building1,2501,8752,375 Egg washwater storage structure1,0001,5002,000

   1. 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.
   2. 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:

5. 5. For a confinement For a confinementfeeding operationFor a confinement feeding operationhaving an animalfeeding operation having an animalunit capacity ofhaving an animal unit capacity of1,000 or more butunit capacity of less than 1,000less than 3,0003,000 or more Type of structureanimal unitsanimal unitsanimal units Confinement feeding operation structure1,8752,5003,000

   1. 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.
   2. 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:
6. 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.

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

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; 2021 Acts, ch 76, §117, 118

Referred to in §459.203, 459.205, 459.207, 459.303, 459.304, 459.305, 654C.1