2005 Idaho Code - 39-7907 — LOCATION GUIDELINES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 79
                   LOCAL OPTION SWINE FACILITIES SITING ACT
    39-7907.  LOCATION GUIDELINES. This section provides location guidelines
for swine facilities regulated by this chapter. Where the location guidelines
provide a specific setback distance, that distance is the minimum setback
distance that may be imposed. Further setback distances shall be imposed as
circumstances require.
    (1)  A swine facility regulated by this chapter shall not:
    (a)  Locate its closest waste facility within at least two (2) miles of
    any occupied residence not owned or leased by the owner or operator of the
    swine facility;
    (b)  Land apply liquid animal waste within at least one (1) mile of the
    nearest corner of an occupied residence not owned or leased by the owner
    or operator of the swine facility.
    (2)  The setback distances provided in subsection (1) of this section do
not apply if the affected property owner executes a written waiver with the
owner or operator of the swine facility, under terms and conditions that the
parties may negotiate. The written waiver is effective when recorded in the
offices of the recorder of deeds in the county in which the property is
located. The recorded waiver shall preclude enforcement of the setback
distances contained in subsection (1) of this section. A change in ownership
of the applicable property or change in ownership of the swine facility does
not affect the validity of the waiver.
    (3)  All distances between occupied residences and swine facilities shall
be measured from the closest corner of the walls of the occupied residence to
the closest point of the nearest waste structure or waste facility, as defined
by the director.
    (4)  No liquid animal waste may be land applied within at least one
hundred (100) feet of an existing public or private drinking water well.
    (5)  The minimum distance from a waste structure or waste facility to a
domestic well, public well or public water source shall be at least one (1)
mile.
    (6)  Further, swine facilities shall not be located:
    (a)  In areas designated by the United States fish and wildlife service or
    the Idaho department of fish and game as critical habitat for endangered
    or threatened species of plants, fish or wildlife;
    (b)  So as to be at variance with any locally adopted land use plan or
    zoning requirement unless otherwise provided by local law or ordinance. If
    no land use plan has been adopted by the local government which would have
    land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the
    recommendations of the panel approving a site shall contain an analysis of
    the requirements and guidelines provided in this chapter. The analysis
    shall be accompanied by findings and conclusions, entered by the local
    government with jurisdiction after the local government has held a public
    hearing in accord with section 67-6509, Idaho Code, that the public
    interest would be served by locating a swine facility on the site for
    which approval is sought;
    (c)  No nearer than one (1) mile to any local, state or national park, or
    land reserved or withdrawn for scenic or natural use; and
    (d) No nearer than two (2) miles to a school, church, hospital or
    community center.
    (7)  A swine facility active unit shall not be located:
    (a)  Within a one hundred (100) year flood plain;
    (b)  Within five hundred (500) feet upstream of a perennial stream or
    river;
    (c)  Within one thousand (1,000) feet of any perennial lake or pond;
    (d)  So as to cause any measurable impact on water quality limited
    streams;
    (e)  Within a wetland;
    (f)  Within two hundred (200) feet to the property line of adjacent land;
    (g)  Within two hundred (200) feet of a holocene fault or adjacent to
    geologic features which could compromise the structural integrity of a
    swine facility active unit unless the owner or operator demonstrates to
    the director that an alternative setback distance of less than two hundred
    (200) feet will prevent damage to the structural integrity of the swine
    facility unit and will be protective of human health and the environment.
    For the purposes of this subsection:
         (i)   "Fault" means a fracture or a zone of fractures in any material
         along  which strata on one (1) side have been displaced with respect
         to that on the other side;
         (ii)  "Displacement" means the relative movement of any two (2) sides
         of a fault measured in any direction;
         (iii) "Holocene" means the most recent epoch of the quaternary
         period, extending from the end of the pleistocene epoch to the
         present.
    (h)  Within seismic impact zones, unless the owner or operator
    demonstrates to the director that all swine facility active units and
    surface water control systems, are designed to resist the maximum
    horizontal acceleration in lithified earth material for the site. The
    owner or operator must place the demonstration in the operating record and
    notify the director that it has been placed in the operating record. For
    the purposes of this section:
         (i)   "Seismic impact zone" means an area with a ten percent (10%) or
         greater probability that the maximum horizontal acceleration in
         lithified earth material, expressed as a percentage of the earth's
         gravitational pull (g), will exceed one-tenth (0.10g) in two hundred
         fifty (250) years;
         (ii)  "Maximum horizontal acceleration in lithified earth material"
         means the maximum expected horizontal acceleration depicted on a
         seismic hazard map, with a ninety percent (90%) or greater
         probability that the acceleration will not be exceeded in two hundred
         fifty (250) years, or the maximum expected  horizontal acceleration
         based on a site-specific seismic risk assessment;
         (iii) "Lithified earth material" means all rock, including all
         naturally occurring and naturally formed aggregates or masses of
         minerals or small particles of older rock that formed by
         crystallization of magma or by induration of loose sediments. This
         term does not include man-made materials, such as fill, concrete and
         asphalt, or unconsolidated earth materials, soil, or regolith lying
         at or near the earth's surface.
    (i)  On any site whose natural state would be considered unstable in that
    its undisturbed character would not permit establishment of a swine
    facility without unduly threatening the integrity of the design due to
    inherent site instability;
    (j)  Where the integrity of the site would be compromised by the presence
    of ground water which would interfere with construction or operation of
    the active unit.