Okla. Admin. Code § 35:17-5-3.1 - [Effective 8/11/2024] Setbacks for new or expanding construction of poultry barns

(a) New or expanding poultry feeding operations, including, but not limited to, poultry barns, composters and other carcass disposal areas, litter sheds, and other buildings associated with the operation, but not to include land application sites, shall not be located within the following applicable distances:
(1) Occupied residence:
(A) Fewer than, and including, one hundred and fifty thousand (150,000) birds shall be five hundred (500) feet; and
(B) More than one hundred and fifty thousand (150,000) birds shall be one thousand (1,000) feet.
(C) The distance between an occupied residence and a poultry waste facility shall be measured from the closest corner of the wall of the occupied residence to the closest point of the poultry waste facility;
(2) Public school shall be one thousand five hundred (1,500) feet;
(3) Incorporated city limits shall be one thousand five hundred (1,500) feet;
(4) Public roadway shall be one hundred and fifty (150) feet and such measurement shall be taken from the center line of the public road;
(5) Property line shall be one hundred and fifty (150) feet;
(6) Perennial or intermittent stream as identified on a current USGS 7.5 minute topographic map shall be two hundred (200) feet;
(7) Private well not owned or used for the poultry feeding operation shall be one hundred (100) feet; and
(8) Public well shall be five hundred (500) feet.
(b) The setbacks contained in subsections (a)(1), (2), (3), and (5) of this section shall not apply if the applicable property owner, city governing body, or school district executes a written waiver with the owner or operator of the poultry feeding operation, under the terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder of deeds in the county where the property is located. The filed waiver shall preclude enforcement of the setback requirements contained in subsections (a)(1), (2), (3), and (5) of this section. A change in ownership of the applicable property or change in the ownership of the property on which the poultry feeding operation is located shall not affect the validity of the waiver.
(c) As a part of the application for a new or expanding poultry feeding operation, the applicant shall provide the following in a detailed scaled map:
(1) Location of the poultry barns, composters and other carcass disposal areas, litter sheds, and other buildings associated with the operation; and
(2) Identification of all locations listed in subsection (a) within one thousand (1,000) feet of the facility.
(d) Prior to approval of any application for a new or expanding poultry feeding operation, the Department shall conduct a presite inspection and review and confirm compliance with all setback requirements contained in this section.
(e) Any proposed poultry feeding operation that completed a bank closing on or before October 8, 2018, for the purpose of constructing a poultry feeding operation which has been affected by the State Board of Agriculture October 8, 2018, "Suspension on Acceptance and Processing of Applications for New or Expanding Poultry Operations" shall not be subject to the requirements contained in this section.
(f) An application to register a poultry feeding operation shall be considered filed on the date the Department receives the registration and applicable fees.

Notes

Okla. Admin. Code § 35:17-5-3.1
Adopted by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019 Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

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