When are livestock sites deemed to be one animal feeding operation?

Overview

Both federal and Iowa law require the animals from more than one livestock site to be counted together as one farm in certain circumstances. Under Iowa law, two or more animal feeding operations (AFOs) under common ownership or management are deemed to be one animal feeding operation if they are adjacent or utilize a common area or system for manure disposal. Iowa’s law mirrors the federal definition of animal feeding operation in some respects except that the federal definition looks at adjoining farms and does not look at management of the farms.[1]

The first step in determining whether two livestock sites should be deemed as one animal feeding operation is to determine if they are under common ownership or management. If the two sites are not under common ownership or management, the two sites are not deemed to be one animal feeding operation and the examination ends here. If they are under common ownership or management, then the adjacency rules and a determination of whether they utilize a common area or system for manure disposal are considered.

Whether two livestock sites are considered to be one farm can affect all of the following regulatory determinations:

Separation distances
MMP requirement
Permit status
Matrix applicability

The magnitude of the affect varies depending upon the type of facility (confinement barn, open feedlot, deep bedded barn), and the type of manure storage. State law is more stringent than federal law with its common management, adjacency and air quality setback requirements.

Common ownership and management

Iowa defines common ownership and management similarly for all types of livestock farms, but the regulatory language differs. The table below compares the definitions.

Confinement feeding operations (567 Iowa Admin. Code 65.1)

Open Feedlots and dry-bedded confinement barns

(IC §§ 459A.103 & 459B.103)

Common ownership

The ownership of an animal feeding operation as a sole proprietor, or a 10 percent or more ownership interest held by a person, in each of two or more animal feeding operations as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest IAC 1/15/20 Environmental Protection [567] Ch 65, p.5 holder. The ownership interest is a common ownership interest when it is held directly, indirectly through a spouse or dependent child, or both. The following exceptions shall apply to this definition:

1. For an animal feeding operation structure constructed before February 19, 2020, “common ownership” means the ownership of an animal feeding operation as a sole proprietor, or a majority ownership interest held by a person, in each of two or more animal feeding operations as a joint tenant, tenant in common, shareholder, partner, member, beneficiary, or other equity interest holder. The majority ownership interest is a common ownership interest when it is held directly, indirectly through a spouse or dependent child, or both.

2. This definition shall not apply to a dry bedded confinement feeding operation which is subject to the common ownership requirements in Iowa Code section 459B.103(3)“a”(3).

For purposes of determining whether two or more open feedlot operations/dry bedded confinement feeding operations are under common ownership, a person must hold an interest in each of the open feedlot operations/ dry bedded confinement feeding operations as any of the following:

(a) A sole proprietor.

(b) A joint tenant or tenant in common.

(c) A holder of a majority equity interest in a business association as defined in section 202B.102,[1] including but not limited to as a shareholder, partner, member, or beneficiary.

(2) An interest in the open feedlot operation/ dry bedded confinement feeding operations under subparagraph (1), subparagraph division (b) or (c), which is held directly or indirectly by the person’s spouse or dependent child shall be attributed to the person.

Common management

Significant control by an individual of the management of the day-to-day operations of each of two or more confinement feeding operations. “Common management” does not include control over a contract livestock facility by a contractor, as defined in Iowa Code section 202.1.[2]

A person must have significant control of the management of the day-to-day operations of each of the open feedlot operations/ dry bedded confinement feeding operations. Common management does not include control over a contract livestock facility by a contractor, as defined in section 202.1.

Adjacency

If two or more animal feeding operations are under common ownership or management, then the examination continues to determine if the two operations are adjacent or utilize a common area or system for manure disposal. All the adjacency distances are statutory and are found in Iowa Code §§ 459.201, 459.301, 459A.103 and 459B.103. All adjacency distances are measured between the closest points of the two operations. Federal CAFO regulations uses the term “adjoin” instead of “adjacent”, but does not define it.

Open Feedlots

If at least one open feedlot structure is constructed after July 17, 2002, open feedlots under common ownership or management need to be separated by 1,250 feet or they will be considered one open feedlot. If an open feedlot is located near a confinement feeding operation building, the animal units are counted separately for purposes of state law. However, for purposes of determining whether an NPDES permit must be obtained, animals in the same category or type of animals must be counted together. For example, cattle in an open lot and cattle in a barn on the same site must be counted together.

Animal Truck Wash Facilities

If an animal truck wash facility is under common ownership or management of an animal feeding operation and is located within 1,250 feet of it, the animal truck wash facility is considered part of the AFO. An animal truck wash facility may be part of a CFO or open feedlot.

Confinement Feeding Operations

For two confinement feeding operations to be deemed one operation, they must be located closer than the following distances for each respective set of regulations. The following adjacency distances are found in Iowa Code §§ 459.201 and 459.301, and 567 Iowa Admin. Code 65.1. All of the animals from the site are to be counted when determining the applicable adjacency distance, not just the new addition. The distances are different depending on whether you are applying the air quality separation distances or the water quality regulations.

For water quality regulatory purposes, including permit thresholds and manure management plans, the following adjacency distances for confinement feeding operations apply when one structure was built on or after 5/21/98.

Confinement Water Quality Adjacency Distances (permits, matrix, MMPs, etc.)
Farms have a combined animal unit capacity of less than 1,000 animal units and at least one structure is built after 5/20/98	1,250 feet
Farms have a combined animal unit capacity of 1,000 animal units or more and at least one structure is built after 5/20/98	2,500 feet
Farms that store manure as dry bedded manure and at least one structure is built after 3/20/96	1,250 feet

Confinement Air Quality Adjacency Distances[1] (setbacks from residences, etc.)
Animal Type and Production Method	Distance in feet
Swine farrowing and gestating operation with at least one structure built after 3/20/96
Less than 1,250 AUs	1,250
1,250 – 1,999 animal units	1,500
2,000 or more animal units	2,500
Swine farrow to finish operation with at least one structure built after 3/20/96
Less than 2,700 animal units	1,250
2,700 – 5,399 animal units	1,500
5,400 or more animal units	2,500
All other swine farms
Less than 3,000 animal units	1,250
3,000 – 4,999 animal units	1,500
5,000 or more animal units	2,500
Confinement cattle operations
Less than 4000 animal units	1,250
4,0000 -- 6,499 animal units	1,500
6,500 or more animal units	2,500
Poultry farms
Less than 3,000 animal units	1,250
3,000 – 4,999 animal units	1,500
5,000 or more animal units	2,500
The confinement farms store manure as dry bedded manure and at least one structure is built after 3/20/96	1,250

Common Area or System for Manure Disposal

For confinement air quality setback distances (residences, etc.), the relevant consideration is whether the two sites “utilize a common system for manure storage”. Iowa Code § 459.201(1).
For confinement water quality regulations (permits, matrix, MMPs, land application setbacks, etc.), dry bedded barns and open feedlot operations, the relevant examination is whether there is a “common area or system for manure disposal.” This language mirrors the federal regulations.

For all practical purposes, a permit applicant is going to look at their entire manure storage, handling and land application system to determine if this factor is met.

The definition of “animal feeding operation” in Iowa Admin. Code 65.1, includes a description of “common area or system for manure disposal.”

A common area or system for manure disposal includes, but is not limited to, use of the same manure storage structure, confinement feeding operation structure, egg washwater storage structure, stockpile, permanent manure transfer piping system or center pivot irrigation system. A common area or system for manure disposal does not include manure application fields included in a manure management plan or anaerobic digesters.

If a structure contains effluent from an animal truck wash facility and effluent from an open feedlot, all the effluent is considered open feedlot effluent. If a structure contains effluent from an animal truck wash facility and manure from a CFO, all the effluent is deemed manure.

Because of how MMPs are prepared, manure from two different farms cannot be applied to the same land in the same year and any nutrient application needs to be accounted for in subsequent years. The same manure hauling equipment and land should not be used for annual manure application between two proximately located farms.

Conclusion

Determining whether two proximate livestock farms are deemed to be one animal feeding operation is a complex evaluation. Iowa’s law is similar to federal law but is more stringent in several respects. As many livestock facilities with future expansion plans were sited using this criteria, great care needs to be taken before any modifications are made.

[1] 40 CFR 122.23(b)(2) says in part that “Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.”

[2] “Business association” means a person organized under statute or common law in this state or another jurisdiction for purposes of engaging in a commercial activity on a profit, cooperative, or not-for-profit basis, including but not limited to a corporation or entity taxed as a corporation under the Internal Revenue Code, nonprofit corporation, cooperative association, partnership, limited partnership, limited liability company, limited liability partnership, investment company, joint stock company, joint stock association, or trust, including but not limited to a business trust. Iowa Code § 202B.102.

[4] If two sites have different animal unit capacities, the largest site is to be used for determining the applicable air quality adjacency distance.