The rule is:

65.7(1) Animal feeding operations required to obtain a construction permit.

b.  a confinement feeding operation shall obtain a construction permit prior to any of the following: 
    
(1)  CONSTRUCTING OR MODIFYING ANY UNFORMED MANURE STORAGE STRUCTURE, or constructing or modifying a confinement building that uses an unformed manure storage structure.
    
(2)  CONSTRUCTING, INSTALLING OR MODIFYING A CONFINEMENT BUILDING or a formed manure storage structure at a confinement feeding operation if, after construction, installation or expansion, the animal unit capacity of the operation is 1,000 animal units or more. This subparagraph also applies to confinement feeding operations that store manure exclusively in a dry form.
    
(3)  INITIATING A CHANGE THAT WOULD RESULT IN AN INCREASE IN THE VOLUME OF MANURE or a modification in the manner in which manure is stored in any unformed manure storage structure, even if no construction or physical alteration is necessary. Increases in the volume of manure due to an increase in animal capacity, animal weight capacity or animal unit capacity up to the limits specified in a previously issued construction permit do not require a new construction permit.
    
(4)  INITIATING A CHANGE, EVEN IF NO CONSTRUCTION OR PHYSICAL ALTERATION IS NECESSARY, that would result in an increase in the volume of manure or a modification in the manner in which manure is stored in a formed manure storage structure if, after the change, the animal unit capacity of the operation is 1,000 animal units or more. Increases in the volume of manure due to an increase in animal capacity, animal weight capacity or animal unit capacity up to the limits specified in a previously issued construction permit do not require a new construction permit.
  
. . .   
  
(7)  REPOPULATING A CONFINEMENT FEEDING OPERATION IF IT WAS CLOSED FOR 24 MONTHS OR MORE AND IF ANY OF THE FOLLOWING APPLY:
 
1.  The confinement feeding operation uses an unformed manure storage structure or egg washwater storage structure;
  
2.  The confinement feeding operation includes only confinement buildings and formed manure storage structures and has an animal unit capacity of 1,000 animal units or more.
 
 
    
(8)  INSTALLING A PERMANENT MANURE TRANSFER PIPING SYSTEM, UNLESS THE DEPARTMENT DETERMINES THAT A CONSTRUCTION PERMIT IS NOT REQUIRED. Repairs to a confinement building or additions such as fans, slats, gates, roofs, or covers do not require a construction permit. In some instances, the department may determine that a construction permit is not required to increase the volume of manure or egg washwater or a modification in the manner in which manure or egg washwater is stored if the increase or modification is deemed insignificant. Plans for repairs or modifications to a manure storage structure shall be submitted to the department to determine if a permit is required.

As noted in the May Iowa Pork Producer magazine, the Iowa Environmental Protection Commission adopted a rule effective June 15 that modifies the requirements to obtain a construction permit for confinement manure storage structures.

The current DNR rule on animal capacity thresholds for obtaining a construction permit was amended to coincide with legislation adopted in 2002 that changed thresholds from animal weight capacity to animal units. However, the rule goes further and provides additional details and requirements for obtaining a construction permit, including requiring producers to obtain DNR approval for repairs or modifications to a manure storage structure to determine if a permit is needed.

Paragraphs (1) and (3) apply to unformed manure storage structures (earthen basins and lagoons). Paragraph (1) requires a construction permit for physical construction or modification of an earthen basin or anaerobic lagoon, no matter what the animal capacity of the operation is. Paragraph (3) requires a construction permit for a change (even if no physical construction is necessary) that increases the volume of manure or a modification in the manner of manure storage in an earthen basin or lagoon. Increases in manure volume without physical construction because of an increase in animal capacity, animal weight capacity or animal unit capacity do not require a construction permit if the increases are within the capacities in an existing construction permit.

Paragraphs (2) and (4) apply to confinement buildings and formed manure storage structures (concrete pits, tanks, etc.). Paragraph (2) requires a construction permit for physical construction or modification of a confinement building or a concrete or other formed manure storage structure if the animal unit capacity of the operation (including all confinement buildings at the site) will be more than 1,000 animal units (2,500 head of hogs weighing more than 55 pounds or 10,000 head of pigs weighing between 15 and 55 pounds).

As stated in the rule, this paragraph applies to dry manure operations, for example, swine hoop buildings.

Paragraph (4) requires a construction permit for a change (even if no construction or physical alteration is necessary) that increases the volume of manure or a modification in the manner of manure storage in a formed manure storage structure if the animal unit capacity of the operation (including all confinement buildings at the site) is or will be more than 1,000 animal units. Please note that if an operation was built when the construction permit threshold was 625,000 pounds of animal weight capacity and that operation has between 2,500 and approximately 4,100 head, that operation will need a construction permit if it now increases the volume of manure without physical construction or alteration. Increases in manure volume without physical construction because of an increase in animal capacity, animal weight capacity or animal unit capacity do not require a construction permit if the increases are within the capacities in an existing construction permit.

Note that under paragraph (8), if DNR determines that an increase in manure volume is “insignificant”, a construction permit would not be needed. To make that determination, plans for repairs or modifications must be submitted to DNR.