The purpose of this chapter is to provide consistent and standard regulations and requirements for the continued use, changes in use, or discontinued use of confined animal feeding operations pursuant to Idaho Code, §§ 67-6529B through 67-6529G.

(Ord. No. 72rr, § 9.1, 1-9-2017)

This chapter is authorized by Idaho Code, title 67, chapter 65 (Idaho Code, § 67-6501 et seq.) to regulate the siting of confined animal feeding operations (CAFOs) as defined in section 101.01.030.

(Ord. No. 72rr, § 9.2, 1-9-2017)

Any new CAFO or expanding CAFO that is located in the county shall require approval of a livestock siting permit. An applicant for a new CAFO or an expanding CAFO shall submit an application for a livestock siting permit to the board on an application form provided by the planning and building services department. The application form shall:

(1)

Be signed by the record owner of the property upon which the CAFO is operated and by the operator of the CAFO, if other than the record owner of the property;

(2)

Include documentation (i.e., a recorded deed) proving the current ownership of the property;

(3)

Include a detailed site plan at a scale of one inch equals 100 feet or larger or a site plan approved by the state department of agriculture;

(4)

Include a detailed narrative describing the proposed operation including the species of animal, the proposed maximum animal unit capacity, and all information related to water and water rights of the facility;

(5)

For expanding CAFOs, include a detailed narrative describing the historical operation including the date when the operation started, the maximum number of animal units at the facility, and the operation boundaries; and

(6)

Include documented proof of a nutrient and odor management plan and a wastewater and contaminate facility plan if required by the state department of agriculture.

(Ord. No. 72rr, § 9.3, 1-9-2017)

The board shall utilize the application review and public hearing procedure provided in chapter 110.48 and the applicant and affected persons shall have the appeal rights provided in chapter 110.48; provided, however, in addition to the requirements of chapter 110.48, notice of public hearings shall be mailed to the record owners of all properties within one mile of the exterior boundaries of the property for which the CAFO application is made and a map shall be prepared of all properties and dwellings within one mile of the CAFO.

(Ord. No. 72rr, § 9.4, 1-9-2017)

(a)

All new CAFOs or expanding CAFOs shall comply with the following standards:

(1)

CAFOs shall only be permitted in agricultural (A) and agricultural residential (AR) zones.

(2)

No portion of a CAFO, including the wastewater storage and containment facility, may be located within a floodplain as identified on the flood insurance rate maps published by the Federal Emergency Management Agency.

(b)

The following setbacks shall apply:

(1)

The location of wastewater storage and containment facilities, corrals, wells, and septic systems shall conform to all applicable rules, regulations and specifications as required by any regulatory agency;

(2)

Silage, potatoes or any feed product resulting from the ensilage process which is stored in the open air shall be located at least 300 feet from any existing residence not belonging to the owner or operator of the CAFO;

(3)

All agricultural buildings shall be setback a minimum of 75 feet, as is consistent with existing county code, from property lines and public rights-of-way;

(4)

Lights shall be placed and shielded to direct the light source down and inside the property lines of the CAFO;

(5)

The wastewater storage and containment facility shall not be located or operated closer than 300 feet from a residence not belonging to the owner or operator of the CAFO or be located and/or operated closer than 100 feet from property lines;

(6)

No wastewater storage and containment facility shall be located and/or operated closer than 100 feet from a domestic well; and

(7)

No wastewater storage and containment facility shall be located closer than 100 feet from a public right-of-way.

(c)

Exceptions to site setbacks. Certain parcels of land may not be conducive to setback requirements due to unique locations and demographics. The board shall have the discretion to grant applicants a variance to setback requirements if, because of special conditions, it will not be contrary to the public interest and a strict application of the provisions of this chapter would result in unnecessary hardship. A variance may be sought by the applicant at the time of filing for the livestock siting permit. Notwithstanding, if an applicant seeks a variance on a setback that includes wastewater storage and containment facilities, the facilities shall meet all state and federal regulations and be approved by the authorized regulatory agency.

(d)

The following agencies shall provide written approvals and confirmations for the CAFO to the county planning and building services department prior to issuance of building or other required permits:

(1)

The state department of agriculture shall approve any nutrient management and/or odor management plans as required by state law and applicable rules;

(2)

The state department of water resources shall confirm water rights; and

(3)

The U.S. Environmental Protection alley shall confirm approval of a National Pollutant Discharge Elimination System (NPDES) permit, if applicable.

(Ord. No. 72rr, § 9.5, 1-9-2017)

A livestock siting permit shall be void after one year from the date it is granted unless the applicant shall satisfy all conditions of approval and obtain a building permit or other required permit. The board may extend the approval period for a maximum of one year upon a written request of the applicant submitted prior to the livestock siting permit becoming void; provided, however, any such request must be considered at a public hearing pursuant to chapter 110.48.

(Ord. No. 72rr, § 9.6, 1-9-2017)

Existing CAFOs shall register with the county planning and building services department and be issued a livestock siting permit within one year of the adoption of this chapter. The registration form shall be provided by the planning and building services department. The purpose of the livestock siting permit issued under this subsection is not to enforce the provisions of this chapter on CAFOs legally existing (nonconforming) at the time of adoption of the ordinance from which this chapter is derived. Rather, the purpose is to establish the property boundaries and operating capacity of the facility based upon the historic maximum animal units or the maximum design capacity, whichever is greater. Any existing CAFO that has not obtained a livestock siting permit within the time permitted shall not be recognized as a legal or nonconforming use and shall not have vested rights that are transferable to a subsequent owner or operator.

(Ord. No. 72rr, § 9.7, 1-9-2017)