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

It is unlawful to commence operations for the drilling of a well for oil or gas or the production of metallic minerals or to commence operations to deepen any well to a different geological formation without first giving the director notice of intention to drill, and without firs…

The department shall determine market demand for each marketing district and regulate the amount of production as follows: 1. The department shall limit the production of oil and gas within each marketing district to that amount which can be produced without waste, and which does…

The department shall set spacing units as follows: 1. When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the department shall establish spacing units for a pool. Spacing units when established shall be of uniform size an…

1. When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of the spacing unit, then the owners and royalty owners of the tracts may pool their interests for the development and operation of the sp…

An agreement for the unit or cooperative development and operation of a field or pool, in connection with the conduct of a repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural…

This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act” . 2002 Acts, ch 1137, §68, 71 ; 2002 Acts, 2nd Ex, ch 1003, §260, 262

As used in this chapter , unless the context otherwise requires: 1. “Aerobic structure” means an animal feeding operation structure other than an egg washwater storage structure which employs bacterial action which is maintained by the utilization of air or oxygen and which inclu…

1. The commission shall establish by rule adopted pursuant to chapter 17A , requirements relating to the construction, including expansion, or operation of animal feeding operations, including related animal feeding operation structures. The requirements shall include but are not…

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 system for manure storage. For purposes of…

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…