§ 106-803. Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms. - North Carolina Statutes

§ 106‑803.  Siting requirements for swinehouses, lagoons, and land areas onto which waste is applied at swine farms.

(a)        A swine house or a lagoon that is a component of a swinefarm shall be located:

(1)        At least 1,500 feet from any occupied residence.

(2)        At least 2,500 feet from any school; hospital; church;outdoor recreational facility; national park; State Park, as defined in G.S.113‑44.9; historic property acquired by the State pursuant to G.S. 121‑9or listed in the North Carolina Register of Historic Places pursuant to G.S.121‑4.1; or child care center, as defined in G.S. 110‑86, that islicensed under Article 7 of Chapter 110 of the General Statutes.

(3)        At least 500 feet from any property boundary.

(4)        At least 500 feet from any well supplying water to a publicwater system, as defined in G.S. 130A‑313.

(5)        At least 500 feet from any other well that supplies waterfor human consumption. This subdivision does not apply to a well located on thesame parcel or tract of land on which the swine house or lagoon is located andthat supplies water only for use on that parcel or tract of land or for use onadjacent parcels or tracts of land all of which are under common ownership orcontrol.

(a1)      The outer perimeter of the land area onto which waste is appliedfrom a lagoon that is a component of a swine farm shall be at least 75 feetfrom any boundary of property on which an occupied residence is located andfrom any perennial stream or river, other than an irrigation ditch or canal.

(a2)      No component of a liquid animal waste management system forwhich a permit is required under Part 1 or 1A of Article 21 of Chapter 143 ofthe General Statutes, other than a land application site, shall be constructedon land that is located within the 100‑year floodplain.

(b)        A swine house or a lagoon that is a component of a swinefarm may be located closer to a residence, school, hospital, church, or aproperty boundary than is allowed under subsection (a) of this section ifwritten permission is given by the owner of the property and recorded with theRegister of Deeds. (1995, c. 420, s.1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997‑458, s. 4.1.)