Source:  NC PORK COUNCIL, 7/6/11

In 1995, a law called the "Swine Farm Siting Act" was enacted, establishing setback requirements when locating a new swine farm. The law requires that - unless written permission is given by the owner of the adjacent property and recorded with the Register of Deeds - a swine house must be located at least:
• 1,500 feet from any occupied residence.
• 2,500 feet from any school, hospital, church, outdoor recreational facility, national park, State Park, historic property, or child care center.
• 500 feet from any property boundary.
• 500 feet from any well supplying water to a public water system.
• 500 feet from any other well that supplies water for human consumption.

Enforcement of this law lies only with the facility or property owner in the affected setback area. If a swine farm sited after October 1, 1995, violates the setbacks without obtaining permission from affected property owners, those property owners may bring a civil action against the swine facility.

While swine facilities in existence prior to passage of that law in 1995 were not required to make changes to meet the new setbacks, the law has never been clear on whether a renovation or reconstruction on one of those existing farms would have to meet the setbacks.

There are many reasons a swine house may need a renovation or reconstruction, including the expansion of a sow barn when moving to pen gestation or, as some pork producers found out in mid-April of this year: when a swine house is destroyed by tornado.  

NCPC first sought clarification of this law several years ago to protect a farmer from being exposed to civil action when making these needed renovations or reconstructions of existing barns in a setback area. Finally, this year we were successful.

Sen. David Rouzer (R- Johnson) and Rep. Jimmy Dixon (R-Duplin) both introduced bills to address this important issue and the senate version of the bill was signed into law on June 13, 2011, applying to constructions or renovations occurring on or after that date.

The new law allows for renovations and reconstructions on swine houses built before October 1, 1995, as long as those renovations or reconstructions do not increase the permitted capacity of animals on the farm; increase the permitted capacity of the lagoon; result in any part of the updated structure being any closer to the buildings or property covered in the Swine Farm Siting Act; or result in the location or any part of a structure in the 100-year flood plain.

NCPC is grateful for the work of Sen. Rouzer and Rep. Dixon on this issue.