172D.1 - DEFINITIONS. - Iowa Statutes

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