ATCP 50.56 Note
Note: Section
ATCP 50.62 (1) includes relevant definitions that may be used in a manure storage ordinance.
ATCP 50.56(2)(f)
(f) Conditions, if any, under which the county, city, village or town may require the abandonment of a manure storage system.
ATCP 50.56(2)(g)
(g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the adequacy of related nutrient management practices.
ATCP 50.56 Note
Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.
ATCP 50.56(2)(h)
(h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.56(2)(i)
(i) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.56(3)
(3) Construction provisions. An ordinance adopted under s.
92.16, Stats., shall prohibit any person from constructing a manure storage system unless that person does all of the following:
ATCP 50.56(3)(a)
(a) Obtains a permit from the county, city, village or town that adopts the ordinance.
ATCP 50.56 Note
Note: A nutrient management plan, demonstrating that manure can be properly utilized, should be included with a permit application under par. (a). If the county, city, village or town wants to monitor compliance with the nutrient management plan, its ordinance may include monitoring provisions under sub. (2) (g).
ATCP 50.56(3)(c)1.
1. NRCS technical guide waste storage facility standard 313 (December, 2005).
ATCP 50.56 Note
Note: For information on how to obtain NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, see Appendix G.
ATCP 50.56(4)
(4) Abandonment provisions. An ordinance adopted under s.
92.16, Stats., may prohibit any person from abandoning a manure storage system unless that person does all of the following:
ATCP 50.56(4)(a)
(a) Submits an abandonment plan for approval by the county, city, village or town. The abandonment plan shall comply with the waste facility closure provisions contained in the NRCS technical guide, closure of waste impoundments standard 360 (November, 2006).
ATCP 50.56 Note
Note: An ordinance may apply the abandonment requirements under sub. (4) to any manure storage system, regardless of when that system was installed.
ATCP 50.56 Note
For information on how to obtain NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, see Appendix G.
ATCP 50.56(5)
(5) County review. Before a county, city, village or town adopts or amends a manure storage ordinance under s.
92.16, Stats., the county, city, village or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.56(6)
(6) Department review. Before a county, city, village or town adopts or amends an ordinance under s.
92.16, Stats., the county, city, village or town shall submit the ordinance to the department. The department shall review the ordinance for consistency with this chapter. The department may ask the county, city, village or town for information that it needs to perform the review.
ATCP 50.56 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (3) (c) 1., 2. and (4) (a)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.58
ATCP 50.58
Shoreland management; ordinance. ATCP 50.58(1)(1)
General. A county, city, village or town may adopt or amend a shoreland management ordinance under s.
92.17, Stats., with department approval.
ATCP 50.58 Note
Note: This subsection does not limit the authority of a county, city, village or town to adopt a shoreland management ordinance under other applicable law.
ATCP 50.58(2)
(2) Contents. An ordinance adopted under s.
92.17, Stats., shall include all of the following provisions:
ATCP 50.58(2)(a)
(a) The authority of the county, city, village or town to adopt the ordinance.
ATCP 50.58(2)(b)
(b) The purpose for the ordinance, and the findings that prompted the county, city, village or town to adopt the ordinance.
ATCP 50.58(2)(d)
(d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.
ATCP 50.58(2)(e)
(e) Soil and water resource management practices or compliance standards required under the ordinance.
ATCP 50.58(2)(f)
(f) Procedures for developing and approving conservation plans, if required under the ordinance.
ATCP 50.58(2)(g)
(g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.58(2)(h)
(h) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.58(3)
(3) County review. Before a county, city, village or town adopts or amends a shoreland management ordinance under s.
92.17, Stats., the county, city, village or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.58(4)(a)(a) A county, city, village or town may submit a proposed ordinance or amendment for department approval under
sub. (1). Except as provided in
par. (c), the county, city, village or town shall submit all of the following with the proposed ordinance or amendment:
ATCP 50.58(4)(a)2.
2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.
ATCP 50.58(4)(a)3.
3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs.
59 to
68, Stats.
ATCP 50.58(4)(b)
(b) Except as provided in
par. (c), the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under
sub. (1). The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.
ATCP 50.58 Note
Note: DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs.
NR 115 and
117.
ATCP 50.58(4)(c)
(c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under
par. (a), if the department finds that the amendment involves no significant legal or policy issues.
ATCP 50.58(4)(d)
(d) The department may approve a shoreland management ordinance or amendment proposed under s.
92.17, Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s.
92.17, Stats.
ATCP 50.58(4)(e)
(e) Whenever a county, city, village or town adopts a shoreland management ordinance under s.
92.17, Stats., the county, city, village or town shall file a certified copy of the adopted ordinance with the department.
ATCP 50.58 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.60
ATCP 50.60
Livestock operations; local regulation. ATCP 50.60(1)(1)
Local regulations that exceed state standards; approval required. ATCP 50.60(1)(a)(a) Except as provided in
par. (b), no local regulation may require nutrient management or other conservation practices for livestock operations that exceed the practices required under
s. ATCP 50.04 unless the department or DNR approves those requirements under this section or
s. NR 151.096.
ATCP 50.60 Note
Note: See s.
92.15, Stats. A person adversely affected by a local livestock regulation may oppose its adoption at the local level. The person may also challenge a local regulation in court if the person believes that the local governmental unit has violated par. (a) or s.
92.15, Stats. A local governmental unit is responsible for analyzing the legal adequacy of its regulations, and may exercise its own legal judgment in deciding whether to seek state approval under this section.
ATCP 50.60 Note
A local permit requirement does not, by itself, violate par. (a). But permit conditions codified in a local regulation must comply with par. (a). If a local governmental unit routinely requires permit holders to comply with uncodified conservation requirements that exceed state standards, those uncodified requirements may be subject to court challenge under s.
92.15, Stats., and par. (a) as de facto regulatory enactments. A local governmental unit may forestall a legal challenge by codifying standard permit conditions and obtaining any necessary state approval under this section. The department will review codified regulations under sub. (2), but will not review individual permits or uncodified permit conditions.
ATCP 50.60(1)(b)1.
1. Local regulation of cropping practices that are not directly related to a livestock operation.
ATCP 50.60(1)(b)2.
2. Local regulations enacted prior to October 1, 2002. This does not limit the application of s.
92.15, Stats., to those local regulations.
ATCP 50.60(2)(a)(a) To obtain department approval under
sub. (1) (a) for an existing or proposed regulation, the head of the local governmental unit or the chair of the local governmental unit's governing board shall do all the following:
ATCP 50.60(2)(a)2.
2. Identify the provisions of the regulation for which the local governmental unit seeks approval.
ATCP 50.60(2)(a)3.
3. Submit documentation showing why the identified provisions are needed to achieve compliance with water quality standards, and why compliance cannot be achieved by less stringent provisions.
ATCP 50.60(2)(b)
(b) Within 90 days after the department receives a complete application under
par. (a), the department shall grant or deny the requested approval. Before the department grants or denies the application, the department shall solicit a recommendation from DNR. The department shall issue its decision in writing, and shall state the reasons for its decision.
ATCP 50.60 Note
Note: The department may identify other concerns related to a proposed ordinance, but will not formally approve or disapprove any ordinance provisions other than those identified by the local governmental unit under par. (a) 2. The department does not assume responsibility for the affirmative review and approval of every provision of every local regulation.
ATCP 50.60(2)(c)
(c) The department may approve a provision identified under
par. (a) 2. if the department finds that the provision is necessary to achieve compliance with water quality standards under s.
281.15, Stats., and that compliance cannot reasonably be achieved by less restrictive means.
ATCP 50.60(2)(d)
(d) The department may not review or approve individual permits or permit conditions under this subsection, except that the department may review standard permit conditions that are codified in a local regulation. The department may approve those codified conditions if they meet the standard for approval under
par. (c).
ATCP 50.60 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.61
ATCP 50.61
General standards for cost-shared practices. ATCP 50.61(1)(1)
Cost-shared practices must comply. Cost-shared practices under this chapter shall comply with applicable standards under this subchapter.
ATCP 50.61(2)
(2) Standards adopted by rule. The department may not adopt, amend or repeal standards under this subchapter, except by rule.
ATCP 50.61 Note
Note: Before the department adopts, amends or repeals a standard by rule, the department will consider the recommendations of the standards oversight council, a voluntary multi-agency council that works to share technical information and coordinate technical standards among participating agencies. In order to adopt, amend or repeal a standard by rule, the department must follow the procedures in ch.
227, Stats.
ATCP 50.62(1)(a)
(a) "Animal feeding operation" means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or management constitute a single animal feeding operation if any of the following apply:
ATCP 50.62(1)(a)2.
2. The operations use common plans, acreage or systems to landspread manure or other wastes.
ATCP 50.62(1)(a)3.
3. Manure, barnyard runoff or other wastes are commingled in a common storage facility prior to landspreading.
ATCP 50.62(1)(b)
(b) "Manure management system" means a system of one or more practices, facilities, techniques or measures used to prevent or reduce pollutants associated with manure. A "manure management system" may include one or more of the following:
ATCP 50.62(1)(c)
(c) "Manure storage facility" means one or more manure storage structures. "Manure storage facility" includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Manure storage facility" does not include equipment used to apply manure to land.
