The MDA Local Land Use and Siting Program can provide information and guidance to producers who may be considering new operations or expansion of existing operations.

Quality of life in Minnesota is exceptional and the land of 10,000 lakes is also home to cultural urban centers, colleges and research centers and many outdoor recreational opportunities. Minnesota is a prime location for siting livestock operations and being centrally located in North America has certain advantages in regards to marketing strategies for Minnesota’s livestock and crop producers. While there are many amenities, there are some questions that may come to mind when siting new livestock operations and expanding or modifying existing operations. This addresses some of these questions.

Some initial questions from producers include:

1. What regulations and processes do I have to be aware of? There are a variety of local, state and federal feedlot rules and permitting processes in place to protect Minnesota’s natural resources. Your County Feedlot Officer (CFO) and/or planning and zoning office is your best source of information about local feedlot permit requirements and can guide you to individual townships if there are additional requirements. Also, check with municipalities for permit requirements if located in a recently annexed township.
2. Do I need to be aware of zoning districts, re-zonings and non-conforming parcels? Yes. You should know how property is zoned where your project is to be located and also review minimum acreage requirements of local ordinances, as most land use zoning ordinances will require minimum lot sizes. Keep informed about parcels that are re-zoned from agricultural to non-agricultural uses that are adjacent to your livestock operation. In some situations, older livestock operations may be located on parcels that are now non-conforming due to the size of the parcel because of zoning ordinance changes.
3. What about municipal growth boundaries? Visit with county staff to determine if growth boundaries have been developed near cities and other jurisdictions. Growth boundaries and annexation plans can change due to urban expansion and population shifts, thus impacting livestock siting decisions. Review the content of local comprehensive land use plans in regards to current land uses and future land use projections in the county where your proposed project will be. Get involved with your local planning process to keep abreast of planning activities.
4. Are there any setbacks that I should be award of? Yes. Reciprocal setbacks between livestock operations and residential dwellings will vary from county to county and township to township. Reciprocal setbacks are required by state statute. You may be able to obtain some relief from some setbacks by applying for a variance from local setback requirements. There are also state manure application setbacks that you need to be aware of. Townships or counties may also have additional manure setback requirements. Contact your local CFO or planning and zoning office for more information.
5. Are permits required for road accesses, restrictions, weight limits and drag hoses? Yes, depending on the township or county. Work with the local township, city, county highway department and the Minnesota Department of Transportation to keep abreast of road access permits, seasonal road restrictions, weight limits and permit requirements to place manure drag hoses in road rights-of-ways. Visit early with these agencies to obtain your permits for the manure hauling season, which may help you avoid delays in receiving appropriate permits for these types of activities.
6. Are there animal unit caps and Conditional Use Permit (CUP) requirements? Yes, but not in all cities, counties or townships. Obtain a copy of the local zoning ordinances from these jurisdictions to determine if animal unit caps exist and what the thresholds are for both public hearings and conditional use permit requirements. The State of Minnesota does not have animal unit caps.
7. What do I need to know about high phosphorus soils and manure management? If you are applying manure on high phosphorus soils, you are required to implement best management practices to limit or reduce the amount of phosphorus being applied. Managing high phosphorus soils may impact the amount of acres you will need to obtain for applying manure. If you are locating potential manure application acres for a new livestock operation, do your research and determine if manure application acres are available and if the acres are within “Special Protection Areas” as per state feedlot rules. There are many other requirements for manure management plans, record keeping, soil tests and manure nutrient tests set forth by the state feedlot rules.
8. What are Wellhead Protection Areas (WHPA) and Drinking Water Supply Management Areas (DWSMA)? What About Wellhead Protection Areas (WHPA) and Drinking Water Supply Management Areas (DWSMA)? Cities and municipalities are required to develop wellhead protection plans to ensure that water supplies are safe for drinking water and other public uses. Be sure to visit with your local CFO about special requirements for new livestock operations, expansions, modifications and manure applications in or near these areas.
9. Do I need a Water Appropriation Permit (WAP) or a permit to drill a new well for my livestock operation? Do I Need a Water Appropriation Permit (WAP) or a Permit to Drill a New Well For my Livestock Operation? Yes, you may need a WAP from the Minnesota Department of Natural Resources (DNR) depending on the amount of water you will be using for livestock consumption. Also, the Minnesota Department of Health (MDH) has certain requirements for new wells. Give consideration to water supply issues prior to applying for your feedlot permits from the township, county and state as water supply issues may be the limiting factor for your project. Contact your CFO to obtain more information.
10. What considerations should be given for local geologic and soils conditions? What Considerations Should be Given for Local Geologic and Soils Conditions? Locating a new livestock operation in sensitive soils or geologic conditions such as Karst topography will affect engineering decisions and you may need to install additional safeguards. Soil and Water Conservation Districts (SWCD) and Natural Resources Conservation Service (NRCS) offices across the state are excellent sources of information for general geology, Karst geology or soils inquiries.
    
    Photograph of a soil probe truck used to collect soils information. SWCD and NRCS staff and private firms utilize this type of equipment to gather site specific information and to determine soil properties.
    
    Additional resources are the DNR and the Minnesota Geological Survey, which have developed Geologic Atlases for many counties in Minnesota to gain further insight into local geologic conditions. Your local CFO can also guide you to more information about Minnesota’s geology and soils.
11. Can I locate a new livestock operation in shoreland or floodplain areas? Can I Locate a New Livestock Operation in Shoreland or Floodplain Areas? No. New livestock operations and new manure storage structures are not allowed in shoreland or floodplain areas. Existing operations may be allowed to expand or modify in shoreland areas as long as animal unit numbers are kept below 1,000 animal units and there is no further encroachment into shoreland areas. Existing operations in floodplain are not allowed to expand in floodplain. Contact your CFO or planning and zoning office to determine where shoreland and floodplain areas are located in your county.
12. Do I need to give consideration to impaired waters, TMDLs and drainage ditches? Do I Need to Give Consideration to Impaired Waters, TMDLs and Drainage Ditches? Yes. The location of impaired waters, Total Maximum Daily Load (TMDL) designated water bodies and waterways needs to be considered when siting new operations. Work with local officials to determine the locations of public county and judicial ditch systems, private drainage ditches and other waterways.
13. Are there special stormwater requirements I should be ware of before and during construction? Are There Special Stormwater Requirements That I Need to be Aware of Before and During Construction? Yes. If your project is disturbing one acre or more, you will need to work with the MPCA to ensure that you will meet stormwater requirements such as installing silt fences, constructing stormwater runoff ponds and possibly developing a stormwater pollution prevention plan, depending on the scope of your project. You may also need a permit to discharge clean water into township or county ditches.
14. Is there any cost-share and technical assistance available for my project? Is There any Cost-share and Technical Assistance Available for my Project? If you are constructing a new livestock operation, there are no state or federal cost-share funds available for constructing barns or manure storage structures. If you are an existing operation with a runoff problem and have plans to modify or expand, cost-share and technical assistance may be available. However, local SWCD and NRCS offices will make the final determination if cost-share and technical assistance is available for your existing project.