A separation distance requirement as provided in Section 47-20-20(1) to (4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Deeds of the county in which the benefitted land is located. The filed waiver precludes enforcement by the State of Section 47-20-20(B)(1) to (4) as it relates to the animal feeding operation and to real property owned by another person.