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
For the purpose of these regulations, Animal Feeding Operation are divided into the following
1,000 OR MORE
700 TO 999
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
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.
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;
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.
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.
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.
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.
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;
All Property Lines
Private Wells 500
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
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
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
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,
Effective Date: November 5, 1997
Brule County Auditor
Brule County Commission Chairman