Title XI, NATURAL RESOURCES (Ch. 455 - 485)

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 Ja…

A confinement feeding operation constructed or expanded prior to the date that a distance requirement became effective under section 459.202 and which does not comply with the section’s distance requirement may continue to operate regardless of the distance requirement. The confi…

Except as provided in section 459.205 , a person shall not apply liquid manure from a confinement feeding operation on land located within seven hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institutio…

A person may stockpile dry manure so long as the person stockpiles the dry manure in compliance with restrictions applicable to stockpiling as provided in this subchapter and subchapter III . 2009 Acts, ch 38, §2, 16

Except as provided in section 459.205 , a person shall not stockpile dry manure within one thousand two hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a publi…

A separation distance requirement provided in this subchapter shall not apply to the following: 1. A confinement feeding operation structure, if the structure is part of a confinement feeding operation which qualifies as a small animal feeding operation. However, this subsection …

1. Except as provided in subsection 2 , a qualified confinement feeding operation storing manure in a manure storage structure shall only use a manure storage structure that employs bacterial action which is maintained by the utilization of air or oxygen, and which shall include …

1. As used in this section , unless the context otherwise requires: a. “Airborne pollutant” means hydrogen sulfide, ammonia, or odor. b. “Separated location” means a location or object from which a separation distance is required under section 459.202 or 459.204 , other than a pu…

For purposes of this subchapter , all of the following shall apply: 1. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common area or system for manure disposal. In add…

1. The department shall adopt and promulgate forms required to be completed in order to comply with this subchapter including forms for documents that the department shall make available on the internet. 2. a. The department shall provide for procedures for the receipt, filing, p…

1. The department shall approve or disapprove applications for permits for the construction, including the expansion, of confinement feeding operation structures, as provided by rules adopted pursuant to this chapter . The department’s decision to approve or disapprove a permit f…

1. a. The department shall deliver a copy or require the applicant to deliver a copy of the application for a permit to construct, including expanding, a confinement feeding operation structure pursuant to section 459.303 , including supporting documents, to the county board of s…

1. The department shall adopt rules for the development and use of a master matrix. The purpose of the master matrix is to provide a comprehensive assessment mechanism in order to produce a statistically verifiable basis for determining whether to approve or disapprove an applica…

1. a. Except as provided in paragraph “b” , a person shall not construct a formed manure storage structure, unless the person submits a construction design statement for filing with the department. b. The following persons are not required to submit a construction design statemen…

The department shall adopt rules establishing construction design standards for formed manure storage structures that are part of confinement feeding operations other than small animal feeding operations. However, the construction design standards shall apply to a formed manure s…

1. The department shall adopt rules requiring construction design standards for unformed manure storage structures required to be constructed pursuant to a construction permit issued pursuant to section 459.303 . 2. The construction design standards for unformed manure storage st…

1. Except as provided in subsections 3 and 4 , the following shall apply: a. A confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A confinement feeding operation structure s…

1. A confinement feeding operation shall retain all manure produced by the operation between periods of manure disposal. For purposes of this section , dry manure may be retained by stockpiling as provided in this subchapter . A confinement feeding operation shall not discharge m…

A person may stockpile dry manure so long as the person stockpiles the dry manure in compliance with restrictions applicable to stockpiling as provided in this subchapter and subchapter II . 2009 Acts, ch 38, §9, 16

1. A person shall not stockpile dry manure within the following distances from any of the following: a. A terrace tile inlet or surface tile inlet, two hundred feet. However, this paragraph does not apply to a person who stockpiles the dry manure in a manner that does not allow p…

A person stockpiling dry manure on terrain, other than karst terrain, for more than fifteen consecutive days shall comply with any of the following: 1. Stockpile dry manure using any of the following: a. A qualified stockpile structure. b. A qualified stockpile cover. However, th…

A person stockpiling dry manure on karst terrain shall comply with all of the following: 1. The person shall stockpile the dry manure at a location where there is a vertical separation distance of at least five feet between the bottom of the stockpile and the underlying limestone…

1. A person stockpiling dry manure shall comply with applicable requirements of the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 122 and 412 . 2. A person stockpiling dry ma…

1. The following persons shall submit a manure management plan, including an original manure management plan and an updated manure management plan, as required in this section to the department: a. The owner of a confinement feeding operation, other than a small animal feeding op…

1. A person otherwise required to submit an updated manure management plan as required in section 459.312 and pay an annual compliance fee as required in section 459.400 may make a small animal feeding operation election as provided in this section . 2. Upon the effective date of…

1. The department shall adopt rules governing the application of manure originating from an anaerobic lagoon or aerobic structure which is part of a confinement feeding operation. The rules shall establish application rates and practices to minimize groundwater or surface water p…

A person may apply manure originating from an animal feeding operation on snow covered ground or frozen ground, except to the extent otherwise provided by applicable requirements in this section , this chapter , or the national pollutant discharge elimination system pursuant to t…

1. The department shall adopt rules relating to the application of manure in close proximity to a designated area. 2. Except as otherwise provided in this subsection , a person shall not apply manure on land located within two hundred feet from a designated area, unless one of th…

A person shall not engage in the business of a commercial manure service unless the department issues the person a commercial manure service license under this section . 1. The department shall not issue a license to a commercial manure service unless each manager of the commerci…

The department may issue an order to suspend or revoke the license of a commercial manure service as provided in chapter 17A , including an order to immediately suspend or revoke the license pursuant to section 17A.18A . The department may suspend or revoke the license of a comme…

1. a. A person shall not act as a commercial manure service representative unless the person is certified pursuant to an educational program as provided in this section . b. A person shall not act as a confinement site manure applicator unless the person is certified pursuant to …

The department may issue an order to suspend or revoke the certification of a commercial manure service representative for a violation of this chapter . The department shall issue an order for the suspension or revocation of a certificate as provided in chapter 17A . The departme…

1. As used in this section , unless the context otherwise requires: a. “Habitual violator” means a person classified as a habitual violator pursuant to section 459.604 . b. “Operation of law” means a transfer by inheritance, devise or bequest, court order, dissolution decree, ord…

1. As used in this section , “research college” means an accredited public or private college or university, including but not limited to a university under the control of the state board of regents as provided in chapter 262 , or a community college under the jurisdiction of a b…

1. This subchapter shall not apply to a person who stockpiles dry manure if the stockpile’s dry manure originates from a confinement feeding operation that was constructed prior to January 1, 2006, unless the confinement feeding operation is expanded after that date. 2. Subsectio…

A person who exclusively confines fish as part of a confinement feeding operation may elect to comply with the permitting requirements of section 455B.183 in lieu of the permitting requirements of this subchapter . 2012 Acts, ch 1085, §3 Compliance with applicable national pollut…

1. The department shall establish, assess, and collect all of the following compliance fees: a. A construction permit application fee that is required to accompany an application submitted to the department for approval to construct a confinement feeding operation structure as pr…

1. An animal agriculture compliance fund is created in the state treasury under the control of the department. The compliance fund is separate from the general fund of the state. 2. The compliance fund is composed of three accounts: the general account, the assessment account, an…

If a fee imposed under this chapter for deposit into the animal agriculture compliance fund is delinquent, the department may charge interest on any amount of the fee that is delinquent. The rate of interest shall not be more than the current rate published in the Iowa administra…

A county shall not assess or collect a fee under this chapter for the regulation of animal agriculture, including but not limited to any fee related to the filing, consideration, or evaluation of an application for a construction permit pursuant to section 459.303 or the filing o…

1. A livestock remediation fund is created as a separate fund in the state treasury under the control of the department. The general fund of the state is not liable for claims presented against the fund. 2. The fund consists of moneys from indemnity fees remitted by permittees to…

1. An indemnity fee shall be assessed upon permittees which shall be paid to and collected by the department, prior to issuing a permit for the construction of a confinement feeding operation as provided in section 459.303 . The amount of the fees shall be based on the following:…

An indemnity fee shall be assessed upon persons required to submit an original manure management plan as provided in section 459.312 , but not required to obtain a construction permit pursuant to section 459.303 . A person required to submit a replacement original manure manageme…

The indemnity fee required under sections 459.502 and 459.503 shall be waived and the fee shall not be assessable or owing if, at the end of any three-month period, unobligated and unencumbered moneys in the livestock remediation fund, not counting the department’s estimate of th…

If the department provides cleanup of a condition caused by a confinement feeding operation as provided in section 459.506 , the department may use moneys in the fund for purposes of supporting the cleanup. The department shall reimburse the fund from moneys recovered by the depa…

1. A county that has acquired real estate containing a manure storage structure following nonpayment of taxes pursuant to section 446.19 may make a claim against the fund to pay cleanup costs incurred by the county as provided in section 459.506 . Each claim shall include a bid b…