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Session of 2026
HOUSE BILL No. 2693
By Committee on Agriculture and Natural Resources
Requested by Representative Featherston on behalf of the Kansas Sierra Club
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AN ACT concerning agriculture; relating to the application of swine
waste; prohibiting certain applications except with low-pressure drop
nozzles within an average height of three feet and using secretary-
approved methods; requiring contour buffer strips for application on
land with slopes of 3% or greater; establishing setback rules for
property lines, road rights-of-way, habitable structures, refuges and
parks; requiring applicators to prevent nuisance conditions; amending
K.S.A. 65-1,182 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1,182 is hereby amended to read as follows: 65-
1,182. (a) The department of health and environment shall not issue or
renew a permit for any swine facility that has an animal unit capacity of
1,000 or more and that applies manure or wastewater to land unless:
(1) The land application process complies with the applicable
requirements of this section; and
(2) the nutrient utilization plan required by this section is approved by
the secretary of health and environment as specified by K.S.A. 2-3318, and
amendments thereto.
(b) (1) If the manure management plan prepared pursuant to K.S.A.
65-1,181, and amendments thereto, provides for land application of
manure or wastewater:
(A) The applicant for a permit for construction of a new swine facility
or for expansion of an existing swine facility shall submit with the
application for a permit a nutrient utilization plan on a form prescribed by
the secretary of health and environment as applicable and shall comply
with the plan when the permit is issued by the department of health and
environment; and
(B) the operator of an existing swine facility shall submit to the
department of health and environment, within six months after the rules
and regulations implementing this act are adopted, a nutrient utilization
plan on a form prescribed by the secretary of health and environment, for
approval by the secretary of health and environment and shall comply with
the plan by a date established by the secretary of health and environment.
(2) Each nutrient utilization plan shall address site-specific conditions
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for land application of manure, wastewater and other nutrient sources,
comply with the requirements of this section and contain, at minimum, the
following:
(A) A site map of all land application areas, including section,
township and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrient analyses, and
calculations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of application of manure,
wastewater and other nutrient sources to the land application areas;
(F) the amounts of nitrogen and phosphorus applied to the land
application areas;
(G) precipitation records and the amounts of irrigation and other
water applied;
(H) records of inspections and preventive maintenance of equipment
required by subsection (f)(6)(13);
(I) copies of all landowner agreements for land that is not owned by
the swine facility and is scheduled to receive manure or wastewater;
(J) names of employees and contractors whom the operator of the
swine facility has identified pursuant to subsection (f) (7)(14) to supervise
the process of transferring manure or wastewater to land application
equipment and the process of land application;
(K) records of training of all personnel who supervise and conduct
the land application of manure or wastewater, as required by subsection (f)
(7)(14); and
(L) any other information required by the secretary of health and
environment to facilitate approval.
(3) (A) A swine facility that is required to have a nutrient utilization
plan shall amend such plan whenever warranted by changes in the facility,
soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must be approved by
the secretary of health and environment.
(4) A swine facility that is required to have a nutrient utilization plan
shall maintain such plan in accordance with K.S.A. 65-1,185, and
amendments thereto.
(c) (1) Each swine facility that has a manure management plan that
includes land application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited to tests for nitrogen,
phosphate, chloride, copper and zinc, on the land application areas prior to
preparation of the nutrient utilization plan and at least annually thereafter,
or as often as required by best available soil science and standards relative
to the soils of, and crops to be grown on, the land application areas or as
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required by the secretary of health and environment; and
(B) include the results of such tests in its nutrient utilization plan.
(2) Each swine facility that has a manure management plan that
includes land application of manure or wastewater or sells or gives manure
or wastewater to third persons pursuant to subsection (h) of K.S.A. 65-
1,181(h), and amendments thereto, shall:
(A) Conduct manure nutrient analyses of its manure and wastewater
prior to preparation of its nutrient utilization plan and at least every two
years thereafter; and
(B) include the results of such analyses in its nutrient utilization plan.
(3) Each swine facility that has a manure management plan that
includes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required by subsection (c)
(2) with the soil tests required by subsection (c)(1) to calculate needed
fertility and application rates for pasture production and crop target yields
on the land application areas prior to the preparation of the nutrient
utilization plan and each time thereafter when new soil tests or manure
nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization plan.
(d) If a swine facility is required to have a nutrient utilization plan
and finds that the soil tests required pursuant to this act indicate that the
phosphorus holding capacity for any soils in the facility's land application
areas may be exceeded within five years, the facility shall promptly initiate
the process to obtain access to the additional land application areas
needed, or make other adjustments, to achieve the capability to apply
manure or wastewater at appropriate agronomic rates.
(e) The Kansas department of health and environment may require a
swine facility that is required to have a nutrient utilization plan to apply
manure or wastewater on all or a portion of the facility's land application
areas at a rate within the agronomic phosphorus needs of the crops or
pasture, or the soil phosphorus holding capacity, in less than the time
originally allowed in the approved nutrient utilization plan if the
department of health and environment finds that the land application
actions of the facility are contributing to the impairment of groundwater or
surface water.
(f) (1) Each swine facility that is required to have a nutrient
utilization plan shall include in such plan, and thereafter comply with, the
requirements that manure or wastewater shall not be applied on bare
ground by any process, other than incorporation into the soil during the
same day, within 1,000 feet of any habitable structure, wildlife refuge or
city, county, state or federal park, unless:
(A) The manure or wastewater has been subjected to physical,
biological or biochemical treatment or other treatment method for odor
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reduction approved by the department of health and environment;
(B) the manure or wastewater is applied with innovative treatment or
application that is best available technology for swine facilities and best
management practices for swine facilities or other technology approved by
the department of health and environment; or
(C) the owner of the habitable structure has provided a written waiver
to the facility.
(2) The separation distance requirements of subsection (f)(1) shall not
apply to any structure constructed or park designated as a city, county,
state or federal park after the effective date of this act, for swine facilities
in existence on the effective date of this act, or any structure constructed or
park designated as a city, county, state or federal park after submission of
an application for a permit for a new swine facility or expansion of an
existing swine facility of this section.
(3)(2) Except as otherwise provided in this section, no swine
wastewater shall be applied to land by means of guns, nozzles or similar
devices except for low-pressure drop nozzles that apply swine wastewater
within an average height of three feet or less above ground level. As used
in this section, "low pressure" means 30 psi, or lower, as measured at the
pivot point.
(3) No swine wastewater shall be applied to any land having a slope
of 8% or greater unless such wastewater is directly injected beneath the
soil surface by use of equipment and techniques approved by the secretary
of health and environment.
(4) No swine wastewater shall be applied on land having a slope of
3% or greater unless such land has contour buffer strips planted and
maintained as follows in subparagraphs (A) through (C). Such buffer
strips shall:
(A) Take the form of terraces planted with grasses, the planting of
contour grass strips or any other plantings approved by the secretary of
health and environment to reduce or eliminate the potential for swine
wastewater runoff;
(B) be installed in accordance with the criteria to reduce the
transport of sediment and waste-borne contaminants in NRCS code 332;
and
(C) be at least 35 feet wide when planted and maintained as a buffer
along and within the sides and along the lower elevation boundary of such
lands.
(5) No swine wastewater shall be applied in any manner or under
any conditions that result in wastewater runoff reaching the outside the
boundaries of the application area designated on the approved nutrient
management plan field map.
(6) Swine wastewater:
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(A) May be applied 100 feet or more from the property line of the
land and 100 feet or more from the right-of-way of any county, state or
federal road or highway if applied by low pressure drop nozzles or by
direct injection beneath the soil, using equipment and techniques approved
by the secretary of health and environment;
(B) may be applied 300 feet or more from the property line of the
land and 300 feet or more from the right-of-way of any county, state or
federal road or highway if applied by a method other than low pressure
drop nozzle or direct injection that is approved by the secretary of health
and environment;
(C) shall not be applied closer than 1,000 feet from any habitable
structure, wildlife refuge or city, county, state or federal park regardless of
the method of application unless such swine wastewater is applied not
closer than 500 feet from a habitable structure and the owner or primary
resident of such habitable structure has provided a written waiver to the
facility and the wastewater is applied by direct injection or by low
pressure drop nozzles in a manner that results in the waste being
incorporated into the soil during the same day of application; and
(D) shall not be applied within 100 feet of any down-gradient surface
water, open tile line intake structure, sinkhole, agricultural wellhead or
other conduits to surface water, except that the facility may substitute,
upon approval of the secretary of health and environment, the 100-foot
setback with a 35-foot wide vegetative buffer.
(7) All applications of swine wastewater shall be done in a manner
and under conditions that will prevent the occurrence of nuisance
conditions, including, but not limited to:
(A) Odors;
(B) disease vectors such as flies and rodents;
(C) spray drift; and
(D) contamination of air, water and soils.
(8) Slopes shall be based upon contour lines, at intervals of 10 feet or
less, using United States geological survey 7.5 minutes topographic maps.
Fields shall be as described in the approved nutrient management plan
and as shown on the permit application map designating the area for
swine wastewater application.
(9) Until July 1, 2027, the provisions of subsections (f)(2) and (3)
shall not apply to applications to any field that is listed by an existing
swine facility in such facility's approved nutrient management plan or
waste management plan.
(10) Swine facilities that are required to have a nutrient utilization
plan shall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the
conservation compliance provisions of the federal food security act of
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1985, as in effect on the effective date of this act, and classified as highly
erodible on the basis of erosion resulting from water runoff, except where
soil conservation practices to control erosion and runoff in compliance
with the requirements of this section are identified in the facility's nutrient
utilization plan and are followed by the facility;
(B) during rain storms precipitation events , except where soil
conservation practices to control erosion and runoff in compliance with the
requirements of this section are identified in the facility's nutrient
utilization plan and are followed by the facility;
(C) to frozen, snow-covered or saturated soil, except where soil
conservation practices to control runoff in compliance with the
requirements of this section are identified in the facility's nutrient
utilization plan and are followed by the facility; and
(D) to any areas to which the separation distance requirements of this
subsection (f) apply.
(4)(11) Swine facilities that are required to have a nutrient utilization
plan shall follow procedures and precautions in the land application of
manure or wastewater to prevent discharge of manure or wastewater to
surface water and groundwater due to excess infiltration, penetration of
drainage tile lines, introduction into tile inlets or surface runoff, including
appropriate soil conservation practices to protect surface water from runoff
carrying eroded soil and manure particles.
(5)(12) Swine facilities that are required to have a nutrient utilization
plan and that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that reasonably
prevent surface runoff; and
(B) use reasonable procedures and precautions to avoid spray drift
from the land to which it is applied.
(6)(13) Each swine facility that is required to have a nutrient
utilization plan and that land applies manure or wastewater shall ensure
that any equipment used in the land application process is properly
maintained and calibrated and monitor the use of the equipment so that
any malfunction that develops during the land application process is
detected and the process ceases until the malfunction is corrected.
(7)(14) The operator of each swine facility that is required to have a
nutrient utilization plan and that land applies manure or wastewater shall:
(A) Identify, train and keep current the training of each employee and
contractor who supervises the transfer of manure or wastewater to land
application equipment and the conducting of land application activities;
and
(B) train, and keep current the training of, all employees and
contractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrient utilization
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plan shall amend such plan whenever warranted by changes in conditions.
The operator of the facility shall file such plan and any amendments to
such plan with the department of health and environment.
(h) The secretary of health and environment shall make a
determination to approve or disapprove a nutrient utilization plan not later
than 45 days after the plan is received from the department of health and
environment.
(i) In addition to any other remedy provided by statute or common
law, a person aggrieved by any alleged violation of this section may bring
an action for damages against the operator of the applicable swine
facility.
Sec. 2. K.S.A. 65-1,182 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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