AFO Resources and Regulations

Note: The documents below are draft versions of what will be incorporated into Chapter 65 by reference. The document shall not be changed unless it is reviewed through the formal rulemaking process.

65.1(2) Incorporation by reference. The text of the following incorporated materials is not included in this chapter. The materials are provided on the department’s website at the following link https://iowadnr.gov/afo/rules. The materials listed below are hereby made a part of this chapter. For material subject to change, only the specific version specified in this subrule is incorporated. Any amendment or revision to a reference document is not incorporated until this subrule has been amended to specify the new version.

     a. “Act” means the federal Water Pollution Control Act, also known as the Clean Water Act as defined by 40 CFR 403.3 as amended through July 19, 2023;

     b. “AFO Siting Atlas” means an online mapping tool to assist in determining compliance of potential building sites to meet regulatory requirements. The AFO Siting Atlas is located on the department’s website, and the regulatory layers are effective as of [the effective date of these rules]. Any changes to the regulatory layers of the AFO Siting Atlas shall be done through rulemaking. Regulatory layers include: karst, 100-year floodplains of a major water source, and sinkholes;

     c. “CFR” or “Code of Federal Regulations” means the federal administrative rules adopted by the United States as amended through July 19, 2023;

     d. County Parks and Recreation Areas listed in Iowa’s County Conservation System Guide to Outdoor Adventure as shown on [the effective date of these rules];

     e. Parks in Iowa under the federal jurisdiction of the United States Army Corps of Engineers listed on the United States Army Corps of Engineers’ website as shown on [the effective date of these rules];

     f. Designated Wetlands in Iowa (pdf file) - effective date August 23, 2006;

     g. Emergency spill line telephone number is 515.725.8694 - effective date January 1, 2023;

     h. Appendix A: Open Feedlot effluent control alternatives for open feedlot operations. (pdf file)   - effective date December 14, 2016;

     i. Appendix B: Master Matrix. (pdf file)   - effective date March 1, 2003;

     j. Appendix C: Design specifications – formed manure storage structures. (pdf file)  - effective date March 24, 2004;

     k. Table 1: Major Water Sources – Rivers and Streams. (pdf file)   - effective date December 14, 2016};

     l. Table 2: Major Water Sources – Lakes. (pdf file)   - effective date December 14, 2016;

     m. Table 3: Annual pounds of nitrogen per space of capacity. (pdf file)   - effective date September 15, 2010;

     n. Table 4: Crop nitrogen usage rate factors. (pdf file)   - effective date December 14, 2016;

     o. Table 5: Manure production per space of capacity. (pdf file)   - effective date September 15, 2010;

     p. Table 6: Required separation distances for confinement feeding operations construction on or after March 1, 2003-swine, sheep, horses, poultry, and beef and dairy cattle. (pdf file)   - effective date September 15, 2010;

     q. Table 6a: Required separation distances for confinement feeding operations constructed on or after January 1, 1999, but prior to March 1, 2003-swine, sheep, horses and poultry. (pdf file)  - effective date September 15, 2010;

     r. Table 6b: Required separation distances for confinement feeding operations constructed on or after January 1, 1999, but prior to March 1, 2003-beef and dairy cattle. (pdf file)  - effective date September 15, 2010;

     s. Table 6c: Required separation distances for confinement feeding operations constructed prior to January 1, 1999-swine, sheep, horses and poultry. (pdf file)  - effective date September 15, 2010;

     t. Table 6d: Required separation distances for confinement feeding operations constructed prior to January 1, 1999-beef and dairy cattle. (pdf file)  - effective date September 15, 2010;

     u. Table 7: Required separation distances for open feedlot operations, stockpiles from open feedlot operations, stockpiles from dry manure confinement operations and stockpiles from dry bedded confinement operations. (pdf file) - effective date September 15, 2010;

     v. Table 8: Summary of credit for mechanical aeration. (pdf file)- effective date September 15, 2010;

     w. List of High-Quality Water Resources in 567 IAC 61 (pdf file) - effective date January 1, 2001;

     w. List of High-Quality Water Resources in 567 IAC 61 (pdf file) - effective date January 1, 2001;

     x. NRCS Iowa Technical Note No.25 Iowa Phosphorus Index (pdf file) - publication date April 2023;

     y. Iowa State University Extension and Outreach publication PM 1688, "A General Guide for Crop Nutrient and Limestone Recommendations in Iowa" (pdf file) - publication date February 2023;

     z. Iowa State University Extension and Outreach publication PMR 1003, "Using Manure Nutrients for Crop Production" (pdf file) - publication date April 2023;

     aa. Iowa State University Extension and Outreach publication AE 3550, "How to Sample Manure for Nutrient Analysis" (pdf file) - publication date January 2021;

     bb. Iowa State University Extension and Outreach publication CROP 31-8, "Take a Good Soil Sample to Help Make Good Fertilization Decisions" (pdf file) - publication date December 2016.

In accordance with Executive Order 10, the department has reviewed 567 IAC Chapter 65 and is proposing the following draft rule. 

Public Comment Opportunity for Draft Rule Changes

The DNR is holding a public comment period until September 26, 2023, for proposed rule changes to Chapter 65.  The proposal is published in the Iowa Administrative Bulletin (IAB) and are available at legis.iowa.gov/law/administrativeRules/bulletinSupplementListings. (go to 09/06/2023 "show nonrulemaking documents"). 

Written comments on the proposed rule changes may be sent to Kelli Book by email to afo@dnr.iowa.gov, or by mail to the Iowa DNR, Attn: Kelli Book, 502 East 9th Street, Des Moines, IA 50319. All public comments must be received no later than 4:30 pm on September 26.

Additionally, a public hearing on the draft changes will be held on Tuesday, September 26, from 11:00 am - 1:00 pm.  Persons who wish to attend the conference call should contact Kelli Book at afo@dnr.iowa.gov.  A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Kelli Book prior to the hearing to facilitate an orderly hearing.