Setbacks

The Swine Farm Siting Act created or enhanced setbacks and buffers for swine houses, lagoons, and fields receiving land applications of swine waste.

Setbacks for lagoons and swine houses are:

• 1,500 feet from any occupied residence;

• 2,500 feet from a school, hospital, or church; and

• 500 feet from property boundaries. This requirement does not apply to any swine farm for which a site evaluation was conducted before October 1, 1996.

For animal waste management systems sited before October 1, 1996, and after October 1, 1995, the setback from property boundaries is 100 feet.

Setbacks for fields receiving land applications of swine waste are:

• 50 feet from the boundary of property where an occupied residence is located; and

• 50 feet from perennial streams.

Enforcement

The Swine Farm Siting Act provides for enforcement by creating a private right of action. Any person directly affected by the siting of a swine farm may bring a civil action against the swine facility seeking injunctive relief, an order enforcing the siting requirements of the Act, damages, or any combination of those remedies.

Courts may award court costs, including reasonable attorneys' fees, and expert witnesses' fees to any party. Where a party seeks a temporary restraining order or a temporary injunction, the court may require the requesting party to file a bond or equivalent security.

Notification

Ayone who intends to construct a farm with a waste management system that will serve more than 250 head of swine must notify all adjoining property owners, including those across a public road, before beginning any construction of the farm. Notices must be by certified mail sent to the addresses listed in the county tax office of the county where the property is located. At a minimum the written notice must state:

• the name and address of the person intending to construct the swine farm;

• the type of swine farm and the design capacity of the animal waste management system;

• the name and address of the technical specialist preparing the animal waste management plan;

• the address of the local Soil and Water Conservation District office; and

• information informing all property owners entitled to notice that they may submit written comments to the Division of Water Quality in the Department of Environment, Health and Natural Resources (DEHNR).

Exemptions

The revised Swine Farm Act allows for some exemptions to the setbacks. Specifically, activities exempt:

• construction or enlargement to increase the swine population to that predicted in the registration filed with DEHNR before October 1, 1995;

• construction or enlargement to increase the swine population to that which the animal waste management system is designed to accommodate as described in a registration of the swine operation filed with the DEHNR before October 1, 1995, or as described in an animal waste management plan approved before October 1, 1995.

• construction or enlargement to comply with animal waste management rules and not for the purpose of increasing the swine population.

A swine house or swine lagoon may be located closer to residence, school, hospital, church or property boundary if written permission is given by the land owner of the property and recorded with the Register of Deeds.

Prepared by T. Feitshans And D.A. Crouse, North Carolina Cooperative Extension Service Specialists,
North Carolina State University, Raleigh, North Carolina

Direct questions or comments to Ted_Feitshans@ncsu.edu or David_Crouse@ncsu.edu

NCCES is based at North Carolinas two land-grant institutions: North Carolina State University and North Carolina A&T State University. Cooperative Extension Centers are located in all 100 counties and on the Cherokee Indian Reservation.

Last modified: April 1997
Joan_Gosper@ncsu.edu