County amends CAFO ordinance

Published in The Power County Press March 18, 2015.

County Amends


NOTICE IS HEREBY GIVEN that on March 9, 2015, the following Power County Ordinance was adopted by the Board of County Commissioners;


NO. 2015-3




For the purpose of this chapter, the following terms and phrases shall have the meaning ascribed to them in this section:

ADMINISTRATOR: An official, having knowledge in the principles and practices of zoning, who is appointed by the board to administer Power County’s zoning ordinance.

AFFECTED PERSON: A person or entity owning or having an interest in property or residing within one-half (1/2) mile of CAFO, or resident or property owner whose health, safety or property rights will be affected.

ANIMAL UNIT: A term used to establish an equivalency for various species of animals and livestock densities in each zone district.



Animal Type Factor

Dairy cattle:

Milking/dry cows 1.4

Heifer 1 year and up 0.6

Calves 3 months to 1 year 0.4

<3 months and un-weaned 0.0

Beef cattle/bison:

Bulls 1.0

Steers/cows Over 1,000 lbs. 1.0

600 to 1,000 lbs. 0.6

Calves Unweaned 0.4


Pigs 55+ lbs. 0.4

<55 lbs. 0.1

Sows Each 0.4

Boars Each 0.5

Sheep Each 0.15

Horses Each 1.0

Fish 1,000 lbs. 1.0


Layers Each 0.033

Broilers Each 0.033

Turkeys Each 0.18

Species not


identified 750 lbs. of live

body weight 1.0

APPLICANT: A person or legal entity seeking approvals or permits pursuant to this chapter having an ownership or interest in real property of a nature sufficient to determine the use to which the real property will be put as proposed in the applications for approval or permits.

BEST MANAGEMENT PRACTICES (BMPs): A practice or combination of practices determined to be the most effective and practicable means of preventing or reducing the amount of pollution generated as per Idaho Code section 25-3803(4).

BOARD: The Power County board of county commissioners.

CAFO: As defined by Idaho Code section 67-6529, including the contiguous area or parcel of land or the use of a contiguous area or parcel of land, upon which there are confined or fed livestock, fish or birds in enclosures or as defined including a waste management system. (Areas or parcels of land are deemed contiguous when separated by county roads. Areas or parcels of land also are deemed contiguous if they are not adjacent, but are operated by the same persons or entity and a pipeline exists which is capable of conveying liquid waste to the nonadjacent land.)

CAFO FACILITY: Barns, corrals, pastures, feed storage, waste treatment systems, composting areas and waste lagoons and where there are confined or fed livestock, fish or birds in enclosures or ponds.

CAFO FOOTPRINT: The designated real property within which corrals, barns or other improvements, feed storage areas, animal feeding areas, waste storage areas including lagoons and any area that requires runoff containment (excluding farm ground), are located as defined within the NPDES permit or NMP of the facility.

CAFO SITE ADVISORY TEAM: A team comprised of representatives from the Idaho state department of agriculture (ISDA), Idaho division of environmental quality (IDEQ), and an official designee of Power County board of commissioners and any other person or entity identified by the board of commissioners. The CAFO site advisory team may invite representatives of the state universities of Idaho and the following federal agencies: U.S. environmental protection agency (EPA), U.S. natural resources conservation services (NRCS), U.S. geological survey (USGS), and the United States department of agricultural research services (USDA), to participate as advisors/consultants to the team.

COMMISSION: Planning and zoning commission appointed by the board.

COMPOSTING: The biological decomposition of organic matter. It is accomplished in such a way to promote aerobic degradation. The process inhibits pathogens, viable weed seeds and odors.

CONFORMING USE: Any use existing at the effective date hereof or any amendment thereto, which meets the criteria of this chapter.

CORRAL: An enclosed area in which animals are housed and fed without the presence of crops, forage growth, and other vegetation, which are not sustained in the normal growing season.

EXISTING CAFO: A CAFO built and in operation prior to the effective date of county regulations or this chapter.

MCL: Maximum contaminant level in the Idaho department of health and welfare’s water quality standards and wastewater treatment requirements.

MEMORANDUM OF UNDERSTANDING: Memorandum of understanding between Power County and the CAFO site advisory team relative to CAFO sitings is an agreement wherein Power County will provide the team with certain information set forth in the application in section 10-21-7 of this chapter. Once the CAFO facility application is complete and submitted to the team, the team (or their designees) shall conduct an on site evaluation. Unless specifically waived in writing, the applicant and/or owners and county officials (or their designees) shall always be present during evaluations of team. If the designated county official is unable to participate, then an alternate county official shall be appointed. The completed CAFO applications shall be reviewed and a suitability determination submitted to the county’s planning and zoning commission by the team coordinator within thirty (30) days of the team’s receipt of the application, together with the supporting data for their findings. The suitability determination shall:

A. Identify which of the following environmental risk categories a proposed CAFO site falls into:

1. High risk,

2. Moderate risk,

3. Low risk, or

4. Insufficient information to make a determination.

B. Describe which technical factors contribute to high, moderate and low, or insufficient risk categories. Along with designation of a risk category, the suitability determination shall indicate whether or not mitigation of risk is possible based on available technology, best management practices (BMPs), etc. The team members or their designees shall sign the suitability determination.

NMP: Nutrient management plan which is approved by the respective state or federal agency that has jurisdiction or regulatory authority over the CAFO.

NPDES PERMIT: National pollutant discharge elimination system permit that is issued by the respective state or federal agency that has jurisdiction or regulatory authority over the CAFO.

NONCONFORMING USE: A lawful use of land or a building that does not conform to the regulations of the district or zone but existed prior to the enactment of this chapter or any amendment thereto.

ODOR ABATEMENT PLAN: Idaho Code section 25-3803(2) best management practices and Idaho Code section 25-3804 design and construction.

SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures by the front, side or rear yard requirements of this chapter or by delineation on a recorded subdivision plat as defined under section 10-21-8 of this chapter.

WASTE: Waste is the presence of:

A. Liquid Waste: Wastewater and other waste material in liquid form, which is generated as a byproduct of a CAFO.

B. Solid Waste: Waste material in solid form, which is generated as a byproduct of a CAFO.

WASTE MANAGEMENT SYSTEM: The process area or mechanism employed for the retention, storage, or treatment of waste.

WASTE STORAGE: Area where liquid and/or solid manure is stored, excluding corrals. (Ord. 2010-07, 10-12-2010)

Ron Funk, Delane Anderson

Bill Lasley


Sharee Sprague

This Notice and Ordinance is being published to complete effect thereof pursuant to Idaho Code 31-705.

Dated this 9th day of March, 2015.


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