Source: NC PORK COUNCIL, 10/9/15

One of the final bills of the 2015 General Assembly session was the NC Farm Act. In that bill was an important provision requested by the NC Pork Council to repeal an outdated regulatory requirement known as the "4 year rule."

Under this rule, if a hog farm had no animals onsite for more than 4 years or if a farm was below 10% of permitted capacity for more than 4 years, the farm would have been required to meet the environmental performance standards (established in 1997 when the moratorium went into effect) before repopulating.

That rule no longer applies.

Effective immediately, farms that have had no animals on-site for less than five years may repopulate with no additional requirements.
A farm that has had no animals on site for more than five years but less than ten years may repopulate but must notify the Division of Water Resources in writing at least 60 days prior to doing so.

The following conditions apply for these new allowances:
1. The farm must have maintained a permit since depopulating.
2. The farm must have not closed the lagoon with public funds, under court order, or under a settlement agreement.
3. No component of the animal waste management system - other than the swine house or land application site - can be located in the 100-year floodplain.
4. A farm cannot exceed the greatest SSLW allowed under the permit when repopulating.
5. If a farm depopulated before Jan 1, 2005, this allowance will not apply.

If you have questions, contact Angie at NCPC.