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Change in ownership definition could affect construction and expansions

  • 3/5/2020 9:56:00 AM
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The definition for common ownership of an animal feeding operation changed, effective Feb. 19, 2020. The rule change is not retroactive. It applies to facilities making changes after Feb. 19.

This change affects owners of confinement animal feeding operations, not including dry bedded confinement operations. It does not apply to open feedlots.

However, it may affect small owners of animal feeding operations that wish to expand or modify, or are planning to build a new facility near an existing one where they have common ownership. In some cases, a construction permit and/or a manure management plan may be required for the new construction. Likewise, the facility may have to meet additional separation distances from residences, businesses, churches, schools and public areas; wells and environmentally sensitive areas such as water sources, sinkholes, etc.

The definition change replaces the word “majority” with “10 percent or more.” That means a common owner now includes any person, business or any other ownership entity with an interest of 10 percent or more of two or more operations located within a regulated separation distance.

For example, if three people each own 33 percent of buildings next to each other, under the old rule those buildings would not have common ownership because no one had a majority interest. Under the new rule, the buildings would be considered under one ownership because there is more than a 10 percent interest in each of the buildings.

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