Publication Date
5-2020
Abstract
During the past several years, an increasing number of large dairy farms have located, or proposed to locate, in karst terrain in the Midwestern United States. The large amounts of manure produced by such dairy farms proves especially problematic to groundwater in karst terrain. Controversies have erupted in Minnesota, Illinois, and Wisconsin, among other states. In response to the proposed dairies, citizen groups have filed a number of lawsuits against the dairy operators, the dairy industry has filed lawsuits against state agencies, and states have enacted heightened regulations for dairy operations in karst. The majority of the debates have centered on state rules and enforcement. However, local zoning has also been implicated. The outcomes of these actions have been mixed and have led to increased uncertainty for the dairy operation and its neighbors. On the other hand, regulators and courts have struggled to come up with consistent guidelines to deal with dairies in karst. This article reviews the regulation of concentrated animal operations, and particularly manure management within such operations, in selected Midwestern states. The commonalities and differences in the regulations are analyzed. The research finds that regulations focused on karst terrain vary greatly, ranging from no special rules for karst in a number of states, to very detailed and complex regulations in Iowa. Common provisions include vertical separation requirements for distances between manure facilities and bedrock in karst, horizontal separation requirements for surface distances between karst features and manure facilities, and more stringent design and construction requirements for facilities located within karst areas. At least two states, Iowa and Ohio, require geological studies prior to locating concentrated animal facilities within karst areas. The article concludes by suggesting future directions for state regulation of concentrated animal facilities in karst areas. Proactive regulation may reduce conflicts between citizens and animal facility operators in the future.
Rights Information
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.
DOI
https://doi.org/10.5038/9781733375313.1016
Regulation of large dairy farms in karst regions of the United States
During the past several years, an increasing number of large dairy farms have located, or proposed to locate, in karst terrain in the Midwestern United States. The large amounts of manure produced by such dairy farms proves especially problematic to groundwater in karst terrain. Controversies have erupted in Minnesota, Illinois, and Wisconsin, among other states. In response to the proposed dairies, citizen groups have filed a number of lawsuits against the dairy operators, the dairy industry has filed lawsuits against state agencies, and states have enacted heightened regulations for dairy operations in karst. The majority of the debates have centered on state rules and enforcement. However, local zoning has also been implicated. The outcomes of these actions have been mixed and have led to increased uncertainty for the dairy operation and its neighbors. On the other hand, regulators and courts have struggled to come up with consistent guidelines to deal with dairies in karst. This article reviews the regulation of concentrated animal operations, and particularly manure management within such operations, in selected Midwestern states. The commonalities and differences in the regulations are analyzed. The research finds that regulations focused on karst terrain vary greatly, ranging from no special rules for karst in a number of states, to very detailed and complex regulations in Iowa. Common provisions include vertical separation requirements for distances between manure facilities and bedrock in karst, horizontal separation requirements for surface distances between karst features and manure facilities, and more stringent design and construction requirements for facilities located within karst areas. At least two states, Iowa and Ohio, require geological studies prior to locating concentrated animal facilities within karst areas. The article concludes by suggesting future directions for state regulation of concentrated animal facilities in karst areas. Proactive regulation may reduce conflicts between citizens and animal facility operators in the future.
