The purpose of this chapter is to ensure that new and existing confined animal feeding operations are appropriately sited in the county and protected, and to protect the county's natural resources. (Ord. 56, 3-14-2005)

AFFECTED PERSON: A person or legal entity owning property or residing within one and one-half (11/2) miles of an existing or proposed CAFO, or a resident or real property owner, both public and private, of the county who will be affected in his health, safety, or property rights by the CAFO. "Affected person" shall also include the county acting by and through the administrator, the commission or the board.

ANIMAL TYPES/EQUIVALENCY FACTOR:

      Equivalency Factor

 

ANIMAL UNITS: To calculate the number of animal units, multiply the number of animals in the CAFO by the animal equivalency factor.

ANIMAL WASTE: Animal excrement, process wastewater, or other organic waste associated with the confinement of animals.

ANIMAL WASTE MANAGEMENT SYSTEM: Any structure or system that provides for the collection, treatment, storage or utilization of animal waste, which system is approved by the appropriate state agency.

APPLICANT: Any person or legal entity initiating an application for any action or provision authorized under this chapter.

CAFO (CONFINED ANIMAL FEEDING OPERATION):

   A.   Outside Priority Nitrate Area Of Concern:

      1. A parcel or parcels of land, or the use of a parcel or parcels of land, for ninety (90) days or more in a twelve (12) month period, which land does not sustain cultivated crops, native forage growth, or postharvest residues in the normal growing season, upon which there are five hundred (500) or more animal units; or

      2. Any facility with a milk shipping permit; or

      3. Any facility with an animal waste management system approved by the appropriate state or federal agency having jurisdiction.

   B.   In A Priority Nitrate Area Of Concern: A parcel or parcels of land, or the use of a parcel or parcels of land, for ninety (90) days or more in a twelve (12) month period, which land does not sustain cultivated crops, native forage growth, or postharvest residues in the normal growing season, upon which there are fifty (50) or more animal units.

   C.   Land Application Sites: Land application sites are not considered to be part of the CAFO.

CAFO IMPROVEMENT: Improvements to the CAFO real property such as, but not limited to, buildings, barns, feed stalls, feeding yards, corrals, feed containment structures or areas, or the animal waste management system, and truck or motor vehicle parking areas. "CAFO improvements" do not include ditches or irrigation systems used to transport or apply liquid waste.

CAFO SITE ADVISORY TEAM: Team authorized by Idaho Code sections 67-6529C and 67-6529G consisting of representatives from the Idaho state department of agriculture, Idaho department of environmental quality, and Idaho department of water resources that, upon request by the board of county commissioners, reviews a site and provides information regarding a proposed CAFO and submits a site suitability determination for the CAFO to the county.

EXISTING CAFO FACILITY: A CAFO facility of which the planning and zoning commission has accepted the registration notice and has recorded it with the county recorder.

IDAPA: Idaho administrative procedures act.

IDEQ: Idaho department of environmental quality.

ISDA: Idaho state department of agriculture.

NRCS: Natural resources conservation service of the United States department of agriculture.

NUTRIENT MANAGEMENT PLAN: A plan prepared in compliance with federal or state regulations, whichever is more restrictive, and approved by the responsible state or federal agency for managing the amount, source, placement, form and timing of the application of nutrients and soil amendments on land owned or controlled by the registrant or permit holder.

NUTRIENT MANAGEMENT STANDARD: The USDA/NRCS code 590, or the Idaho agriculture pollution abatement plan-nutrient management standard component practice.

ONE TIME ANIMAL UNIT CAPACITY: The maximum number of animal units allowed or to be allowed at the CAFO at any specific moment in time.

PRIORITY NITRATE AREA OF CONCERN: An area of a nitrate contaminated aquifer, as determined by the DEQ, which is illustrated on that map on file in the office of the Washington County planning and zoning administrator.

PROCESS WASTEWATER: Any water generated on a CAFO that comes into contact with manure, compost, bedding, feed, or runoff.

REGISTRANT: Owner or operator of a CAFO in existence at the effective date hereof, who registers with the office of the administrator and provides the information required under this chapter.

REGISTRATION NOTICE: The document containing the required information that an existing CAFO shall file with the administrator in order to register the CAFO.

USGS: United States geological survey. (Ord. 56, 3-14-2005)

   A.   Setback: No dwelling, other than the owner's dwelling, shall be built or placed within one thousand feet (1,000') of a registered or permitted CAFO.

   B.   Exceptions: The setback limitations set out in subsection A of this section shall not apply in the following instances:

      1.   On properties which have administrative building permits available at the time a CAFO is registered or approved. (The registration or approval of a CAFO siting permit will not extinguish the right to obtain such a building permit.)

      2.   On buildings which will be constructed as farm labor housing for the CAFO.

      3.   For houses which will be constructed or placed for a member of the owner's immediate family and which will be used solely for habitation for the family member.

      4.   For houses which a landowner and the CAFO permittee agree in writing may be constructed in the setback restriction zone. (Ord. 56, 3-14-2005)

   C.   Special Use Permits And Subdivisions: No special use permit for a CAFO shall be issued to a CAFO within one and one-half (11/2) miles of an existing residential or commercial subdivision, nor shall any CAFO improvements be constructed within one and one-half (11/2) miles of an existing residential or commercial subdivision. Residential subdivisions proposed after the effective date hereof shall be located no closer than one and one-half (11/2) miles to any existing CAFO improvements. Provided, however, that no existing CAFO shall preclude the creation of a subdivision within a city impact area, and no new CAFO shall be located closer than one mile of a city impact area. (Ord. 66, 1-18-2011)

   A.   Filing Registration:

      1.   Within eighteen (18) months from the effective date hereof, any person or entity operating a CAFO existing as of said effective date shall file a registration notice with the administrator. CAFOs, which have previously received a special use permit, need not register under this chapter.

      2.   A facility that has fewer animal units than designated in this chapter may file a registration notice with the administrator.

   B.   Required Information: The registration notice shall include the following where applicable:

      1.   Name, address, and telephone number of registrant.

      2.   Legal description of the CAFO.

      3.   Existing one time animal unit capacity. Verification may be required.

   C.   Public Hearing; Notice Requirements: If the administrator determines the registration notice is complete, he shall call a hearing for the next regular commission meeting if time allows. The hearing shall be advertised and conducted according to the requirements of siting permits contained in this title and Idaho Code sections 67-6509 and 67-6529. Notice shall also be provided by first class mail to any property owner within one and one-half (11/2) miles of a CAFO and any person that has made written request to the administrator for notice. The administrator shall also physically post notices at the external boundaries of the site at least fifteen (15) days prior to the hearing.

   D.   Acceptance Or Rejection Of Registration:

      1.   For any registration affecting more than five hundred (500) animal units or where there exists a milk shipping permit, if, after the public hearing, the commission determines the information provided is accurate and sufficient, the registration shall be accepted. If the commission determines the information is inaccurate or insufficient, the commission may reject the registration and ask for more information or verification. Said information or verification must be provided within forty five (45) days of the request or the registration shall be rejected.

      2.   In the event the request for registration affects less than five hundred (500) animal units or there is no milk shipping permit, if, after public hearing, the commission determines that a CAFO siting permit is not suitable, the commission may reject the application.

   E.   Recording Registration: If the registration is accepted, the required CAFO information shall be recorded in the office of the Washington County recorder at a cost to the county. The administrator shall provide the registrant with written notification of such action within twenty (20) days of the determination.

   F.   Scope Of Accepted Registration; Transferability: Registration notices which have been accepted and recorded shall allow the continued operation of an existing CAFO as described in the registration and shall be transferable in the same manner as a siting permit for so long as the CAFO remains in operation, subject to Idaho Code section 67-6538 and applicable law regarding nonconforming uses. (Ord. 56, 3-14-2005)

(Rep. by Ord. 66, 1-18-2011)

   A.   Permit Required: The following actions require a siting permit prior to commencement:

      1.   Construction of improvements to operate a new CAFO.

      2.   An increase in the number of animal units authorized in an existing CAFO siting permit or registration notice.

   B.   Voluntary Permit: A facility that would have fewer animal units than designated under this chapter may voluntarily seek a CAFO permit. Any such voluntary permit shall include all the benefits and be subject to all the obligations of any other permit issued pursuant to this chapter.

   C.   Exemptions From Permit: Repairs to existing improvements, or construction of new improvements that do not result in a change in location or capacity, and do not result in a violation of applicable law, regulation, or any existing permit shall not require a siting permit.

   D.   Transfer Of Permits: The ownership of siting permits of CAFOs permitted under this chapter may be transferred. The administrator shall be given notice of the transfer of the siting permit setting forth the date of the transfer and the name and mailing address of the party to whom the permit is being transferred. However, siting permits are attached to the location for which they are granted and may not be transferred to any other location.

   E.   Contents Of Application; Fee:

      1.   Required Information: Each application for a siting permit shall contain the following:

         a.   Legal description and address of the proposed CAFO.

         b.   The name and address of the applicant.

         c.   The proposed one time animal unit capacity of the operation.

         d.   The type of animals to be confined.

         e.   Water right information. Applications shall include one of the following:

            (1)   Evidence that a valid water right exists to supply adequate water for the operation of the proposed CAFO; or

            (2)   A copy of an application for a permit to appropriate water that has been filed with IDWR, which if approved, will supply adequate water for operation of the proposed CAFO; or

            (3)   A copy of an application to change the point of diversion, place, period, and nature of use of an existing water right that has been filed with IDWR, which if approved, will supply adequate water for the operation of the proposed CAFO.

         f.   A map including surface contours, soil depths and types, size and location of natural drainage points of the CAFO site obtained from the USDA natural resource conservation service (NRCS) or other comparable source. Changes to the existing contours shall be shown on a separate contour map prepared by an engineer or surveyor licensed in the state. (Ord. 56, 3-14-2005)

         g.   A complete site plan of the CAFO site, that is legible and prepared by a licensed engineer, architect, USDA natural resource conservation service (NRCS) agent, or the Idaho department of agriculture or county extension service agent. Scale shall be as required for clarity. The site plan shall include the following information, if applicable (which is within a 11/2 mile radius of the proposed operation):

            (1)   Building locations.

            (2)   Waste storage facilities.

            (3)   General areas for land application.

            (4)   Flood zones or flood data for facility site and land application sites.

            (5)   Private domestic wells.

            (6)   Community domestic wells.

            (7)   Public water supply wells.

            (8)   Irrigation wells.

            (9)   Existing monitoring and injection wells.

            (10)   Irrigation canals and laterals.

            (11)   Rivers, streams, spring and reservoirs.

            (12)   Designated wetlands.

            (13)   Dead animal storage.

            (14)   Feed storage area.

            (15)   Priority nitrate areas of concern.

            (16)   Issued building permit. (Ord. 66, 1-18-2011)

Both planned and existing facilities and areas shall be included in the maps.

         h.   A design plan which meets all state and federal requirements and which is approved or is pending approval subject to the issuance of a siting permit by the responsible agency pursuant to this chapter. The applicant shall provide the following:

            (1)   A letter from the appropriate agency acknowledging receipt and approval of a waste management plan, if required.

            (2)   A letter from the appropriate agency acknowledging receipt and approval of a nutrient management plan, if required.

            (3)   A letter from the appropriate agency acknowledging receipt and approval of an odor management plan, if required.

            (4)   A letter from the appropriate agency acknowledging receipt and approval of a dust management plan, if required.

         i.   Characterization of the proposed operation and any land application sites to include the following information:

            (1)   Annual precipitation.

            (2)   Soil characteristics.

         j.   Hydrogeological factors to include the following:

            (1)   Depth to first water yielding zone.

            (2)   Depth first encountered water.

            (3)   Direction of groundwater movement and gradient.

            (4)   Sources and estimates of recharge.

            (5)   Seasonal variations in water level and recharge characteristics.

            (6)   Susceptibility to contamination.

            (7)   Groundwater/surface water relationships.

         k.   Water quality data to include:

            (1)   Microorganisms (bacteria or single cell).

            (2)   Nutrients.

            (3)   Pharmaceuticals and organic compounds.

         l.   Written comment on, and approval of, the filed site plans from the applicable highway district.

         m.   Any other information the commission determines is needed to assess the application's compliance with the criteria of this chapter.

      2.   Fee: A fee shall be submitted with the application in an amount set by resolution of the board.

      3.   Exceptions: The commission may excuse the applicant from providing any specific required information if the applicant can substantiate to the commission that the information is not available for a specific site and that the applicant is not able to obtain or generate the information. In such instances, the applicant is required to provide the best information available. (Ord. 56, 3-14-2005)

   A.   The commission shall review the application for completeness. Upon determining that the same is complete the commission may submit the submitted information to the Idaho state CAFO site advisory team, or any other similar entity for review, comment, and recommendation.

   B.   After receiving comment from the Idaho state CAFO siting advisory group, or similar agency, the commission shall conduct a minimum of one public hearing. The hearing shall be advertised and conducted according to the requirements of special use permits contained in this title and Idaho Code section 67-6509. Notice shall also be provided by first class mail to any property owner within one and one-half (11/2) miles of a CAFO and any person that has made written request to the administrator for notice. The administrator shall also physically post notices at the external boundaries of the site at least fifteen (15) days prior to the hearing. (Ord. 56, 3-14-2005)

Prior to approval of a siting permit for a CAFO, the commission must find that the new CAFO meets the following requirements:

   A.   General Requirements:

      1.   All CAFOs must be within an area zoned agriculture (A1), or heavy industrial (D2).

      2.   All CAFOs shall be located outside the defined area of impact of any incorporated municipality within the county.

      3.   The CAFO must comply with and not be in violation of any federal, state or local law.

      4.   The owner or operator shall not have begun construction of new improvements for a CAFO upon land to be used as a CAFO prior to application for the permit. (Ord. 56, 3-14-2005)

   B.   Animal Waste Management:

      1.   All CAFOs shall follow and be in compliance with any nutrient management plan required by any state or federal agency.

      2.   The animal waste management system shall not be located or operated closer than one thousand three hundred twenty feet (1,320') from a residence belonging to someone other than the applicant or be located and/or operated closer than one thousand one hundred feet (1,100') from property lines. Provided, such setbacks may be lessened if the owner of the residence or property consents in writing to a lesser setback.

      3.   The setbacks contained herein shall not apply to the application of animal waste; except, that liquid waste from a swine facility shall not be land applied within one mile of a residence not part of the CAFO operation or owned, occupied or leased by the owner of the CAFO operation. Provided such setback may be lessened if the owner of the residence consents in writing to a lesser setback.

      4.   No animal waste management system shall be located and/or operated closer than five hundred feet (500') from a domestic well.

      5.   The animal waste management system shall have a one hundred foot (100') setback from a public road.

      6.   The CAFO shall be in compliance with all environmental regulations, requirements and permits imposed by state or federal law or any regulatory agency.

      7.   Aquaculture CAFOs are exempt from the animal waste management system setbacks except for the storage of solid waste on land.

      8.   If land application of animal waste occurs within a nitrate priority area, the land application shall be included in the nutrient management plan.

   C.   Water Quality And Water Quantity:

      1.   There will be no discharge of pollutants into surface or ground water except as permitted by the appropriate state or federal agency with jurisdiction.

      2.   CAFOs in a priority nitrate area of concern shall demonstrate through a nutrient study that if the background levels are less than nine milligrams per liter (9 mg/l) nitrate, the CAFO will not result in a greater than 1.0 milligram per liter nitrate increase over the background levels within one-fourth (1/4) mile of the CAFO boundaries. If the background levels are greater than or equal to nine milligrams per liter (9 mg/l) nitrate but less than ten milligrams per liter (10 mg/l) nitrate, the nutrient study must demonstrate that the CAFO will not result in an increase to ten milligrams per liter (10 mg/l) nitrate within one-fourth (1/4) mile of the CAFO boundaries. If the background levels are 10.0 milligrams per liter nitrate or greater, the nutrient study must demonstrate that the CAFO will not result in any nitrate increase over the background level within one-fourth (1/4) mile of the CAFO boundaries.

      3.   The applicant must have water of sufficient amount and type to adequately supply the proposed CAFO or present a plan showing steps he will take to obtain a water right. Such a plan should identify permits which will be bought and transferred or new permits for which the applicant shall apply. (Ord. 66, 1-18-2011)

   D.   Site Setbacks:

      1.   Corrals shall have a one hundred foot (100') setback from a public road.

      2.   All feed storage areas shall have a fifty foot (50') setback from a public road and existing residences.

      3.   No special use permit for a CAFO shall be issued to a CAFO within one and one-half (11/2) miles of an existing residential or commercial subdivision, nor shall any CAFO improvements be constructed within one and one-half (11/2) miles of an existing residential or commercial subdivision. No special use permit for a CAFO shall be issued to a CAFO closer than one mile of a city impact area.

      4.   No CAFO improvements shall be located within zone A, AE, AH, and AO floodplains as set out on the most recent federal emergency management agency flood insurance rate map for the county.

      5.   Aquaculture CAFOs are exempt from the setbacks contained herein except for the storage of solid waste on the land.

   E.   Lighting: Lights from CAFOs shall be placed and shielded to prevent the light source from becoming a nuisance or hazard outside the property lines of the CAFO. (Ord. 56, 3-14-2005)

If the commission finds that the applicant has shown that the proposed CAFO meets the criteria set forth herein, the commission may recommend to the board to grant the special use permit requested. If the commission does not find that the applicant has shown that the proposed CAFO meets the criteria set forth herein, the commission shall not recommend granting the siting permit. In making such recommendation, the commission may rely on information and recommendations received from the Idaho department of environmental quality (IDEQ) and the Idaho state CAFO site advisory team. In areas of elevated nitrate levels, continued well water monitoring shall be a condition of approval. If degradation is observed that is determined to be caused by the applicant's CAFO, remediation shall be required. Failure of remediation shall result in suspension or revocation of the siting permits. (Ord. 66, 1-18-2011)

If the siting permit is granted, the following information shall be recorded by the permittee:

   A.   Name and address of permittee.

   B.   Legal description of the CAFO.

   C.   Existing one time animal unit capacity. (Ord. 56, 3-14-2005)

   A.   Inspections During Construction:

      1.   Inspection of the construction progress of a CAFO authorized by a siting permit shall occur as governed by the county building code. Additional inspections may be done at the request of the permit holder. The inspections shall be performed by the administrator or the building inspector.

      2.   The administrator/building inspector shall have the authority to issue a "stop work" order for that portion of the CAFO in violation of the siting permit if an inspection reveals a violation of the terms of the permit. All work specified in the order must stop after posting of the order. The permit holder may appeal such an order to the commission.

   B.   Procedure For CAFO Changes:

      1.   If the permit holder desires to make changes to the proposed facilities authorized under the permit, the permit holder shall present a written change request to the administrator. The request shall be on a form provided by the administrator and shall contain such information as the administrator deems appropriate. The request must clearly specify the changes and provide an explanation or justification for the changes.

      2.   The administrator shall respond to the applicant within five (5) business days of the application for change.

      3.   If the administrator determines the requested change is de minimis, the administrator may grant the change request.

      4.   If the administrator determines that requested change is not de minimis or may violate the terms and conditions of the siting permit, the administrator shall forward the written change request to the commission within five (5) business days of receiving the request for change. The commission, after notice and hearing protocols as required for an original application, shall apply the same criteria as for approval of an original siting permit. If the request for change meets the requirements of the approval criteria set forth in this chapter, the application for change may be granted, and an amended special use permit shall be issued.

      5.   If the change request is denied by the commission, the permit holder may appeal the denial to the board. The appeals shall be governed and processed in accordance with the provisions of this chapter.

   C.   Occupancy Certificates:

      1.   Certificate Required: Prior to use of the expanded facilities of an existing CAFO or occupation of a new CAFO by livestock, fish, or birds, an occupancy certificate is required.

      2.   Required Information: The permit holder shall provide written notification from all applicable state and federal agencies showing compliance with all rules and regulations before the certificate of occupancy shall be granted.

      3.   Issuance Of Certificate: Upon completion and final inspection of the facilities authorized in the siting permit by the relevant state and local agencies, the administrator shall issue a certificate of occupancy to the permit holder. The certificate shall certify that all facilities have been inspected by the appropriate authorities and conform to the terms of the siting permit, are in compliance with the provisions of county ordinances, and that the permit holder is fully authorized to occupy and operate the CAFO facility.

      4.   Denial Of Certificate: If the administrator denies issuance of an occupancy certificate, such denial shall be in writing, setting forth the reasons for the denial, and may be appealed to the commission. Such an appeal must be filed with the office of the administrator within twenty (20) days of the issuance of the denial. (Ord. 56, 3-14-2005)

   A.   Setback Variances:

      1.   A variance can be sought to the setbacks contained in this title by making a written request for a variance at the time of the filing of the application for the siting permit.

      2.   A variance shall not be considered a right or special privilege but shall be granted to an applicant only upon his showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest.

      3.   Prior to granting a variance, notice and opportunity to be heard shall be provided to property owners joining the parcel under consideration and to those persons who have previously requested a notice.

      4.   The procedure considering a variance shall follow the provisions as set out in section 5-18-4 of this title for variances. However, if the variance is sought with the initial application for a CAFO, the variance application may be heard at the CAFO hearing; provided, that notice of the hearing states that the applicant is requesting a variance from the requirements of this chapter and specifying the nature of the variance.

   B.   Hardship Variances: Whenever any county, state or federal agency declares an emergency which affects the county cattle industry, the board may, upon application, temporarily vary the terms of this chapter. A variance from the strict application of the terms and conditions of this chapter for reasons of hardship shall not set a precedent for any other application for a hardship variance. A hardship variance may be granted in an expedited manner and without a hearing, when there is a showing that time is of the essence and a delay may cause substantial losses to an applicant. At any time after a hardship variance is granted, any affected person may request a public hearing and a review of the variance. (Ord. 56, 3-14-2005)

If construction is not commenced within one year of issuance of the siting permit, the applicant must appear before the commission to show cause why construction has not commenced. If construction of the CAFO is not completed within two (2) years of issuance of the siting permit, the commission may revoke the permit. Once revoked, the applicant may reapply. Reapplication shall be governed by statutes, regulations and ordinances in effect at the date of reapplication. (Ord. 56, 3-14-2005)

   A.   Complaints made by individuals in relation to the provisions of this chapter shall be in writing, and must contain the nature of the complaint, the name and address of the CAFO, time(s), date(s) of the occurrence, and the name, address and phone number of the complainant. The complainant must be an "affected person" as defined in this chapter.

   B.   If the administrator receives such a complaint of alleged noncompliance with the terms of a siting permit, the administrator shall give notice of the complaint to the permit holder/registrant and shall determine the validity of the complaint within ten (10) business days of its receipt. During that time, the permit holder/registrant can submit rebuttal evidence to the administrator concerning the complaint.

   C.   Once the validity of the complaint is determined, written notice of the administrator's decision shall be given to the permit holder/registrant and the complainant. If a violation is determined, the permit holder/registrant can correct the noncompliance or appeal the administrator's decision to the commission within twenty (20) days of the date of the administrator's determination. If no appeal is filed, the correction must be completed within thirty (30) days of the date of the administrator's written determination unless a written extension has been granted by the administrator. If a longer period of time is needed to make the corrections, the permit holder/registrant can request longer extension from the commission. (Ord. 56, 3-14-2005)

   A.   Modification, Suspension Or Revocation Of Occupancy Certificate: If a permit holder/registrant does not correct a violation substantiated under the process given in section 5-15-14 of this chapter, the commission may modify, suspend or revoke the occupancy certificate thirty (30) days after providing a written warning to the permit holder/registrant if the permit holder/registrant has taken no action to address the violation during the thirty (30) day warning period.

   B.   Violation Of State Or Federal Laws: If a complaint of noncompliance is based on alleged violation of state or federal laws, rules, or regulations, the administrator or commission shall forward the complaint to the applicable enforcement agency and defer determination of enforcement actions to that agency. In such situations, time limits in this chapter shall be suspended until a response is received from the relevant agency.

   C.   Immediate Action By County: Further, the board may at any time take immediate action to protect the public in accordance with the process set forth in the local land use planning act, particularly section 67-6527.

   D.   Penalties: Violations of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a "misdemeanor" as defined by Idaho Code section 18-113, and is punishable by up to six (6) months in jail and up to a three hundred dollar ($300.00) fine, or both. Each day such violation continues shall be considered a separate offense. (Ord. 56, 3-14-2005)

Any applicant, registrant, permit holder or affected person who has appeared before the commission in person or in writing and is aggrieved by a decision of the commission, shall have a right to appeal to the board. Appeals shall be governed and processed in accordance with the provisions of this title. (Ord. 56, 3-14-2005)