{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-21","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-21","heading":"Liquid swine waste management systems - Location","body":"Except as otherwise provided by Section 20-19 of this title and\n\nsubsection I of this section, swine feeding operations using liquid\n\nswine waste management systems and housing swine in roof-covered\n\nstructures shall not be located within the following applicable\n\ndistances from an occupied residence:\n\nB. Except as otherwise provided by Section 20-19 of this title\n\nand subsection I of this section, new swine feeding operations\n\nestablished on or after November 1, 2011, using liquid swine waste\n\nmanagement systems and housing swine in roof-covered structures\n\nshall not be located within three (3) miles from the outside\n\nboundary of any area or facility with an average annual registered\n\nattendance of not less than two thousand (2,000) people and owned or\n\noperated as a camp or recreational site by a nonprofit organization\n\nestablished prior to application of the swine feeding operation.\n\nC. Except as otherwise provided by Section 20-19 of this title\n\nand subsection I of this section, new swine feeding operations\n\nestablished on or after November 1, 2011, using liquid swine waste\n\nmanagement systems and housing swine in roof-covered structures\n\nshall not be located within one (1) mile from the outside boundary\n\nof any area or facility with an average annual registered attendance\n\nof less than two thousand (2,000) people and owned or operated as a\n\ncamp or recreational site by a nonprofit organization established\n\nprior to application of the swine feeding operation.\n\nD. Except as otherwise provided by this section, no licensed\n\nmanaged feeding operation which applies for a new or expanding\n\nconcentrated swine feeding operation license shall be located within\n\nthree (3) miles of the outside boundary of any area or facility\n\nowned or operated as a camp or recreational site by a nonprofit\n\norganization established prior to application of the concentrated\n\nswine feeding operation.\n\nE. 1. In determining whether any such area or facility is a\n\ncamp or recreational site, the State Board of Agriculture shall\n\nconsider:\n\na. whether a reasonable person, after considering the\n\ntotality of the circumstances, would determine that\n\nthe area or facility is predominately used for camping\n\nor recreational purposes,\n\nb. the type of permanent structures or fixtures of a\n\nrecreational nature located on the land,\n\nc. the frequency with which the site is used for\n\nrecreational purposes,\n\nd. the types of activities which are conducted or engaged\n\nin on the site, and\n\ne. any other factors the Board deems directly relevant to\n\nthe question of whether a site is recreational in\n\nnature.\n\n2. The setbacks contained in subsections B, C and D shall apply\n\nonly if the property was owned or leased by such organization prior\n\nto the construction or establishment of the swine feeding operation.\n\nF. The setback requirements contained in subsections A, B, C or\n\nD of this section shall not apply to any property owner who executes\n\na written waiver with the owner or operator of the swine feeding\n\noperation, under such terms and conditions as are agreed to by the\n\nparties. The written waiver shall be effective upon recording of\n\nthe waiver in the office of the county clerk in the county in which\n\nthe property is located. The filed waiver shall preclude\n\nenforcement of the setback requirements of subsection A, B, C or D\n\nof this section with regard to property described in the waiver and\n\nowned by the person executing the waiver. A change in ownership of\n\nthe applicable property or change in ownership of the property on\n\nwhich the swine feeding operation is located shall not affect the\n\nvalidity of the waiver.\n\nG. No licensed managed feeding operation established after June\n\n10, 1998, which applies for a new or expanding license shall be\n\nlocated:\n\n1. Within three (3) miles of any designated scenic river area\n\nas specified by the Scenic Rivers Act;\nthe applicable property or change in ownership of the property on\n\nwhich the swine feeding operation is located shall not affect the\n\nvalidity of the waiver.\n\nG. No licensed managed feeding operation established after June\n\n10, 1998, which applies for a new or expanding license shall be\n\nlocated:\n\n1. Within three (3) miles of any designated scenic river area\n\nas specified by the Scenic Rivers Act;\n\n2. Within three (3) miles of the outside boundary of any\n\nhistoric property or museum owned by this state;\n\n3. Within three (3) miles of a public drinking water well;\n\n4. Within one (1) mile of a water body specified as outstanding\n\nresource waters that has recreational or ecological significance as\n\noutlined by the most current Oklahoma Water Quality Standards\n\npromulgated by the Department of Environmental Quality; or\n\n5. Within three (3) miles of a national park designated by the\n\nUnited States Department of the Interior National Park Service.\n\nH. All distances between occupied residences and swine feeding\n\noperations shall be measured from the closest corner of the walls of\n\nthe occupied residence to the closest point of the nearest waste\n\nfacility, as determined by the Oklahoma Department of Agriculture,\n\nFood, and Forestry. The property boundary line of the real property\n\nis not used unless it coincides with the closest point of the waste\n\nfacility or occupied residence.\n\nI. The provisions of this section shall not apply to any swine\n\nfeeding operation which has been licensed by or which had submitted\n\nan application to the Department on or prior to March 9, 1998. In\n\naddition, the provisions of this section shall not apply to any\n\nswine feeding operation with a capacity of 2,000 swine animal units\n\nor less which was established prior to June 1, 1998.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b50cbb097d03ec5a6917860f35079d12c695dd064c05592ef73723d4a47ce782","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-20","next":"us-ok/okla.-stat.-tit.-2-2-20-22"},"notice":"GroundRules: Original legal text. Not legal advice."}