This section provides standards for the establishment and operation of animal feeding operations ("AFO"), including large concentrated animal feeding operations ("CAFO") which are those operations where animals are raised in confinement as described in the animal confinement table below. The County views these feeding operations as a distinctly different use from agricultural uses. In order to protect the general health, safety, and welfare of residents and visitors to Wasatch County, the purpose of this chapter is to provide for the orderly placement and regulation of AFOs and CAFOs in the county and to require compliance with all applicable federal and state environmental standards. Nothing in this chapter, or any action by the county pursuant to this chapter, shall release the applicant from compliance with other provisions of applicable local, state, and/or federal laws, permit requirements, rules, and/or regulations.

The provisions of this article are minimum standards, and any more restrictive standards required by county or other applicable local, state, and/or federal laws, rules, and/or regulations must be followed.

1. ANIMAL FEEDING OPERATION (AFO): A lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
   
2. ANIMAL UNIT: A unit of measurement for determining the capacity of any AFO. In general, an "animal unit" is intended to represent one thousand (1,000) pounds of live animal weight with such adjustments as necessary to address the treatment method and characteristics of the animal manure from a particular species. The animal unit value to be given to other species of animals may be established by County Ordinance. This is summarized in the following table:
   

C. ANIMAL CONFINEMENT AREA: The housing or confinement of animals and fowl within an area where at any time the animal density will meet or exceed the animal density identified for the particular species specified in the following table:

D. LARGE CONCENTRATED ANIMAL FEEDING OPERATION (CAFO): All CAFO's are AFOs. Any AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

1. 700 mature dairy cows, whether milked or dry:

2. 1,000 veal calves;

3. 1,000 cattle other than mature dairy cows or veal calves, with "cattle" including heifers, steers, bulls, and cow calf pairs;

4. 2,500 swine each weighing 55 pounds or more;

5. 10,000 swine each weighing less than 55 pounds;

6. 500 horses;

7. 10,000 sheep or lambs;

8. 55,000 turkeys; 30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

9. 125,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;

10. 82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

11. 30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or

12. 5,000 ducks, if the animal feeding operation uses a liquid manure handling system; or

13. 500 of any animal not otherwise specified herein.

Any person desiring to develop, construct, modify, operate, or establish an AFO in the county shall submit an application for a Conditional Use Permit in compliance with section 16.23.04. In addition to the requirements of the Conditional Use Permit application, an application for an AFO shall include the following:

1. A narrative description of the general operation including:
   1. The name of the person (or persons) or entity (or entities) that will be responsible for managing the AFO.
   2. The expected number of persons necessary to operate the AFO.
2. Context Map(s) indicating:
   1. The location and total size of all animal confinement areas and the maximum number of animal units proposed to be confined.
   2. The location of any incorporated municipalities, residential zones (any zone where any residential use can be permitted), health care facility, education institution, religious institution, public or private parks, publically accessible trails, publically owned lands, commercial enterprises, and subdivisions within three-thousand (3,000) feet of the proposed AFO.
   3. The location of all inhabited dwellings located closer than six hundred sixty feet (660') from any facilities that will constitute any part of the animal confinement, feed storage or processing, or manure handling facilities and lagoons.
   4. The location of any existing wells and the boundary of any public water system source protection zones located within three hundred feet (300') of the boundary of the land on which the AFO will be developed.
   5. Surface contours, soil depths and types, size and location of natural drainage points of the AFO site.
   6. Prevailing winds for the area.
3. Report from the County Water Board and plans for the development of any water systems that will serve the AFO, including an estimate of the total annual quantity of water to be used.
4. A road access plan showing the location of all public roads and highways within three-thousand (3,000) feet of the land upon which the AFO will be located and any existing or proposed roads for trucks and other regular vehicular traffic to and from the AFO. The road access plan shall also show that there is access on public roads and highways on roads of capacity sufficient to carry the traffic generated by the AFO to a state highway that will be used to access the prescribed route to the AFO. This plan shall be approved by the Utah Department of Transportation (UDOT), if applicable.
5. Dust mitigation plan for both construction and operation of the AFO.
   
6. The following plans, prepared by a NRCS certified planner:
   1. A mortality/dead animal disposal plan.
   2. Plans for controlling insects, rodents, and other undesirable animal species that may result from operation of the AFO.
   3. An odor management plan including written certification from the applicable regulatory agency that an odor management plan has been approved.
   4. A manure disposal plan including written certification from any applicable regulatory agency that a nutrient management plan has been approved.
   5. An animal waste system design plan for blood and other animal waste that meets all state and federal requirements and is approved by the responsible regulatory agency. If a waste system is not required, the applicant shall provide satisfactory proof of the lack of need for such a system.
7. Fiscal analysis indicating the estimated investment in the AFO if it is constructed as set forth in the proposal and the anticipated positive and negative economic impacts to the county.
8. Evidence that the following Utah state agencies have been notified either in writing, or have been furnished a copy of the land use application:
   1. Utah department of agriculture.
   2. Utah department of environmental quality, division of water quality.
   3. Utah department of environmental quality, division of air quality.
   4. Utah department of environmental quality, division of solid and hazardous waste.
   5. Utah department of environmental quality, division of drinking water if the AFO proposes to use a water system that would become regulated as a public drinking water system under Utah administrative code.
   6. Utah public health department if the AFO proposes to use a private wastewater treatment system.

No AFO shall be allowed, except on sites meeting the minimum criteria set out in this section. These standards are in addition to any other standards set forth in the Land Use and Development Code.

1. AFOs are only allowed if listed as a conditional use in a zone. AFOs of 10 or fewer animal units may occur without a conditional use approval in the A-20 and P-160 zoning districts.
2. All AFOs greater than 10 or more animal units shall be within the boundaries of teh AFO area on the AFO District Map.
3. The AFO shall comply with and not be in violation of any federal, state or local laws or regulatory requirements.
4. An applicant shall not begin construction of a new AFO prior to approval of the AFO conditional use permit.
5. No AFO shall be located within the source protection area of a public water system, and shall not infringe on the necessary source protection area of any private or public well.
6. All roads, streets, and other accesses providing access for vehicles to the AFO shall be sufficient for the type and volume of traffic necessary for operation of the AFO, or adequate provision shall be made to improve such roads, streets, and accesses as part of the AFO approval.
7. The AFO shall have sufficient lands for application of manure nutrients, unless the AFO will utilize other manure management systems such as systems providing nutrient reduction or processing of manure components. An approved comprehensive nutrient management plan (CNMP) shall be prepared by a NRCS certified planner for the AFO, and arrangements shall be made for the use of lands to be used as part of the CNMP.
8. All utility services must be sufficient for the AFO, or provision must be made for such utility services to be provided.
9. There must be an adequate water supply for the AFO, with sufficient water rights either by contract or by rights appurtenant to the AFO lands.
10. In addition to the setback requirements of the zoning district, all corrals, buildings or structures intended to house any livestock or any manure storage area, animal waste system associated with an AFO shall comply with the following minimum separation distances:
    1. No closer than three-thousand (3,000) feet from the property or boundary line of the nearest incorporated municipality, school, church, public park, publicly accessible trail, or platted subdivision.
    2. No closer than one hundred fifty feet (150') from the property line of the AFO facility.
    3. One hundred fifty feet (150') from the centerline of any road used by the public for general travel, except state and federal highways, for which the minimum separation distance shall be two hundred feet (200') from the centerline.
    4. At least six hundred sixty feet (660') from the nearest inhabitable dwelling, other than dwellings for the owner or employees of the AFO. The required minimum separation distance shall increase from six hundred sixty feet (660') at the rate of one thousand feet (1000') for each additional one hundred (100) Animal Units to a maximum of ten thousand (10,000) feet.
    5. No closer than six hundred and sixty feet (660') of an existing well unless grouting or other wellhead protection approved by the appropriate state of Utah agency has been implemented.
    6. The setbacks contained herein shall not apply to application of manure nutrients if part of an approved nutrient management plan.
    7. The setbacks contained herein are minimum distances and may be increased by the land use authority after other considerations such as prevailing winds, total number of animal units, topography, and existing or proposed vegetation have been considered.
11. All lights shall be dark sky compliant and shall be placed and shielded to direct the light source down and inside the property lines of the AFO. All direct glare from the AFO lights shall be contained within the AFO facility area.
12. Before the land use authority approves a conditional use application to establish and/or operate any AFO, the owner shall obtain all of the necessary permits and licenses, as required by the state of Utah. If the state of Utah permit, license, or approval cannot be obtained until a land use approval has been obtained, only then can the requirement be added as a condition to be fulfilled after the conditional use permit has been approved. It shall be the applicant's burden to prove that the state of Utah approvals cannot be obtained without first obtaining land use approval.
13. The County may request the applicant provide additional studies, to aid the land use authority in determining if additional conditions should be imposed as a condition of approval to mitigate adverse damage, hazard and nuisance effects.

1. Landscaping: The yard area adjacent to neighboring property lines or road rights-of-way and other developed areas shall be densely landscaped with a mix of evergreen and deciduous trees and bermed to visually screen the AFO. Additional landscaping shall be required to mitigate odors carried by wind toward developed areas.
2. Incompatible Uses: If any non-AFO, or incompatible land use locates within the required separation distances of any AFO as set forth herein, or if any such non-AFO locates within a separation distance which the AFO would be required to maintain if it were designed for a greater number of animal units, the non-AFO may not maintain an action for nuisance or to compel the county to enforce this section with respect to the AFO. Further, the separation distance requirements for AFOs set forth in this section shall be determined at the time of the AFO is permitted and shall not apply to other uses that encroach on the AFO after the AFO has been issued a valid land use permit.