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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1918 By: Blancett
AS INTRODUCED
An Act relating to agriculture; amending 2 O.S. 2011,
Section 10-9.8a, which relates to the Oklahoma
Registered Poultry Feeding Operati ons Act; modifying
current setback requirements; providing setback
requirements; requiring certain pre -site inspections;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2011, Section 10 -9.8a, is
amended to read as follows:
Section 10-9.8a A. On and after the effective date of this
act:
1. No new or expanding poultry feeding operations , operated by
entities prohibited in Section 951 of Title 18 of the Oklahoma
Statutes including but not limited to entities operating as
prescribed by Section 954 of Title 18 of the Oklahoma Statutes,
shall be constructed within a one -hundred-year flood plain; and
2. No new or expanding poultry feeding operations, operate d by
entities prohibited in Section 951 of Title 18 of the Oklahoma
Statutes including but not limited to entities operating as
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prescribed by Section 954 of Title 18 of the Oklahoma Statutes,
shall be constructed within the following minimum buffer areas:
a. one and one-half (1 1/2) miles of the high water mark
of a surface public water supply if the poultry
feeding operation is located within the watershed for
the public water supply,
b. one (1) mile of any designated scenic river area as
specified by the Scenic Rivers Act,
c. one (1) mile of a public drinking water well, and
d. one (1) mile of a water body specified as Outstanding
Resource Waters that has recreational or ecological
significance as outlined by the most current Water
Quality Standards promul gated by the Oklahoma Water
Resources Board
New or expanding poultry feeding operations with more than
thirty thousand (30,000) birds, including , but not limited to,
poultry barns, composters and other carcass disposal areas, litter
sheds and other buildin gs associated with the operation, shall not
be constructed within one -half (1/2) mile of occupied residences.
All distances between occupied residences and poultry feeding
operations shall be measured from the closest corner of the walls of
the occupied residence to the closest point of the registered
poultry feeding operation, excluding land application sites ; and
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3. New or expanding poultry feeding operations, including , but
not limited to, poultry barns, composters and other carcass disposal
areas, litter sheds and other buildings associated with the
operation, shall not be constructed within:
a. one-half (1/2) mile of public schools, a cemetery, a
church, a public park or incorporated city limits,
b. one-tenth (1/10) mile of a public highway or propert y
line. For the purposes of this subparagraph,
"property line" means the division line between two
units of land,
c. one-quarter (1/4) mile of streams identified on a
current USGS 7.5 minute topographic map, and
d. one-fifth (1/5) mile of private wells not owned or
used for the poultry feeding operation .
B. Prior to approval of any application for a new or expanding
poultry feeding operation, the Oklahoma Department of Agriculture,
Food, and Forestry shall con duct a pre-site inspection of the
proposed facility and review and confirm compliance with all setback
requirements contained in this section .
SECTION 2. This act shall become effective November 1, 20 21.
58-1-6369 AMM 01/19/21