172D.1 - DEFINITIONS.
172D.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "City" means a municipal corporation, but not including a
county, township, school district, or any special-purpose district or
authority.
2. "Department" means the department of environmental quality
in a reference to a time before July 1, 1983, the department of
water, air and waste management in a reference to a time on or after
July 1, 1983, and through June 30, 1986, and the department of
natural resources on or after July 1, 1986, and includes any officer
or agency within that department.
3. "Established date of operation" means the date on which a
feedlot commenced operating with not more livestock than reasonably
could be maintained by the physical facilities existing as of that
date. If the physical facilities of the feedlot are subsequently
expanded, the established date of operation for each expansion is
deemed to be a separate and independent "established date of
operation" established as of this date of commencement of the
expanded operations, and the commencement of expanded operations
shall not divest the feedlot of a previously established date of
operation.
4. "Established date of ownership" means the date of the
recording of an appropriate muniment of title establishing the
ownership of realty.
5. "Establishment cost of a feedlot" means the cost or value
of the feedlot on its established date of operation and includes the
cost or value of the building, machinery, vehicles, equipment or
other real or personal property used in the operation of the feedlot.
6. "Feedlot" means a lot, yard, corral, or other area in
which livestock are confined, primarily for the purposes of feeding
and growth prior to slaughter. The term does not include areas which
are used for the raising of crops or other vegetation and upon which
livestock are allowed to graze or feed.
7. A rule pertaining to "feedlot design standards" means a
rule, the implementation of which, or the compliance with which,
requires the expenditure of funds in excess of two percent of the
establishment cost of the feedlot.
8. A rule pertaining to "feedlot management standards" means
a rule, the implementation of which, or the compliance with which,
requires the expenditure of funds not in excess of two percent of the
establishment cost of the feedlot.
9. "Livestock" means cattle, sheep, swine, ostriches, rheas,
emus, poultry, and other animals or fowl, which are being produced
primarily for use as food or food products for human consumption.
10. "Materially affects" means prohibits or regulates with
respect to the location, or the emission of noise, effluent, odors,
sewage, waste, or similar products resulting from the operation or
the location or use of buildings, machinery, vehicles, equipment, or
other real or personal property used in the operation, of a livestock
feedlot.
11. "Nuisance" means and includes public or private nuisance
as defined either by statute or by the common law.
12. "Nuisance action or proceeding" means and includes every
action, claim or proceeding, whether brought at law, in equity, or as
an administrative proceeding, which is based on nuisance.
13. "Owner" shall mean the person holding record title to
real estate to include both legal and equitable interests under
recorded real estate contracts.
14. "Rule of the department" means a rule as defined in
section 17A.2 which materially affects the operation of a feedlot and
which has been adopted by the department. The term includes a rule
which was in effect prior to July 1, 1975. Except as specifically
provided in section 172D.3, subsection 2, paragraph "b",
subparagraph (5) and paragraph "c", subparagraph (5) nothing in
this chapter shall be deemed to empower the department to make any
rule.
15. "Zoning requirement" means a regulation or ordinance,
which has been adopted by a city, county, township, school district,
or any special-purpose district or authority, and which materially
affects the operation of a feedlot. Nothing in this chapter shall be
deemed to empower any agency described in this subsection to make any
regulation or ordinance. Section History: Early Form
[C77, 79, 81, § 172D.1; 82 Acts, ch 1199, § 92, 96] Section History: Recent Form
84 Acts, ch 1219, § 7; 89 Acts, ch 83, §31; 95 Acts, ch 43, § 7
Referred to in § 203.1
Further definitions, see § 159.1