Eureka Township Dakota County
City Zoning Code
City Zoning Code
ARTICLE V
Commercial Agriculture
[Amended 6-14-2010 by Ord. No. 2010-1]
§ 240-34 Right to farm.
A.
Any person engaged in commercial agriculture within the Township of Eureka shall be permitted to conduct the activities thereof at any time during the day or night, including Saturdays, Sundays and holidays, and regardless of the noise, odors, dust, or other adverse influences created thereby.
B.
The conducting of commercial agriculture shall include the operation of all machinery, equipment and implements which are reasonably related thereto.
C.
Any person engaged in commercial agriculture shall have the right, within the confines of applicable state laws, to traverse Town roads with their machinery, equipment or other implements at any time.
D.
Any person engaged in commercial agriculture shall have the right to store and sell field crops, livestock products, and livestock which are harvested or raised by that person on land located either within the Township of Eureka or outside its boundaries.
[Added 5-8-2017 by Ord. No. 2017-02]
§ 240-35 Feedlots.
A.
Intent and purpose.
(1)
The production of farm animals and other agricultural products is an important part of the environment and economy of Dakota County and the Township of Eureka. Livestock, poultry, dairy products, and other agricultural commodities are produced in the Township of Eureka. The continued viability of the agricultural community and production of these products is essential to the economic well-being of the Township of Eureka and its residents.
(2)
It is the intent of this section to allow for the continued production of agricultural commodities and to maintain a healthy agricultural community while ensuring that animal feedlots and animal wastes are properly managed to protect the health of the public and maintain compatibility of land uses in the Township of Eureka.
B.
Minimum setbacks. The following setbacks shall apply to all animal feedlots and manure storage facilities:
(1)
Residence not owned by feedlot owner, family or employee:
Animal Units | Minimum Distance |
|---|---|
0 to 50 | 250 feet |
51 to 150 | 500 feet |
151 to 750 | 1,000 feet |
751 or more | 1/4 mile |
(2)
Public parks: 1/4 mile.
C.
Measurements. The separation distances established in this section shall be measured from the perimeter of the animal feedlot or animal waste storage facility to the nearest referenced boundary or the exterior wall of the principal structure containing the referenced use, whichever applies. In the event a use is not contained within a structure, an imaginary perimeter boundary shall be drawn around the referenced use, and measurements shall be taken from that perimeter boundary.
D.
Storage, transportation and utilization of animal manure. Shall be governed under the rules and regulations of Minnesota Rules Chapter 7020, or as may be recodified.
E.
Storage and disposal of manure and waste materials.
(1)
Lagoons. In an effort to control the effects of odors, control files, protect property values, and promote public safety, open lagoons for the storage of animal waste from feedlots are prohibited in the Township of Eureka.
(2)
Manure spreading. To reduce the impact of odors, liquid manure must be incorporated into the soil as soon as possible. Further, manure spread on the surface shall be incorporated within three days except in an emergency as determined by the Town Board.
(3)
Waste. Any use that results in the storage or disposal of materials or animal waste that results in discharge across neighboring property or into the subsoil in such concentration as to endanger the public or private health, safety, or comfort of the public or cause injury or damage to any persons, property, business or endeavors is prohibited.
(4)
Conditional use permits. Unless otherwise prohibited by state or federal law, any person desiring to conduct an activity, business or project in the Township of Eureka that must file an application with and secure approval from the Minnesota Pollution Control Agency or any federal agency, such as the Environmental Protection Agency, must also file an application for a conditional use permit as provided in § 240-31 and secure the approval for such activity, business or project from the Town Board. The Town Board will address land use issues, such as controlling potential odor, noise and flies, protecting property values, assuring public health and safety, and protecting Township roads.
F.
Other standards. Compliance with all other applicable local, state and federal standards shall be required, including state feedlot regulations (Minnesota Rules Chapter 7020 or as may be recodified) and shoreland development (M.S.A. § 103F.201).
