§ 153.071. CONFINED FEEDING OPERATIONS.

All confined feeding operations (as defined by I.C. 13-11-2-40 must meet the following standards:

(A) All structures shall be set back at least 50 feet from any right-of-way line and/or boundary line.

(B) The outer perimeter of the confined feeding operation including open pits, lagoons or manure slurry holding tanks, pens or lots shall not be located any closer than:

(1) One-half mile to the nearest boundary of any incorporated city or town; or

(2) One thousand three hundred twenty feet from any residential district, residence, other than the farm operator, any church, commercial use other than agriculturally related, school, recreational area (public or private) or any public building.

(C) An existing confined feeding operation may be expanded, extended or enlarged at the same immediate location provided the following: The expansion, extension or enlargement does not encroach into any required setback to a greater extent than that which exists prior to the expansion, extension or enlargement.

(D) Any new residence, other than the farm operator, or any new church, commercial use other than agriculturally related, school, recreational area (public or private) or public building shall not be located closer than 1,320 feet from any existing confined feeding operation.

(E) All confined feeding operations shall meet all applicable regulations of the Indiana Department of Environmental Management.

(F) The spreading of accumulated waste through land application shall be located so as to provide for the minimum separation distance provided below. If the required distances cannot be met, then the owner shall incorporate within 48 or inject the waste into the soil to minimize the odors:

(1) Five hundred feet from a residential district line or from an existing residence other than that of the farm operator; or

(2) One thousand feet from a built-up area of 5 or more contiguous residences.

(1993 Code, § 8-41) (Ord. 93-02, passed 2-1-1993)