Setback distances; waiver

Any setback distances given in R. 61-43, Standards for the Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Environmental Services. As long as the established setbacks are achieved, the department may not require additional setback distances. Such distances from property lines or residences may be waived or reduced by written consent of the adjoining property owners. All animal facilities affected by these setback provisions must have an evergreen buffer between the facility and the affected residence as established by DES unless otherwise agreed to in writing by the adjoining landowners.