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Brule County Ordinance #97-03
Brule County South Dakota

BRULE COUNTY ORDINANCE #97-03
TO AMEND BRULE COUNTY ZONING RESOLUTION MANUAL  

5.19.01  ANIMAL FEEDING OPERATION 
An operation that stables confines, and feeds or maintains and/or poultry in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more facilities under common ownership are a single animal operation if they adjoin each other, are within one mile of each other, or if they use a common area or system for the disposal of manure.
For the purpose of these regulations, Animal Feeding Operation are divided into the following classes:
 
CLASS                                ANIMAL UNITS
CLASS A                            1,000 OR MORE
CLASS B                               700 TO 999
CLASS C                                 10 TO 699
 
Animal Feeding Operation Requirements
Owners of Animal Feeding Operations are required to complete a Special Exception application whenever any of the following occur;
1.    A new Class A or B Animal Feeding Operation is proposed where one does not exit.
2.    An Expansion is proposed beyond what a current permit allows.
3.    An Expansion by 300 animal units, after adoption of this ordinance, of an exiting animal feeding operation, when the total animal units will meet or exceed the requirements for a Class A or B animal feeding operation.
4.   A change in ownership
5.   An exiting Animal Feeding Operation is to be restocked after being idle for five (5) or more years.
6.   A signed complaint has been received by the County Zoning Officer or South Dakota Department of Environment and Natural Resources and after inspection reveals that the Animal Feeding Operation is in violation of County or State regulations.
ANIMAL UNITS
A unit of measure for livestock equated as follows; one animal unit is equivalent to:
1 cow, feeder, or slaughter beef animal, excluding calves under 300 pounds;
1 horse, excluding colts one year and/or under;
0.7 mature dairy cattle, excluding dairy calves under 300 pounds;
1 swine over 300  pounds;
2.5 swine over 300 pounds;
10 sheep or lambs;
30 laying hens or broilers;
5 ducks;
55 turkeys.
PUBLIC WELLS
A well which provides water to at least fifteen (15) connections and twenty-five (25) users for a minimum of sixty (60) days in a year.
PRIVATE WELLS
Any well not classified as public.
ANIMAL WASTE FACILITY
Any piping, containment structures, and disposal appurtenances associated with the collection, storage, treatment, and disposal of mature or waste water at an animal feeding operation.
 
CLASS A                            ANIMAL FEEDING OPERATIONS
Are considered Special Exceptions and shall comply with the Special Exception process and Section 5.19.01 letter(s) a,b,c,d,e,f and g Section 7.8, in addition to all applicable State and Federal requirements.
CLASS B                            ANIMAL FEEDING OPERATIONS
Are considered Special Exceptions and shall comply with the Special Exception
process and Section 5.19.01 letter(s) d, Section 7.8, in addition to all applicable State and Federal requirements.
CLASS C                            ANIMAL FEEDING OPERATIONS
Are considered Principal Permitted Uses therefore are exempt from Brule County Animal Feeding Operation Performance Standards. They must comply with all State and Federal requirements.
1.     Performance Standards
 
a) Animal feeding operation shall submit animal waste management system
plans and specification for review and approval prior to construction, and a Notice of Completion for a  Certificate of Compliance, after construction, to the South Dakota Department of Environment and Natural Resources.
 
b) Prior to construction, Animal Feeding Operations shall obtain a storm water permit for construction activities from the South Dakota Department of Environment and Natural Resources. The storm water pollution prevention plan required by the permit must be developed and implemented upon the start of construction. 
 
c) All Animal Waste Facilities shall comply with the following setbacks;
 
Public Wells                       2,640 feet
All Property Lines                  660 feet
Private Wells                         500 feet
Lakes, River, and Streams   
Classified as Fisheries        2,640 feet
 
d) Applicants must present a nutrient management plan which will assure offensive odors and runoff will be kept to a minimum.
 
Examples of such management shall include at least:
1. Proposed maintenance of holding ponds.
2. Nutrient transportation equipment free of leaks or spillage hazards.
3. Land application process and /or methods.
4. Legal description and map, including documented proof of area to be utilized
    for nutrient application.
e) Animal waste facilities shall be located no closer than two (2) miles from any incorporated municipality or rural residential district.  
 
f) Animal waste facilities shall be located no closer than one (1) mile from any residential dwelling; two dwelling units are allowed on the facility site. The owner of a residential dwelling may request the Planning Commission to review the facility and the Commission may, by variance waive or decrease the required separation distance. The waiver must then be recorded with the County Register of Deeds in order that any future owners can be informed.
 
g) Animal waste shall be transported no further than five (5) miles from the point of origination for land application. 
 
7.8 BAD ACTOR LEGISLATION
The Brule County Commission may reject an application for any permit filed for a variance, conditional use or otherwise for the reasons and on the grounds set forth in SDCL 1-40-27, as revised and amended. Such rejection shall be based upon a specific finding by the Commission that the applicant has engaged in the activity identified in the aforesaid statute. The burden on the Commission to make the specific finding provided for herein shall be by a preponderance of the evidence.
 
If any provision of this Ordinance is declared unconstitutional, or the application thereof to any person or circumstances held invalid, the constitutionality of the remainder of the Ordinances and applicability thereof to other persons or circumstances shall not be affected thereby.
 
First Reading:          September 30, 1997
Second Reading:     October 7, 1997
Published:               October 16, 1997
Effective Date:          November 5, 1997
 
ATTEST:
Jan Giese
Brule County Auditor
 
APPROVED:
Sally Reimer
Brule County Commission Chairman
  
 

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