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
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