657.11 Animal feeding operations. 1. The purpose of this section is to protect animal agricultural producers who manage their operations according to state and federal requirements from the costs of defendingnuisance suits, which negatively impact upon Iowa’s competitive economic position anddiscourage persons from entering into animal agricultural production. This section is intended to promote the expansion of animal agriculture in this state by protecting personsengaged in the care and feeding of animals. The general assembly has balanced all competing interests and declares its intent to protect and preserve animal agriculturalproduction operations. 2. An animal feeding operation, as defined in section 459.102, shall not be found to be a public or private nuisance under this chapter or under principles of common law, and theanimal feeding operation shall not be found to interfere with another person’s comfortableuse and enjoyment of the person’s life or property under any other cause of action. However,this section shall not apply if the person bringing the action proves that an injury to the personor damage to the person’s property is proximately caused by either of the er cause of action. However,this section shall not apply if the person bringing the action proves that an injury to the personor damage to the person’s property is proximately caused by either of the following: a. The failure to comply with a federal statute or regulation or a state statute or rule which applies to the animal feeding operation. b. Both of the following:(1) The animal feeding operation unreasonably and for substantial periods of time interferes with the person’s comfortable use and enjoyment of the person’s life or property. (2) The animal feeding operation failed to use existing prudent generally accepted management practices reasonable for the operation. 3. a. This section does not apply to a person during any period that the person is classified as a chronic violator under this subsection as to any confinement feedingoperation in which the person holds a controlling interest, as defined by rules adopted bythe department of natural resources. This section shall apply to the person on and after thedate that the person is removed from the classification of chronic violator. as defined by rules adopted bythe department of natural resources. This section shall apply to the person on and after thedate that the person is removed from the classification of chronic violator. For purposesof this subsection, 'confinement feeding operation' means an animal feeding operation inwhich animals are confined to areas which are totally roofed, and which are regulated bythe department of natural resources or the environmental protection commission. b. (1) A person shall be classified as a chronic violator if the person has committed three or more violations as described in this subsection prior to, on, or after July 1, 1996. In addition,in relation to each violation, the person must have been subject to either of the following: (a) The assessment of a civil penalty by the department or the commission in an amount equal to three thousand dollars or more. (b) A court order or judgment for a legal action brought by the attorney general after referral by the department or commission. (2) Each violation must have occurred within five years prior to the date of the latest violation, counting any violation committed by a confinement feeding operation in which theperson r commission. (2) Each violation must have occurred within five years prior to the date of the latest violation, counting any violation committed by a confinement feeding operation in which theperson holds a controlling interest. A violation occurs on the date the department issues anadministrative order to the person assessing a civil penalty of three thousand dollars or more,or on the date the department notifies a person in writing that the department will recommendthat the commission refer, or the commission refers the case to the attorney general for legalaction, or the date of entry of the court order or judgment, whichever occurs first. A violationunder this subsection shall not be counted if the civil penalty ultimately imposed is less thanthree thousand dollars, the department or commission does not refer the action to the attorneygeneral, the attorney general does not take legal action, or a court order or judgment is notentered against the person. A person shall be removed from the classification of chronicviolator on the date on which the person and all confinement feeding operations in which theperson holds a controlling interest have committed less than three emoved from the classification of chronicviolator on the date on which the person and all confinement feeding operations in which theperson holds a controlling interest have committed less than three violations described in thissubsection for the prior five years. c. For purposes of counting violations, a continuing and uninterrupted violation shall be considered as one violation. Different types of violations shall be counted as separateviolations regardless of whether the violations were committed during the same period.The violation must be a violation of a state statute, or a rule adopted by the department, Sat Dec 23 12:22:46 2023 Iowa Code 2024, Section 657.11 (19, 0) §657.11, NUISANCES 2 which applies to a confinement feeding operation and any related animal feeding operationstructure, including an anaerobic lagoon, earthen manure storage basin, formed manurestorage structure, or egg washwater storage structure; or any related pollution controldevice or practice. The structure, device, or practice must be part of the confinement feedingoperation. The violation must be one of the following: (1) Constructing or operating a related animal feeding operation structure or ucture, device, or practice must be part of the confinement feedingoperation. The violation must be one of the following: (1) Constructing or operating a related animal feeding operation structure or installing or using a related pollution control device or practice, for which the person must obtain a permit,in violation of statute or rules adopted by the department, including the terms or conditionsof the permit. (2) Intentionally making a false statement or misrepresenting information to the department as part of an application for a construction permit for the related animal feedingoperation structure, or the installation of the related pollution control device or practice, forwhich the person must obtain a construction permit from the department. (3) Failing to obtain a permit or approval by the department for a permit to construct or operate a confinement feeding operation or use a related animal feeding operation structureor pollution control device or practice, for which the person must obtain a permit from thedepartment. (4) Operating a confinement feeding operation, including a related animal feeding operation structure or pollution control device or practice, which he person must obtain a permit from thedepartment. (4) Operating a confinement feeding operation, including a related animal feeding operation structure or pollution control device or practice, which causes pollution to thewaters of the state, if the pollution was caused intentionally, or caused by a failure to takemeasures required to abate the pollution which resulted from an act of God. (5) Failing to submit a manure management plan as required, or operating a confinement feeding operation required to have a manure management plan without having submitted themanure management plan. 4. This section shall apply regardless of the established date of operation or expansion of the animal feeding operation. A defense against a cause of action provided in this sectionincludes but is not limited to a defense for actions arising out of the care and feeding ofanimals; the handling or transportation of animals; the treatment or disposal of manureresulting from animals; the transportation and application of animal manure; and thecreation of noise, odor, dust, or fumes arising from an animal feeding operation. 5. treatment or disposal of manureresulting from animals; the transportation and application of animal manure; and thecreation of noise, odor, dust, or fumes arising from an animal feeding operation. 5. If a court determines that a claim is frivolous, a person who brings the claim as part of a losing cause of action against a person who may raise a defense under this section shall beliable to the person against whom the action was brought for all costs and expenses incurredin the defense of the action. 6. This section does not apply to an injury to a person or damages to property caused by the animal feeding operation before May 21, 1998. 95 Acts, ch 195, §36; 96 Acts, ch 1118, §1; 98 Acts, ch 1209, §38, 39, 53; 99 Acts, ch 114, §58, 59; 2013 Acts, ch 30, §261; 2014 Acts, ch 1026, §132 Referred to in §266.43, 266.44, 266.45, 657.11A Sat Dec 23 12:22:46 2023 Iowa Code 2024, Section 657.11 (19, 0)
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