DISSENTING OPINION BY
Judge FRIEDMAN.I respectfully dissent. The majority’s holding is that the Nutrient Management Act1 (NMA) and the regulation at 25 Pa. Code § 83.351 (establishing minimum distances for “manure storage facilities” from property lines and water sources) preempt the setback requirement for “intensive agricultural activities” found in section 804.7(a) of the Richmond Township Zoning Ordinance of 1998 (establishing a minimum distance for “intensive agricultural activities” from other zoning districts and existing residences) (Ordinance). For the following reasons, I disagree.
Stephen R. Burkholder and Darleen G. Burkholder (Landowners) seek to expand their hog raising operation by constructing two new structures: (1) a building to house pigs that have reached the “finishing stage” of the hog raising operation (Finishing Building); and (2) an addition to their “farrowing” and “nursery” building that would allow the Landowners to consolidate those two stages of hog raising in one building (Addition). The Finishing Building would be built over a new manure storage pit; however, the Addition would utilize existing manure storage pits. (Trial ct. op. at 4-5; ZHB’s Findings of Fact, Nos. 16-20.)
Section 804.7(a) of the Ordinance provides: “Intensive agricultural activities shall not be located within one thousand five hundred (1,500) feet of another zoning district or existing residence located within the Agriculture or any other zoning district.” (R.R. at 159a.) Landowners’ new structures would be less than 1,500 feet *1019from zoning district boundaries and/or existing residences. (ZHB’s Findings of Fact, No. 21.) Thus, Landowners seek relief from the requirement.
Landowners argue that section 804.7(a) of the Ordinance is preempted by 25 Pa. Code § 88.351 under section 17 of the NMA, which states:
This act and its provisions are of Statewide concern and occupy the whole field of regulation regarding nutrient management to the exclusion of all local regulations. Upon adoption of the regulations authorized by section 4, no ordinance ... of any political subdivision ... may prohibit or in any way regulate practices related to the storage ... of animal manure ... or to the ... location ... of facilities used for storage of animal manure ... if the municipal ordinance ... is in conflict with this act and the regulations promulgated thereunder. Nothing in this act shall prevent a political subdivision ... from adopting and enforcing ordinances ... which are consistent with and no more stringent than the requirements of this act and the regulations promulgated under this act....
3 P.S. § 1717 (emphases added). The regulation at 25 Pa.Code § 83.351 provides minimum standards for the location of new and expanded “manure storage facilities.” The regulation states that “manure storage facilities” must be located to prevent the pollution of surface water and groundwater and the offsite migration of pollution.2 25 Pa.Code § 83.351(a)(1). The regulation then sets the minimum distances for “manure storage facilities” from perennial streams, rivers, springs, lakes, ponds, reservoirs, private water wells, open sinkholes, active public drinking water wells and surface intakes and property lines; the minimum distances range from 100 feet to 300 feet. See 25 Pa.Code § 83.351.
I. “Manure Storage Facility”
Because 25 Pa.Code § 83.351 pertains to “manure storage facilities,” the regulation cannot preempt section 804.7(a) unless Landowners’ new structures are “manure storage facilities.”
A “manure storage facility” is:
A permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure.... Examples include ... component reception pits and transfer pipes [and] containment structures built under a confinement building.... The term does not include the animal confinement areas of poultry houses, horse stalls, freestall barns or bedded pack animal housing systems.
25 Pa.Code § 83.201 (emphases added). The word “primary” means “first in ... importance.” Webster’s Third New International Dictionary 1800 (1993).
A. Finishing Building
Although the “portion” of the Finishing Building under the animal confinement area is a “manure storage facility,” the animal confinement area itself is not a “manure storage facility” because its primary purpose is not the storage of manure.
*10201.Primary Purpose
The purpose of a finishing building is to house pigs from the time they are eight-to-ten weeks old until they are five-to-six months old, or approximately 250 pounds, and ready for sale. (Trial ct. op. at 3.) Landowners seek to build their new Finishing Building in order to: (1) create a more economic and efficient “all in/all out” operation by eliminating the need to sell any of their pigs as feeder pigs; and (2) improve the health of the pigs by moving them less and by keeping them in clean and dry rooms at all times. (Trial ct. op. at 4.) Given these stated purposes for the Finishing Building, none of which relate to manure storage, I cannot conclude that the primary purpose of the Finishing Building is to store manure. Therefore, I cannot conclude that the Finishing Building, as a whole, is a “manure storage facility.”3
2.Under a Confinement Building
“[Containment structures built under a confinement building” are “manure storage facilities.” 25 Pa.Code § 88.201 (emphasis added). In other words, containment structures built under a confinement building are separate and distinct from the confinement building itself. Although the containment structures are “manure storage facilities,” the confinement building is not a “manure storage facility.” This interpretation of “under a confinement building” is consistent with another part of the definition that states that a “manure storage facility” may be a “portion of a structure” utilized for the primary purpose of containing manure. Id. (emphasis added).
Here, Landowners seek to construct a manure containment structure under a confinement building. Pursuant to the definition, the animal confinement building is not a “manure storage facility.” Only that “portion” of the structure beneath the confinement building utilized for the primary purpose of containing manure is a “manure storage facility.”
3.Other Animal Confinement Areas Excluded
The majority concludes that the animal confinement area of the Finishing Building is a “manure storage facility” because the definition does not list hog confinement areas in its list of specific exclusions. (Majority op. at 1015.) The definition states that the term “manure storage facility” does not include the animal confinement areas of poultry houses, horse stalls, free-stall barns or bedded pack animal housing systems. The majority adopts the view of the trial court that, if the regulation was intended to exclude hog confinement areas from the definition of “manure storage facilities,” hog confinement areas would have appeared in this list of specific exclusions. (Majority op. at 1016-17.)
However, it is clear to me that the definition specifically excludes animal confinement areas in poultry houses, horse stalls, freestall barns 4 and bedded pack5 animal *1021housing systems because those types of animal confinement areas do not have separate manure containment structures under them.6 In poultry houses, etc., the animal manure lies on the floor, so that the manure is “stored” in the same area where the animals are confined. Because the animal manure is not kept in a separate place, the confinement area could be construed as a “manure storage facility” absent the specific exclusion. Of course, in hog raising, the confinement areas do have separate manure containment structures under them; thus, there was no reason to include hog confinement areas in the list of specific exclusions.
Based on the foregoing, I conclude that the confinement area of the Finishing Building is not a “manure storage facility,” and, therefore, the regulation governing the location of “manure storage facilities” does not apply to it. Because the Finishing Building is not a “manure storage facility” subject to 25 Pa.Code § 83.351, section 804.7(a) of the Ordinance may regulate its distance from zoning district lines and existing residences.
B. The Addition
The ZHB made no finding as to whether the Addition would have a manure storage pit beneath it. The trial court specifically found that the Addition would not be built over a manure storage pit but, rather, “would utilize existing storage pits.” (Trial ct.’s op. at 4-5.) Based on this finding, the trial court concluded that, inasmuch as “the Addition is being built separate from the pits, it cannot be considered to be primarily utilized for manure containment purposes.” (Trial ct.’s op. at 17.) Nevertheless, without any discussion, the majority states, “Temporary manure storage would occur in shallow pits directly below the Addition.” (Majority op. at 1009) (emphasis added). I point out that, as an appellate court, we may not make our own findings of fact.
Nonetheless, the majority is correct that, according to the record, the Addition would be built over “a reception pit which is connected by a transfer pipe to the actual manure storage [facility],” (R.R. at 280a), and, if there had been such a finding, there would be no question that “component reception pits and transfer pipes” fall within the definition of “manure storage facility.”7 However, because the trial court found that its primary purpose would be “the furrowing and weaning of young piglets,” not the containing of manure, the confinement area of the Addition would not fall within the definition. (Trial ct.’s op. at 17.)
Based on the foregoing, I conclude that the confinement area of the Addition is not a “manure storage facility,” and, thus, the regulation governing the location of “manure storage facilities” does not apply to it. Because the Addition is not a “manure storage facility” subject to 25 Pa.Code § 83.351, section 804.7(a) of the Ordinance may regulate its distance from zoning district lines and existing residences.
II. No Conflict with the Regulation
Even if the confinement areas of the Finishing Building and Addition were themselves “manure storage facilities,” I perceive no conflict between 25 Pa.Code *1022§ 83.351 and section 804.7(a) of the Ordinance.
The regulation at 25 Pa.Code § 83.351 requires that “manure storage facilities” be located, at a minimum, 100-to-300 feet from property lines and specified water sources. Section 804.7(a) of the Ordinance requires that “intensive agricultural activities” be located 1,500 feet from zoning district lines or existing residences. Because section 804.7(a) pertains only to the distance of an “intense agricultural activity” from zoning district lines and existing residences, not the distance of “manure storage facilities” from water sources and property lines, I submit that section 804.7(a) does not even apply to “manure storage facilities.”8
The majority concludes that section 804.7(a) of the Ordinance must conflict with the regulation because Landowners have complied with the manure storage regulation but still are precluded from expanding their hog-raising operation due to failure to comply with section 804.7(a) of the Ordinance. However, the majority’s position suggests that any restriction on the location of an activity involving a “manure storage facility” is preempted by the NMA and the regulation. Indeed, the majority has removed any distinction between a “manure storage facility” and the activity requiring one. Thus, the majority would allow a landowner to locate a hog-raising operation anywhere that is within 100-to-300 feet of property lines and the specified water sources.9
However, the agency that promulgated 25 Pa.Code § 83.351, i.e., the State Conservation Commission (Commission), has published a Best Management Practices Manual for Livestock and Poultry Operations in Pennsylvania (Manual), which states:
The authority for determining the siting of particular land uses in Pennsylvania, including the siting of animal production facilities, lies with local government.... Operators proposing to build facilities should check with the local municipality to determine if they have zoniny or other land use ordinances that direct where animal production facilities may or may not be sited .... These zoning requirements often designate appropriate areas for agricultural operations, such as large animal production facilities, to assure that they can integrate well into the existing and planning community.
http://www.agriculture.state.pa.us/agricul-ture/lib/ agriculture/pasccfiles/nutrient-management/bmp — manual.pdf; (Manual at 5) (emphasis added).
Following the agency’s construction of its own regulation, I suggest that landowners who are planning to conduct animal raising operations must comply with local zoning ordinances that govern the permitted uses of land. Once a landowner has identified where animal raising operations are permitted, the landowner then must comply with the requirements in 25 Pa. Code § 83.351 with respect to “manure storage facilities” located within the per*1023mitted area. Here, section 804.7(a) of the Ordinance permits the use of land for “intensive agricultural activities” within the rural-agricultural district and 1,500 feet from other zoning districts and existing residences. Thus, Landowners must locate their hog-raising operation within that permitted area, and any “manure storage facilities” within that permitted area must be 100-to-300 feet from property lines and water sources.
Based on the foregoing, I would reverse the trial court to the extent it concluded that 25 Pa.Code § 88.351 preempts section 804.7(a) of the Ordinance with respect to the Finishing Building. I would affirm the trial court to the extent it concluded that 25 Pa.Code § 83.351 does not preempt section 804.7(a) of the Ordinance with respect to the Addition.
Judge PELLEGRINI joins in this dissent.. Act of May 20, 1993, P.L. 12, as amended, 3 P.S. §§ 1701-1718, commonly referred to as "Act 6." Act 6 was repealed by the Act of July 6, 2005, P.L. 112 (Act 38), and similar language is now codified at 3 Pa.C.S. §§ 501-522.
. The Commonwealth has a duty to protect the environment from private injury through the exercise of its police power, i.e., action taken to protect or preserve the public health, safety and welfare. C & M Developers, Inc. v. Bedminster Township Zoning Hearing Board, 573 Pa. 2, 820 A.2d 143 (2002); Machipongo Land and Coal Company, Inc. v. Department of Environmental Protection, 569 Pa. 3, 799 A.2d 751 (2002).
.The majority states that the primary purpose of the Finishing Building is to "facilitate]] the gathering of the manure” into the "manure storage facility.” (Majority op. at 1016.) However, facilitating the gathering of manure is not the same as the storage of manure. No manure at all is actually stored in the confinement area. Moreover, I submit that the majority's understanding of the purpose of the Finishing Building ignores its most important function, i.e., to confine additional pigs so that Landowners can have an "all in/all out” hog raising operation.
. The Environmental Protection Agency (EPA) defines "Freestalls” as: "Resting cubicles or ‘beds’ in which dairy cows are free to enter and leave, as opposed to being confined in stanchions or pens.” http:/ /www.epa.gov/agriculture/aglOl/daiiyglos-sary.html.
. The EPA defines "Bedded pack” as "Open housing in a barn that is commonly used in conjunction with an outside feeding area.” http://www.epa.gov/agriculture/agl01/dairy-glossary.html.
. Neither the majority nor the trial court has cited evidence that, in poultry houses, horse stalls, freestall barns and bedded pack animal housing systems, a manure containment structure is usually built under the animal confinement area.
. I note that the 100-to-300-foot minimum distance requirements in the regulation do not apply to reception pits and transfer pipes. See 25 Pa.Code §§ 83.35l(a)(2)(iv) & (v).
. If section 804.7(a) did pertain to "manure storage facilities” and their distance from property lines and water sources, the ordinance would be consistent with the regulation because the regulation establishes minimum standards and because 1,500 feet is greater than 100-to-300 feet. Section 804.7(a) would be more stringent than the regulation because it would require that "manure storage facilities” be located further than 100-to-300 feet from property lines and water sources.
. Because the minimum distances requirements in 25 Pa.Code § 83.351 do not apply to reception pits and transfer pipes, a landowner using them for manure management could locate a hog-raising operation anywhere.