N.C. Gen. Stat. » Chapter 106
NC General Statutes

N.C. Gen. Stat. § 106-803 (2026)

Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms

✓ current as of July 2026
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(a) A swine house or a lagoon that is a component of a swine farm shall be located:

(1) At least 1,500 feet from any occupied residence.

(2) At least 2,500 feet from any school; hospital; church; outdoor recreational facility; national park; State Park, as defined in G.S. 143B-135.44; historic property acquired by the State pursuant to G.S. 121-9 or listed in the North Carolina Register of Historic Places pursuant to G.S. 121-4.1; or child care center, as defined in G.S. 110-86, that is licensed under Article 7 of Chapter 110 of the General Statutes.

(3) At least 500 feet from any property boundary.

(4) At least 500 feet from any well supplying water to a public water system, as defined in G.S. 130A-313.

(5) At least 500 feet from any other well that supplies water for human consumption. This subdivision does not apply to a well located on the same parcel or tract of land on which the swine house or lagoon is located and that supplies water only for use on that parcel or tract of land or for use on adjacent parcels or tracts of land all of which are under common ownership or control.

(a1) The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 75 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal.

(a2) No component of a liquid animal waste management system for which a permit is required under Part 1A of Article 21 of Chapter 143 of the General Statutes, other than a land application site, shall be constructed on land that is located within the 100-year floodplain.

(b) A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds.  (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1; 2015-241, s. 14.30(mm); 2026-11, s. 5(a).)

 

§ 106-804.  Enforcement.

(a) Any person who owns property directly affected by the siting requirements of G.S. 106-803 pursuant to subsection (b) of this section may bring a civil action against the owner or operator of a swine farm who has violated G.S. 106-803 and may seek any one or more of the following:

(1) Injunctive relief.

(2) An order enforcing the siting requirements under G.S. 106-803.

(3) Damages caused by the violation.

(b) A person is directly affected by the siting requirements of G.S. 106-803 only if the person owns a facility or property located within the siting requirements specified under G.S. 106-803.

(c) If the court determines it is appropriate, the court may award court costs, including reasonable attorneys' fees and expert witnesses' fees, to any party. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security. The court shall determine the amount of the bond or security.

(d) Nothing in this section shall restrict any other right that any person may have under any statute or common law to seek injunctive or other relief. (1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)

 

Notes of Decisions
Cited in 2 cases, 2001–2002 · leading case: Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002).
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Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). · cites it 12× “N.C.G.S. § 106-803(a). Swine houses and lagoons must be located at least 1,500 feet away from an occupied residence; 2,500 feet away from a school, hospital, or church; and 500 feet away from “any property boundary” or “well supplying water to a public water system.”
Craig v. Cnty. of Chatham, 545 S.E.2d 455 (N.C. Ct. App. 2001). · cites it 4× “The setback provisions in G.S. § 106-803 read in pertinent part: (a) A swine house or a lagoon that is a component of a swine farm shall be located: (1) At least 1,500 feet from any occupied residence.”
N.C. Gen. Stat. § 106-803(a): 1 case
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). “N.C.G.S. § 106-803(a). Swine houses and lagoons must be located at least 1,500 feet away from an occupied residence; 2,500 feet away from a school, hospital, or church; and 500 feet away from “any property boundary” or “well supplying water to a public water system.”
N.C. Gen. Stat. § 106-803(a)(l): 1 case
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). “N.C.G.S. § 106-803(a). Swine houses and lagoons must be located at least 1,500 feet away from an occupied residence; 2,500 feet away from a school, hospital, or church; and 500 feet away from “any property boundary” or “well supplying water to a public water system.”
N.C. Gen. Stat. § 106-803(al): 1 case
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). “N.C.G.S. § 106-803(a). Swine houses and lagoons must be located at least 1,500 feet away from an occupied residence; 2,500 feet away from a school, hospital, or church; and 500 feet away from “any property boundary” or “well supplying water to a public water system.”
N.C. Gen. Stat. § 106-803(b): 1 case
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). “N.C.G.S. § 106-803(a). Swine houses and lagoons must be located at least 1,500 feet away from an occupied residence; 2,500 feet away from a school, hospital, or church; and 500 feet away from “any property boundary” or “well supplying water to a public water system.”
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