DOUGLAS GERMAN,
EXECUTIVE DIRECTOR
JAMES GORDON,
board of directors president
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Zoning and Environmental Livestock Laws in Nebraska
Zoning Nebraska’s counties have the authority to adopt zoning regulations that impact where and how farmers engage in such things as livestock production. Almost all Nebraska counties have now adopted some type of zoning regulation. It’s impossible to describe here each of these county zoning ordinances but we can generalize about what livestock producers and other farmers might encounter. Be sure to talk with local officials and get a copy of any county zoning and health regulations prior to beginning a project. Many counties require livestock buildings to be set back or separated from other property such as roads, neighboring farmhouses, public areas, and businesses. There may also be separation distances between manure land application areas and neighboring facilities. Other restrictions may include the necessity of a permit to construct waste control facilities such as a lagoon; limitations on how, how much and where manure can be applied; controls on odor and flies; carcass disposal; and the type of manure storage. Counties that have already adopted zoning regulations may also adopt health ordinances that regulate the construction, location, and “keeping in order” of barns, dairies, and feedlots. A change in zoning regulations will probably not impact operations that have already had substantial construction or incurred substantial expenses related to construction, but just having a permit is not likely enough to stop new zoning rules from being applied to new projects or construction of new facilities. Talk with local planning officials before starting to build. State Livestock Operating and Construction Permits
Existing operations were to have requested that their facility be inspected prior to January 1, 2000 to determine whether a permit is necessary. New operations must pay an inspection fee of $50 for a Class I and II operation and $500 for a Class III and IV operation. Applications for construction and operating permits (see page 4 for application fees) must be prepared by a Nebraska licensed professional engineer and must include information relating to the location of the facilities and the land application areas; the source of water for the operation, and maps showing all wells, homesteads, and businesses within 2000 feet of the facilities. The applications must also include a comprehensive nutrient management plan showing the number of acres available for application, the slope of the land, the soil type, historic yields on the land, and distance to surface water from the land. If land is to be used for application that is not owned by the operator of the livestock operation, a written agreement between the landowner and the livestock operator must be provided granting approval for the application. No discharge from a waste control facility is allowed unless the discharge is (1) to prevent a failure that would cause loss of life, personal injury or severe property damage; (2) the only feasible alternative; (3) conducted to minimize adverse effects; and (4) known by DEQ within 24 hours. Class II, III, and IV operations must also submit a plan with their applications describing what best management practices will be used to reduce odors from the operation. Many other types of information are required to be submitted with an application so be sure to check with DEQ when preparing the application. Both open lot and confined feeding operations are required to maintain detailed recordkeeping once they have received their operating permit. These records include precipitation records, waste analysis records, soil test records (soil tests must be done annually), and land application records. Specific design standards must be followed for the construction of any waste control facility. For example, earthen structures must have 1 1/2 feet of freeboard and vertical walled structures must have 6 inches of freeboard. Liquid storage pits, tanks, or holding ponds must be able to retain manure for a minimum period of 180 days. New livestock waste control facilities cannot be located within 100 feet of any domestic well or within 1000 feet of a public drinking water supply well (with some exceptions). New Class II,III, and IV facilities cannot be located in a watershed that feeds directly or indirectly into a cold water Class A stream and new facilities must also be located at least four feet above the seasonal high ground water level. Seepage from waste control facilities cannot exceed 0.25 inches per day for Class I operations and 0.13 per day for Class II, III, and IV facilities. Land application of manure is not to exceed the agronomic rate for nitrogen and any applications must comply with a comprehensive nutrient management plan that may require buffer strips or other conservation measures if manure is to be applied near streams or lakes. Operators are to also do soil tests that measure phosphorus and if levels exceed 150 parts per million (ppm) the DEQ may require additional controls to prevent water contamination. Check with NDEQ or an experienced attorney or engineer prior to construction and operation of any new livestock operations. Environmental Protection Agency NPDES Permits In addition to a state permit for the construction and operation of a livestock waste control facility, some livestock operations will need to be covered by a federal National Pollutant Discharge Elimination System (NPDES) permit. These permits are required by the federal Clean Water Act for certain operations with the potential to discharge effluent into water. These permit requirements have undergone several changes in recent months and only recently have new rules been adopted. Nebraska’s implementation of the rules is also undergoing changes and is not yet completed. It’s therefore important that livestock producers consult with an experienced attorney and/or the Department of Environmental Quality about whether they might be required to comply with additional NPDES permit rules. Under a rule published in December 2002 the Environmental Protection Agency now requires an NPDES permit for any large confined animal feeding operation (CAFO) exceeding 1000 animal units (700 mature dairy cows; 1000 beef cows, 2500 swine over 55 pounds; or 10,000 swine under 55 pounds). In addition, smaller operations may also need a permit if a man-made ditch or pipe discharges manure into surface water or the livestock comes into contact with surface water running through the confinement area. The permit requirements only apply to operations where animals are confined for at least 45 days over a 12 month period and there is no vegetation in the confinement area. A permit must be obtained even if the only discharge occurs during a major storm but it may be possible to avoid the permit requirements if authorities determine there is no potential for discharge at all. The permit means there can be no discharge to surface waters, except that if a discharge does occur during a major storm event and the operation is designed, constructed, operated and maintained properly the discharge will be allowed. The new rules apply now to any new operations or those covered by the rules for the first time and to existing operations when their current NPDES permit expires. Under the rules, all permitted CAFOs will need to develop and implement a nutrient management plan. Existing operations will have until December 2006 to develop and implement the plan while new operations will need to develop one before being covered by the permit. Large CAFOs will have to analyze manure at least once each year, analyze soil for phosphorus every five years, not apply manure to land within 100 feet of surface water (some alternatives to this requirement are available), and periodically inspect application equipment for leaks. The permitted operations will also have to submit annual reports to the Nebraska DEQ and keep records of the nutrient management practices for five years. Any specific manure application rates are to be set by the state if they wish to do so. In the fall of 2002, prior to the issuance of the EPA rule discussed above, the Nebraska DEQ issued a notice of intent to issue a general NPDES permit for open lot feedlots. The DEQ is continuing to review the proposed general permit and will make a determination on its issuance at a later date. Since the proposed general permit was published before the new federal rule was issued, it is likely some changes to the general permit will be made. A general permit means operators are not required to apply for an individual permit but are “permitted” if they simply comply with the general permit requirements. The proposed general permit covers such issues as land application, notification of discharges, recordkeeping, best management practices, and employee training. Check with DEQ about the status of the general permit before constructing a new confined animal feeding operation .
Nebraska Livestock Classes and Permit Application Fees
Class Animal Units Feeder Cattle Dairy
Cattle Swine Swine Fee
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Send mail to
MKAMMERER@LEGALAIDOFNEBRASKA.COM with
questions or comments about this web site.
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Nebraska
farmers must increasingly be aware of environmental laws and
regulations impacting their business. These environmental
laws range from restrictions on the use of water to how an
open feedlot should be constructed. This brochure is
intended to introduce farmers to one aspect of these laws,
particularly those dealing with livestock production.
Farmers should be cautious about constructing or undertaking
any project that might impact the environment without first
checking with local and state officials about what rules
might apply. More information can also be obtained by
consulting with an experienced attorney or contacting the
Nebraska Department of Environmental Quality at
877-253-2603. 
Nebraska
confined livestock operations exceeding 300 animal units
(e.g. 300 feeder cattle, 750 swine over 55 pounds, 214 dairy
cows) are required to have either a permit or a letter of
exemption from the Department of Environmental Quality (DEQ).
Operations of less than 300 animal units must also be
permitted if they’ve previously had a discharge of livestock
waste to waters or if the DEQ determines a high potential of
discharge exists. Livestock operations that hold cattle in
calving operations for less than ninety days per year are
exempt. Two or more livestock operations under common
ownership are considered a single operation if they are
adjacent to each other or use a common area or system for
waste disposal.