North Carolina § 106-800 - Title.

§ 106-800. Title.

This Article shall be known as the "Swine Farm Siting Act". History (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.) Cross References. - As to moratorium on construction or expansion of swine farms, see notes under G.S. 143-215.10 A. Editor's Note. - Session Laws 1995, c. 420, s. 2, as amended by Session Laws 1995 (Reg. Sess., 1996), c. 626, s. 8, provides: "This act applies to the construction or enlargement, on or after October 1, 1995, of swine houses, lagoons, and land areas onto which waste is applied from a lagoon that are components of a swine farm. This act does not apply under each of the following circumstances: "(1) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to that set forth as the projected population in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources [Department of Environmental Quality] before October 1, 1995. "(2) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of increasing the swine population to the population that the animal waste management system is designed to accommodate as that system is set forth in a registration of the swine operation filed with the Department of Environment, Health, and Natural Resources [Department of Environmental Quality] before October 1, 1995, or as that system is set forth in an animal waste management plan approved before October 1, 1995. "(3) When the construction or enlargement occurs on or after October 1, 1995, for the purpose of complying with applicable animal waste management rules and not for the purpose of increasing the swine population." Session Laws 1995 (Reg. Sess., 1996), c. 626, s. 7(b), provides: "Subsection (a) of this section does not repeal any rule that does not conflict with the amendments to Article 67 of Chapter 106 of the General Statutes made by subsection (a) of this section." Legal Periodicals. - For comment, "The Eight Million Little Pigs - A Cautionary Tale: Statutory and Regulatory Responses to Concentrated Hog Farming," see 31 Wake Forest L. Rev. 851 (1996). For 1997 legislative survey, see 20 Campbell L. Rev. 450. For note, "Preemption Hogwash: North Carolina's Judicial Repeal of Local Authority to Regulate Hog Farms in Craig v. County of Chatham," see 80 N.C.L. Rev. 2121 (2002).