2005 Idaho Code - 39-7904 — SITE APPROVAL REQUIRED -- SITE APPROVAL IS SUPPLEMENTAL -- LOCAL OPTION -- LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 79
                   LOCAL OPTION SWINE FACILITIES SITING ACT
    39-7904.  SITE APPROVAL REQUIRED -- SITE APPROVAL IS SUPPLEMENTAL -- LOCAL
OPTION -- LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION. (1) No person may
construct or expand a large swine facility regulated by this chapter without
first obtaining site approval from the director as provided in this chapter.
    (2)  The site approval required by this chapter for construction or
expansion of a large swine facility is required in addition to requirements of
any rules of the department. Further, the site approval required by this
chapter must be obtained in addition to any other license, permit or approval
required by law or rule.
    (3)  This chapter does not preempt the local regulation of swine
facilities. This chapter provides boards of county commissioners and governing
bodies of cities with an optional procedure for siting swine facilities. If
boards of county commissioners and governing bodies of cities do not exercise
their option to comply with this chapter, they are not subject to its
provisions and may exercise individual authority to accept, regulate or reject
swine facilities independently of this chapter.
    (4)  This chapter applies only if the board of county commissioners or
governing body of a city, whichever has jurisdiction over the site for a
proposed swine facility, chooses to comply with this chapter. If a board of
county commissioners or a governing body of a city with jurisdiction chooses
not to comply with this chapter, the department is not required to take any
action under this chapter.
    (5)  Boards of county commissioners and governing bodies of cities that
choose to comply with this chapter shall signify compliance by resolution or
ordinance communicated to the director in writing.
    (6) If a board of county commissioners or a governing body of a city
chooses to comply with this chapter, the department does not have to issue a
determination or notice of environmental suitability of facility location
pursuant to its rules for swine facilities, IDAPA 16.01.09.