Okla. Stat. tit. 2, § 2-20-21

Except as otherwise provided by Section 20-19 of this title and

subsection I of this section, swine feeding operations using liquid

swine waste management systems and housing swine in roof-covered

structures shall not be located within the following applicable

distances from an occupied residence:

B. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

Oklahoma Statutes - Title 2. Agriculture Page 707

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within three (3) miles from the outside

boundary of any area or facility with an average annual registered

attendance of not less than two thousand (2,000) people and owned or

operated as a camp or recreational site by a nonprofit organization

established prior to application of the swine feeding operation.

C. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within one (1) mile from the outside boundary

of any area or facility with an average annual registered attendance

of less than two thousand (2,000) people and owned or operated as a

camp or recreational site by a nonprofit organization established

prior to application of the swine feeding operation.

D. Except as otherwise provided by this section, no licensed

managed feeding operation which applies for a new or expanding

concentrated swine feeding operation license shall be located within

three (3) miles of the outside boundary of any area or facility

owned or operated as a camp or recreational site by a nonprofit

organization established prior to application of the concentrated

swine feeding operation.

E. 1. In determining whether any such area or facility is a

camp or recreational site, the State Board of Agriculture shall

consider:

a. whether a reasonable person, after considering the

totality of the circumstances, would determine that

the area or facility is predominately used for camping

or recreational purposes,

b. the type of permanent structures or fixtures of a

recreational nature located on the land,

c. the frequency with which the site is used for

recreational purposes,

d. the types of activities which are conducted or engaged

in on the site, and

e. any other factors the Board deems directly relevant to

the question of whether a site is recreational in

nature.

2. The setbacks contained in subsections B, C and D shall apply

only if the property was owned or leased by such organization prior

to the construction or establishment of the swine feeding operation.

F. The setback requirements contained in subsections A, B, C or

D of this section shall not apply to any property owner who executes

a written waiver with the owner or operator of the swine feeding

operation, under such terms and conditions as are agreed to by the

parties. The written waiver shall be effective upon recording of

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the waiver in the office of the county clerk in the county in which

the property is located. The filed waiver shall preclude

enforcement of the setback requirements of subsection A, B, C or D

of this section with regard to property described in the waiver and

owned by the person executing the waiver. A change in ownership of

the applicable property or change in ownership of the property on

which the swine feeding operation is located shall not affect the

validity of the waiver.

G. No licensed managed feeding operation established after June

10, 1998, which applies for a new or expanding license shall be

located:

1. Within three (3) miles of any designated scenic river area

as specified by the Scenic Rivers Act;
the applicable property or change in ownership of the property on

which the swine feeding operation is located shall not affect the

validity of the waiver.

G. No licensed managed feeding operation established after June

10, 1998, which applies for a new or expanding license shall be

located:

1. Within three (3) miles of any designated scenic river area

as specified by the Scenic Rivers Act;

2. Within three (3) miles of the outside boundary of any

historic property or museum owned by this state;

3. Within three (3) miles of a public drinking water well;

4. Within one (1) mile of a water body specified as outstanding

resource waters that has recreational or ecological significance as

outlined by the most current Oklahoma Water Quality Standards

promulgated by the Department of Environmental Quality; or

5. Within three (3) miles of a national park designated by the

United States Department of the Interior National Park Service.

H. 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 Oklahoma Department of Agriculture,

Food, and Forestry. 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.

I. The provisions of this section shall not apply to any swine

feeding operation which has been licensed by or which had submitted

an application to the Department on or prior to March 9, 1998. In

addition, the provisions of this section shall not apply to any

swine feeding operation with a capacity of 2,000 swine animal units

or less which was established prior to June 1, 1998.