Regulations

Relocation/Expansion of Dairy Operations in Kansas
The following resources provide an overview of environmental permits and registrations required for new or expanding dairy operations in the State of Kansas.

Kansas Department of Health & Environment (KDHE)
Each Confined Animal Feeding Operation (CAFO) operating in Kansas must be permitted by KDHE Division of Environment. KDHE regulates many activities that may affect the environment including manure management, animal mortalities, and water and air quality. For a guide to the KDHE permitting process for dairies, visit  http://www.kdheks.gov/feedlots/download/DairyGuidance04.pdf

Permit applications and other resources are available from KDHE at http://www.kdheks.gov/feedlots/.

Tip:  Applying for permits early is a good idea to avoid delays in populating. As you consider your timeline, allow 6 months to a year for KDHE to review permit applications and plan sets.

Tip: As of February 28, 2009, each CAFO was required to have a Nutrient Management Plan (NMP) on file with KDHE. New facilities are required to have an NMP prior to the issuance of permits. A NMP is a dynamic plan that must be updated with soil, waste and crop changes annually. For specific information and an example NMP, see the Nutrient Management section at http://www.kdheks.gov/feedlots/.

Terry Medley
Bureau of Water
Livestock Waste Management Section
1000 SW Jackson St., Suite 420
Topeka, KS 66612-1367
(785) 296-0075
FAX: (785) 296-5509

Kansas Department of Agriculture – Division of Water Resources
The Kansas Department of Agriculture’s Water Appropriation Program administers the Kansas Water Appropriation Act and rules and regulations pertaining to the management of water resources. This program issues permits to appropriate water, regulates water use and maintains records of all water rights in the state.

Tip: As you consider the purchase of water rights, be sure the water is physically present and available. Some water appropriations were made many years ago when water availability was different and does not accurately portray current conditions. Also, keep in mind the water rights purchased are for irrigation and a change of use will need to be filed in order to use the water for livestock. There are different water use limitations for livestock use when compared to irrigation used and may result in a loss of as much of 1/3 the appropriate water right.

Kansas Department of Agriculture
Water Appropriation Program
109 SW 9th Street, 2nd Floor
Topeka, KS 66612
Phone: (785) 296-3717
Fax: (785) 296-1176

Kansas Department of Agriculture – Dairy Inspection Program
The Dairy Inspection Program of the Kansas Department of Agriculture issues a permit to each Kansas dairy farm that sells raw milk. http://www.ksda.gov/dairy/content/119

The Grade A Producer Information Packet gives new Kansas Dairy producers some information concerning the construction and operation of a dairy farm in Kansas. Suitable plans for new construction must be submitted to the Kansas Department of Agriculture and approved before starting construction. http://www.ksda.gov/dairy/content/121/cid/842

Kansas Department of Agriculture
Dairy Program
109 SW 9th Street, 3rd Floor
Topeka, KS 66612
(785) 296-3786

For assistance with change of use permits and other permit applications, contact:
KLA Environmental Services
1700 E. Iron
Salina, KS 67401
Phone: (785) 823.0097
 Fax: (785) 823.3724

A list of private consultants can be requested by through the Kansas Department of Health and Environment (KDHE) Bureau of Water, Livestock Waste Management Section at http://www.kdheks.gov/feedlots or by calling 785-296-6432.