Okla. Stat. tit. 2, § 2-20-19
This is the official text of Okla. Stat. tit. 2, § 2-20-19, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Setback requirements
Official statutory text
A. Except as authorized by this subsection, no liquid swine
waste shall be land applied within five hundred (500) feet of the
nearest corner of an occupied residence not owned or leased by the
owner of the swine feeding operation.
B. Except as otherwise provided by Section 20-20 of this title,
no concentrated swine feeding operation shall be established within
one (1) mile of ten or more residences that are occupied residences
at the time of the establishment of the concentrated swine feeding
operation.
C. The proscription contained in subsections A and B of this
section shall not apply if the applicable property owner executes a
written waiver with the owner or operator of the swine feeding
operation, under the terms and conditions that the parties
negotiate. The written waiver becomes effective upon recording of
the waiver in the offices of the recorder of deeds in the county
where the property is located. The filed waiver shall preclude
enforcement of the setback requirements contained in subsections A
and B of this section. A change in ownership of the applicable
property or change in the ownership of the property on which the
swine feeding operation is located shall not affect the validity of
the waiver.
D. No liquid swine waste shall be land applied within three
hundred (300) feet of an existing public or private drinking water
well.
E. Except as provided by Section 20-20 of this title, no
concentrated swine feeding operation shall be established if
located:
1. Within three (3) miles of a state park or resort;
2. On land within three (3) miles of the incorporated limits of
any municipality, unless the municipality's governing body executes
a written waiver of the setback for the particular swine feeding
operation. A change in ownership of the property on which the
animal feeding operation is located shall not affect the validity of
the waiver; or
Oklahoma Statutes - Title 2. Agriculture Page 706
3. Within three (3) miles of the high water mark of a surface
public water supply if the concentrated swine feeding operation is
located within the drainage basin for the public water supply.
F. All distances between occupied residences and swine feeding
operations shall be measured from the closest corner of the walls of
the occupied residence to the closest point of the nearest waste
facility, as determined by the Department. The property boundary
line of the real property is not used unless it coincides with the
closest point of the waste facility or occupied residence.
waste shall be land applied within five hundred (500) feet of the
nearest corner of an occupied residence not owned or leased by the
owner of the swine feeding operation.
B. Except as otherwise provided by Section 20-20 of this title,
no concentrated swine feeding operation shall be established within
one (1) mile of ten or more residences that are occupied residences
at the time of the establishment of the concentrated swine feeding
operation.
C. The proscription contained in subsections A and B of this
section shall not apply if the applicable property owner executes a
written waiver with the owner or operator of the swine feeding
operation, under the terms and conditions that the parties
negotiate. The written waiver becomes effective upon recording of
the waiver in the offices of the recorder of deeds in the county
where the property is located. The filed waiver shall preclude
enforcement of the setback requirements contained in subsections A
and B of this section. A change in ownership of the applicable
property or change in the ownership of the property on which the
swine feeding operation is located shall not affect the validity of
the waiver.
D. No liquid swine waste shall be land applied within three
hundred (300) feet of an existing public or private drinking water
well.
E. Except as provided by Section 20-20 of this title, no
concentrated swine feeding operation shall be established if
located:
1. Within three (3) miles of a state park or resort;
2. On land within three (3) miles of the incorporated limits of
any municipality, unless the municipality's governing body executes
a written waiver of the setback for the particular swine feeding
operation. A change in ownership of the property on which the
animal feeding operation is located shall not affect the validity of
the waiver; or
Oklahoma Statutes - Title 2. Agriculture Page 706
3. Within three (3) miles of the high water mark of a surface
public water supply if the concentrated swine feeding operation is
located within the drainage basin for the public water supply.
F. All distances between occupied residences and swine feeding
operations shall be measured from the closest corner of the walls of
the occupied residence to the closest point of the nearest waste
facility, as determined by the Department. The property boundary
line of the real property is not used unless it coincides with the
closest point of the waste facility or occupied residence.
Status: in_force · Read it on the official government site
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