459.202 Confinement feeding operations structures — separation distances. 
 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 January 1, 1999; and to the expansion of structures constructed prior to January 1, 1999. 
 b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution: 
 Minimum separation 
 distance in feet for 
 operations having 
 Minimum separation an animal weight Minimum separation 
 distance in feet for capacity of 625,000 distance in feet for 
 operations having or more pounds but operations having 
 an animal weight less than 1,250,000 an animal weight 
 capacity of less than pounds for animals capacity of 1,250,000 
 625,000 pounds for other than cattle, or more pounds for 
 animals other than or 1,600,000 or more animals other than 
 cattle, or less than pounds but less than cattle, or 4,000,000 
 1,600,000 pounds for 4,000,000 pounds for or more pounds for 
Type of structure cattle cattle cattle 
Anaerobic lagoon 1,250 1,8752,500 
Uncovered earthen 
 manure storage basin 1,250 1,8752,500 
Uncovered formed 
 manure storage 
 structure 1,000 1,5002,000 
Covered earthen 
 manure storage basin 750 1,0001,500 
Covered formed 
 manure storage 
 structure 750 1,0001,500 
Confinement building 750 1,0001,500 
Egg washwater 
 storage structure 750 1,0001,500 
 2. 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 January 1, 1999, but prior to March 1, 2003, and to the expansion of structures constructed on or after January 1, 1999, but prior to March 1, 2003. 
 b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational institution: 
 Minimum separation 
 distance in feet for 
 operations having 
 Minimum separation an animal weight Minimum separation 
 distance in feet for capacity of 625,000 distance in feet for 
 operations having or more pounds but operations having 
 an animal weight less than 1,250,000 an animal weight 
 capacity of less than pounds for animals capacity of 1,250,000 
 625,000 pounds for other than cattle, or more pounds for 
 animals other than or 1,600,000 or more animals other than 
 cattle, or less than pounds but less than cattle, or 4,000,000 
 1,600,000 pounds for 4,000,000 pounds for or more pounds for 
Type of structure cattle cattle cattle 
Anaerobic lagoon 1,250 1,8752,500 
 Uncovered earthen 
 manure storage basin 1,250 1,8752,500 
 Uncovered formed 
 manure storage 
 structure 1,250 1,5002,000 
 Covered earthen 
 manure storage 
 basin 1,000 1,2501,875 
 Covered formed 
 manure storage 
 structure 1,000 1,2501,875 
 Confinement building 1,000 1,2501,875 
 Egg washwater storage 
 structure 750 1,0001,500 
 3. a. Except as provided in 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 March 1, 2003; to the expansion of structures constructed on or after May 31, 1995, but prior to March 1, 2003; and to the expansion of structures constructed prior to May 31, 1995. 
 b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city: 
 Minimum separation 
 distance in feet for 
 operations having 
 Minimum separation an animal weight Minimum separation 
 distance in feet for capacity of 625,000 distance in feet for 
 operations having or more pounds but operations having 
 an animal weight less than 1,250,000 an animal weight 
 capacity of less than pounds for animals capacity of 1,250,000 
 625,000 pounds for other than cattle, or more pounds for 
 animals other than or 1,600,000 or more animals other than 
 cattle, or less than pounds but less than cattle, or 4,000,000 
 1,600,000 pounds for 4,000,000 pounds for or more pounds for 
 Type of structure cattle cattle cattle 
 
Confinement feeding 
 operation structure 1,250 1,8752,500 
 4. a. Except as provided in subsection 5 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003. 
 b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution: 
 For a confinement 
 For a confinement feeding operation For a confinement 
 feeding operation having an animal feeding operation 
 having an animal unit capacity of having an animal 
 unit capacity of 1,000 or more but unit capacity of 
 less than 1,000 less than 3,000 3,000 or more 
Type of structure animal units animal units animal units 
Anaerobic lagoon 1,875 2,5003,000 
 Uncovered earthen 
 manure storage basin 1,875 2,5003,000 
 Uncovered formed 
 manure storage 
 structure 1,500 2,0002,500 
 Covered earthen 
 manure storage basin 1,250 1,8752,375 
 Covered formed manure 
 storage structure 1,250 1,8752,375 
 Confinement building 1,250 1,8752,375 
 Egg washwater 
 storage structure 1,000 1,5002,000 
 5. a. Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003. 
 b. The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a public use area; or between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution, if the residence, commercial enterprise, religious institution, or educational institution is located within the corporate limits of a city: 
 For a confinement 
 For a confinement feeding operation For a confinement 
 feeding operation having an animal feeding operation 
 having an animal unit capacity of having an animal 
 unit capacity of 1,000 or more but unit capacity of 
 less than 1,000 less than 3,000 3,000 or more 
Type of structure animal units animal units animal units 
Confinement feeding 
 operation structure 1,875 2,5003,000 
 6. Except as provided in section 459.205, a confinement feeding operation structure shall not be constructed or expanded within one hundred feet from a public thoroughfare. 
95 Acts, ch 195, §16 
CS95, §455B.162 
98 Acts, ch 1209, §15 – 17, 53; 99 Acts, ch 114, §58, 59; 2002 Acts, ch 1137, §11 – 17, 67, 68, 71 
; 2002 Acts, 2nd Ex, ch 1003, §260, 262 
C2003, §459.202 
2013 Acts, ch 30, §104 – 108; 2021 Acts, ch 76, §117, 118 
Referred to in §459.203, 459.205, 459.207, 459.303, 459.304, 459.305, 654C.1 
For separation distance requirements established between an anaerobic lagoon or earthen waste slurry storage basin constructed or expanded within certain dates prior to May 31, 1995, and a residence not owned by the owner of the feeding operation, see §455B.134 
For prohibition against constructing or expanding an earthen storage structure within an agricultural drainage well area, see §460.205 
Subsection 1, paragraph b, unnumbered paragraph 1 amended 
Subsection 2, paragraph b, unnumbered paragraph 1 amended
Structure Iowa Code
Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT
Section 459.102 - Definitions.
Section 459.103 - General authority — commission and department.
Section 459.201 - Special terms.
Section 459.202 - Confinement feeding operations structures — separation distances.
Section 459.204 - Liquid manure application — separation distance.
Section 459.204A - Stockpiling dry manure.
Section 459.204B - Stockpiling dry manure — minimum separation distance requirements.
Section 459.205 - Separation distance requirements — exemptions.
Section 459.206 - Qualified confinement feeding operations — manure storage structures.
Section 459.207 - Animal feeding operations — airborne pollutants control.
Section 459.301 - Special terms.
Section 459.302 - Document processing requirements.
Section 459.303 - Confinement feeding operations — permit requirements.
Section 459.305 - Master matrix.
Section 459.306 - Construction design statement — formed manure storage structures.
Section 459.307 - Construction design standards — formed manure storage structures.
Section 459.308 - Unformed manure storage structures — construction standards — inspections.
Section 459.309 - Settled open feedlot effluent basins — construction design standards.
Section 459.310 - Distance requirements.
Section 459.311 - Minimum requirements for manure control.
Section 459.311A - Stockpiling dry manure.
Section 459.311C - Stockpiling dry manure on terrain other than karst terrain.
Section 459.311D - Stockpiling dry manure on karst terrain.
Section 459.311E - Stockpiling — required practices.
Section 459.312 - Manure management plan — requirements.
Section 459.312A - Election to be a small animal feeding operation.
Section 459.313 - Manure application — rules.
Section 459.313A - Application of manure on land — snow covered ground and frozen ground.
Section 459.314 - Application of manure near designated areas.
Section 459.314A - Licensure — commercial manure service.
Section 459.314B - Disciplinary action — commercial manure service.
Section 459.315 - Certification and education requirements.
Section 459.315A - Disciplinary action — commercial manure service representatives.
Section 459.317 - Habitual violators — pending actions — restrictions on construction.
Section 459.318 - Exception from regulation — research colleges.
Section 459.319 - Exception from regulation — stockpiling.
Section 459.400 - Compliance fees.
Section 459.401 - Animal agriculture compliance fund.
Section 459.402 - Animal agriculture compliance fees — delinquencies.
Section 459.403 - County assessment of fees prohibited.
Section 459.501 - Livestock remediation fund.
Section 459.502 - Indemnity fees required — construction permits.
Section 459.503 - Indemnity fee required — manure management plan.
Section 459.503A - Indemnity fee — waiver and reinstatement.
Section 459.504 - Use of fund for emergency cleanup.
Section 459.505 - Use of moneys by counties for cleanup.
Section 459.507 - No state obligation.
Section 459.508 - Departmental rules.
Section 459.601 - Animal feeding operations — investigations and enforcement actions.
Section 459.602 - Air quality violations — civil penalty.
Section 459.603 - Water quality violations — civil penalty.
Section 459.604 - Habitual violators — classification — penalties.