Concentrated Animal Feeding Operating Permitting Changes

On August 28, 2019, Senate Bill 391 became effective, implementing new or different requirements for concentrated animal feeding operations (CAFOs) and adding requirements for some farmers that use CAFO waste.

1. The neighbor notice distance has changed for any new or expanding CAFOs. In the past, owners and operators had to notify all adjoining property owners within one and one-half times the buffer distance around the CAFO (buffer distance is determined based on CAFO class size). Now, CAFO owners and operators must notify all adjoining property owners within three times the buffer distance. The neighbor notice content requirements remain unchanged – number of animals, waste handling plan, facility layout, location and number of acres, facility contact information, Missouri Department of Natural Resources’ (Department) comment process for the associated permit, as well as the Department contact information. The Department will not issue a permit for a new or expanding CAFO if the owner or operator has not complied with the neighbor notice requirements.
2. Construction on a new or expanding CAFO shall not begin until the operating permit is issued. Land clearing does not constitute starting construction; however, this activity may require a Department issued land disturbance permit if the area cleared is over 1 acre. To ensure expedient processing, please ensure that your permit application is complete and fully demonstrates compliance with all applicable rules, statues, and requirements.
3. Senate Bill 391 created 640.760, Revised Statutes of Missouri, which establishes setback requirements for the surface land application of liquefied CAFO waste applied at third-party locations (at any location other than those specifically covered under the CAFO permit). Liquefied waste cannot be surface land applied: 

a) 50 feet from property boundary;

b) 300 feet from any public drinking water lake, well, or intake  structure;

c) 100 feet from any perennial and intermittent stream (without vegetated buffer);

d) 35 feet from any perennial and intermittent stream (with vegetated buffer).

Surface application means any method by which manure is broadcast or sprayed via mechanical equipment on the ground surface. Surface application does not include manure that is injected into the soil profile.

A vegetated buffer is a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters.

If you have any questions about any of these changes, please contact the CAFO team at 573-522-4502 or via email at CAFO@dnr.mo.gov.