§ 20-21. Liquid swine waste management systems--Location
Oklahoma Statutes AnnotatedTitle 2. AgricultureEffective: November 1, 2022
Effective: November 1, 2022
2 Okl.St.Ann. § 20-21
§ 20-21. Liquid swine waste management systems--Location
A. Except as otherwise provided by Section 20-19 of this title and subsection I of this section, swine feeding operations using liquid swine waste management systems and housing swine in roof-covered structures shall not be located within the following applicable distances from an occupied residence:
1. | More than 4000 swine animal units | 2 miles; | |
2. | 2001 to 4000 swine animal units | 1 1/4 miles; | |
3. | 1001 to 2000 swine animal units | 3/4 mile; | |
4. | 601 to 1000 swine animal units | 1/2 mile; | |
5. | 300 to 600 swine animal units | 1/4 mile; and | |
6. | Less than 300 swine animal units | no setback. |
B. Except as otherwise provided by Section 20-19 of this title and subsection I of this section, new swine feeding operations established on or after November 1, 2011, using liquid swine waste management systems and housing swine in roof-covered structures shall not be located within three (3) miles from the outside boundary of any area or facility with an average annual registered attendance of not less than two thousand (2,000) people and owned or operated as a camp or recreational site by a nonprofit organization established prior to application of the swine feeding operation.
C. Except as otherwise provided by Section 20-19 of this title and subsection I of this section, new swine feeding operations established on or after November 1, 2011, using liquid swine waste management systems and housing swine in roof-covered structures shall not be located within one (1) mile from the outside boundary of any area or facility with an average annual registered attendance of less than two thousand (2,000) people and owned or operated as a camp or recreational site by a nonprofit organization established prior to application of the swine feeding operation.
D. Except as otherwise provided by this section, no licensed managed feeding operation which applies for a new or expanding concentrated swine feeding operation license shall be located within three (3) miles of the outside boundary of any area or facility owned or operated as a camp or recreational site by a nonprofit organization established prior to application of the concentrated swine feeding operation.
F. The setback requirements contained in subsections A, B, C or D of this section shall not apply to any property owner who executes a written waiver with the owner or operator of the swine feeding operation, under such terms and conditions as are agreed to by the parties. The written waiver shall be effective upon recording of the waiver in the office of the county clerk in the county in which the property is located. The filed waiver shall preclude enforcement of the setback requirements of subsection A, B, C or D of this section with regard to property described in the waiver and owned by the person executing the waiver. A change in ownership of the applicable property or change in ownership of the property on which the swine feeding operation is located shall not affect the validity of the waiver.
H. All distances between occupied residences and swine feeding operations shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the Oklahoma Department of Agriculture, Food, and Forestry. The property boundary line of the real property is not used unless it coincides with the closest point of the waste facility or occupied residence.
I. The provisions of this section shall not apply to any swine feeding operation which has been licensed by or which had submitted an application to the Department on or prior to March 9, 1998. In addition, the provisions of this section shall not apply to any swine feeding operation with a capacity of 2000 swine animal units or less which was established prior to June 1, 1998.
Credits
Laws 1998, c. 404, § 16, emerg. eff. June 10, 1998. Renumbered from Title 2, § 9-210.3 by Laws 2005, c. 292, § 25, eff. July 1, 2005. Laws 2007, c. 31, § 21, eff. Nov. 1, 2007; Laws 2011, c. 215, § 2, eff. Nov. 1, 2011; Laws 2022, c. 185, § 2, eff. Nov. 1, 2022.
2 Okl. St. Ann. § 20-21, OK ST T. 2 § 20-21
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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