§ 459b-202

459B.202 Distance requirements. 1. Except as provided in subsection 3, the following shall apply: a. A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded confinement feeding operation structure shall not be constructed closer than one thousand feet from a wellhead, cistern of an agricultural drainage well, or known sinkhole. b. A dry bedded confinement feeding operation structure shall not be constructed if the dry bedded confinement feeding operation structure as constructed is closer than any of the following: (1) Two hundred feet away from a water source other than a major water source. (2) One thousand feet away from a major water source. (3) Two thousand five hundred feet away from a designated wetland. c. (1) A water source, other than a major water source, shall not be constructed, expanded, or diverted if the water source as constructed, expanded, or diverted is closer than two hundred feet away from a dry bedded confinement feeding operation structure.

all not be constructed, expanded, or diverted if the water source as constructed, expanded, or diverted is closer than two hundred feet away from a dry bedded confinement feeding operation structure. (2) A major water source shall not be constructed, expanded, or diverted if the major water source as constructed, expanded, or diverted is closer than one thousand feet from a dry bedded confinement feeding operation structure. (3) A designated wetland shall not be established if the designated wetland is closer than two thousand five hundred feet away from a dry bedded confinement feeding operation structure. 2. A dry bedded confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain. 3. A separation distance required in subsection 1 shall not apply to any of the following: a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2. b. A dry bedded confinement feeding operation structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier. 2009 Acts, ch 155, §10, 18