This chapter shall be interpreted using the definitions provided in the Large CAFO Act, except for, in addition to, or as modified by the following:

(Ord. 2022-2, passed 2-1-2022)

   A CNMP is required for any CAFO which:

   (A)   Must include the following:

      (1)   The production area including the animal confinement, feed, and other raw materials storage areas, animal mortality facilities, and the manure handling containment or storage areas; and

      (2)   The land treatment area, including any land under control of the CAFO owner or operator, whether it is owned, rented, or leased, and to which manure or process wastewater is, or might be, applied for crop, hay, pasture production, or other uses.

      (3)   An explanation for prevailing winds and topography of the area.

   (B)   Meets the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) FOTG Section III quality criteria for water quality (nutrients, organics, and sediments in surface and groundwater) and soil erosion (sheet and rill, wind, ephemeral gully, classic gully, and irrigation induced natural resource concerns on the production area and land treatment area);

   (C)   Mitigates, if feasible, foul odors and harmful fumes that may be emitted and dangers to the quality of water sources that may result from practices identified in the CNMP or from existing on-farm areas/activities;

   (D)   Complies with applicable federal, state, tribal, and local laws, regulations, and permit requirements; and

   (E)   Satisfies the owner/operator's production objectives.

(Ord. 2022-2, passed 2-1-2022)

   (A)   A CAFO may be approved as a conditional use only in the established CAFO Overlay Zone within the unincorporated areas of the county.

   (B)   Applications for conditional use permits to operate CAFOs within in the established CAFO Overlay Zone shall satisfy the requirements and procedures established by this chapter, the county code, and state law.

   (C)   The county shall approve a CAFO conditional use permit application if said application satisfies all the requirements of this chapter, the county code, and state law.

(Ord. 2022-2, passed 2-1-2022)

   (A)   No CAFO shall be constructed within:

      (1)   Five miles (26,400 feet) of any municipal boundary;

      (2)   Two miles (10,560 feet) from any:

         (a)   Residential, Residential Estates or Forest Recreation Zone;

         (b)   Health care facility;

         (c)   Public area;

         (d)   Education institution;

         (e)   Religious institution; and

         (f)   Commercial enterprise; and

      (3)   One mile (5,280 feet) of any state highway or county Class A Road.

   (B)   Where the operation of a proposed CAFO is likely to emit foul odors sufficient to create a nuisance or release harmful fumes or presents an unusual danger to the quality of a water source, the applicant shall provide, prior to consideration by the County Planning Commission and in addition to all information and documentation required by the County CAFO conditional use application form, an overall development plan that includes a CNMP approved by the USDA.

   (C)   For the purposes of this chapter, multiple CAFO applications for the same or nearby parcels filed by the same or related individuals or entities shall not be accepted or approved unless filed as one comprehensive CAFO application that will be considered as one operation.

(Ord. 2022-2, passed 2-1-2022)

   This chapter, upon its adoption, shall establish a Cafo Overlay Zone within the unincorporated areas of Garfield County, Utah designating the only geographic areas where CAFOs may locate as required by the Large CAFO Act. The CAFO Overlay Zone is illustrated on a map that is available to the public that shows the approved geographic areas where CAFOs may locate within unincorporated areas of Garfield County, Utah if they meet the requirements of this chapter, the county code, and state law.

(See Appendix B.)

(Ord. 2022-2, passed 2-1-2022)

   State law and the county code shall govern the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of any approved nonconforming CAFO use and any approved noncomplying structure related to such use.

(Ord. 2022-2, passed 2-1-2022)

(Ord. 2022-2, passed 2-1-2022)

   Appeals from land use decisions made under this chapter shall be governed by the county code and state law.

(Ord. 2022-2, passed 2-1-2022)

   Any person who is found guilty of violating any part of this chapter, either by failing to do those acts required herein or by doing a prohibited act, is guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate violation. Nothing in this section is intended nor shall be construed as limiting the methods of enforcement available to the county under the county code or state law.

(Ord. 2022-2, passed 2-1-2022)

   The CNMP National Policy and Guidance Documents are attached as Appendix 1 to Ord. 2022-2.

(Ord. 2022-2, passed 2-1-2022)