North Carolina HB 867: Poultry Waste Management.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 867

Short Title: Poultry Waste Management. (Public)
Sponsors: Representatives Harrison, Butler, Greenfield, and Rubin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 10, 2025
*H867-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A PERMITTING PROGRAM FOR DRY LITTER POULTRY 2
OPERATIONS; TO DIRECT THE ENVIRONMENTAL REVIEW COMMISSION TO 3
STUDY AND DETERMINE THE NUMBER AND LOCATION OF POULTRY FARMS 4
(CAFOS) IN NORTH CAROLINA, THE DRY LITTER WASTE MANAGEMENT 5
SYSTEMS AND PRACTICES THAT ARE EMPLOYED BY THESE FARMS, THE 6
POTENTIAL ENVIRONMENTAL AND HEALTH IMPACTS AND DAMAGES THESE 7
SYSTEMS AND PRACTICES MAY HAVE, AND RECOMMENDATIONS ON HOW 8
BEST TO REGULATE THESE WASTE MANAGEMENT SYSTEMS IN PROTECTING 9
THE ENVIRONMENT AND THE PUBLIC'S HEALTH AND SAFETY; AND TO REVISE 10
WASTE MANAGEMENT PLAN SUBMISSION REQUIREMENTS FOR DRY LITTER 11
POULTRY FACILITIES. 12
Whereas, as poultry production in the United States has increased, the total number 13
of farms has declined; and 14
Whereas, ninety-seven percent (97%) of the 9 billion chickens produced for 15
consumption each year are raised in Concentrated Animal Feeding Operations (CAFOs); and 16
Whereas, it is estimated that in 2022, the State had over 544 million poultry and 4,863 17
dry litter poultry facilities, compared to 8.8 million hogs and 2,489 hog farms; and 18
Whereas, among all animal operations in the State, those with poultry are the largest 19
source of nutrients from waste. The waste produced, known as dry litter, is a mixture of manure, 20
bedding, and feathers that contains heavy metals and pathogens in addition to nutrients; and 21
Whereas, for disposal, the waste is applied onto adjacent fields or trucked a short 22
distance to be used as fertilizer. When mobilized in runoff or subsurface flow, the waste is a 23
threat to water quality; and 24
Whereas, because dry litter poultry operations do not discharge their waste directly to 25
surface waters, they are not regulated under the National Pollution Discharge Elimination System 26
(NPDES), and these operations are deemed permitted unless an illicit discharge is reported and 27
documented by staff; and 28
Whereas, in addition to nutrient pollution from runoff of land application sites, the 29
lack of regulatory oversight for dry poultry litter also threatens surrounding communities through 30
pathogen-laden surface waters, odor and health hazards from disposal of dead birds, and 31
contaminated flood waters; and 32
Whereas, this pollution disproportionately impacts communities of color and 33
jeopardizes economic drivers in all communities; and 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 867-First Edition
Whereas, G.S. 143-215.10C requires that any owner or operator of a dry litter poultry 1
facility that is not subject to federal regulation but that involves 30,000 or more birds shall 2
develop an animal waste management plan; and 3
Whereas, the North Carolina Department of Environmental Quality basin planning 4
group has requested access to any information regarding nutrient loading rates from dry litter 5
poultry operations; and 6
Whereas, a study of the industrial poultry industry would be beneficial to all because 7
there have been substantial technological advances in the disposition of poultry waste, including 8
various recycling technologies such as anaerobic digestion that result in beneficial economic 9
outcomes to both the industry and the public, and there has been significant passage of time since 10
this part of the agricultural sector of the State has been studied; Now, therefore, 11
The General Assembly of North Carolina enacts: 12
13
PART I. PERMITTING OF INDUSTRIAL POULTRY OPERATIONS AND LIMIT 14
THOSE OPERATIONS IN 100-YEAR FLOODPLAIN 15
SECTION 1.(a) G.S. 143-215.10B(1) reads as rewritten: 16
"(1) "Animal operation" means (i) any agricultural feedlot activity involving 250 17
or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more 18
sheep, or 30,000 or more confined poultry with a liquid animal waste 19
management system, or 82,000 or more confined poultry with a dry litter 20
waste management system or (ii) any agricultural feedlot activity with a liquid 21
animal waste management system that discharges to the surface waters of the 22
State. A public livestock market regulated under Article 35 of Chapter 106 of 23
the General Statutes is an animal operation for purposes of this Part." 24
SECTION 1.(b) G.S. 143-215.10C reads as rewritten: 25
"§ 143-215.10C. Applications and permits. 26
(a) No person shall construct or operate an animal waste management system for an 27
animal operation or operate an animal waste management system for a dry litter poultry facility 28
that is required to be permitted under 40 Code of Federal Regulations § 122, as amen