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ATCP 51.01(39)(c) (c) An area within 300 feet upslope or 100 feet downslope of a karst feature.
ATCP 51.01(39)(d) (d) A channel with a cross-sectional area equal to or greater than 3 square feet that flows to a karst feature.
ATCP 51.01(39)(e) (e) An area where the soil depth to groundwater or bedrock is less than 2 feet.
ATCP 51.01(39)(f) (f) An area where none of the following separates the ground surface from groundwater and bedrock:
ATCP 51.01(39)(f)1. 1. A soil layer at least 2 feet deep that has at least 40% fine soil particles.
ATCP 51.01(39)(f)2. 2. A soil layer at least 3 feet deep that has at least 20% fine soil particles.
ATCP 51.01(39)(f)3. 3. A soil layer at least 5 feet deep that has at least 10% fine soil particles.
ATCP 51.01 Note Note: See s. NR 151.015 (18).
ATCP 51.01(40) (40) "Substantially altered" livestock structure means a livestock structure that undergoes a material change in construction or use, including any of the following material changes:
ATCP 51.01(40)(a) (a) An increase in the capacity of a waste storage facility.
ATCP 51.01(40)(b) (b) The addition of a liner to a waste storage facility.
ATCP 51.01(40)(c) (c) An increase of more than 20% in the area or capacity of a livestock structure used to house, feed or confine livestock, or to store livestock feed.
ATCP 51.01(40)(d) (d) An increase of more than 20% in the number of animal units that will be kept in a livestock structure on at least 90 days in any 12-month period.
ATCP 51.01(41) (41) "Unconfined manure pile" means a quantity of manure at least 175 cubic feet in volume that covers the ground surface to a depth of at least 2 inches, but does not include any of the following:
ATCP 51.01(41)(a) (a) Manure that is confined within a manure storage facility, livestock housing structure or barnyard runoff control facility.
ATCP 51.01(41)(b) (b) Manure that is covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater.
ATCP 51.01(42) (42) "Waste" means manure, milking center waste and other organic waste generated by a livestock facility.
ATCP 51.01(43) (43) "Waste storage facility" means one or more waste storage structures. "Waste storage facility" includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Waste storage facility" does not include equipment used to apply waste to land.
ATCP 51.01(44) (44) "Waste storage structure" means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Waste storage structure" does not include equipment used to apply waste to land. For purposes of ss. ATCP 51.12 (2) and 51.14, "waste storage structure" does not include any of the following:
ATCP 51.01(44)(a) (a) A structure used to collect and store waste under a livestock housing facility.
ATCP 51.01(44)(b) (b) A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
ATCP 51.01(45) (45) "Waters of the state" has the meaning given in s. 283.01 (20), Stats.
ATCP 51.01(46) (46) "Winter grazing area" means cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. "Winter grazing area" does not include any of the following:
ATCP 51.01(46)(a) (a) An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
ATCP 51.01(46)(b) (b) An area which at any time has an average of more than 4 livestock animal units per acre.
ATCP 51.01(46)(c) (c) An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.
ATCP 51.01(46)(d) (d) An area in which manure deposited by livestock causes nutrient levels to exceed standards in s. ATCP 51.16.
ATCP 51.01(47) (47) "WPDES permit" means a Wisconsin pollutant discharge elimination system permit issued by DNR under ch. NR 243.
ATCP 51.01 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.02 ATCP 51.02 Scope of this chapter.
ATCP 51.02(1) (1) This chapter applies to local approvals of the following livestock facilities:
ATCP 51.02(1)(a) (a) A new or expanded livestock facility that will have 500 or more animal units.
ATCP 51.02(1)(b) (b) A new or expanded livestock facility that will exceed a lower size threshold, for a special exception or conditional use permit, if the threshold is expressed in terms of a specific number of animals or animal units and was incorporated in a local zoning ordinance prior to July 19, 2003.
ATCP 51.02 Note Note: Some, but not all, political subdivisions require local approval of new or expanded livestock facilities. The livestock facility siting law does not require local approval. But if local approval is required, the political subdivision must grant or deny approval based on this chapter. A political subdivision may not consider other siting criteria, or apply standards that differ from this chapter, except as provided in the livestock facility siting law or this chapter.
ATCP 51.02 Note A political subdivision may not require local approval for new or expanded livestock facilities smaller than 500 animal units, except as specifically authorized by the livestock facility siting law and this chapter. A political subdivision may apply a lower size threshold adopted by ordinance prior to July 19, 2003 if that threshold is expressed as a specific number of animals or animal units. A local threshold expressed in locally-defined "animal units" may meet this test, because it effectively indicates a specific number of animals, even if the local ordinance definition of "animal units" differs from the definition in this chapter. However the local application and approval process must use the "animal units" definition in this chapter.
ATCP 51.02 Note Local approvals under this chapter "run with the land." See s. ATCP 51.08. They normally continue to apply, despite changes in ownership, as long as subsequent owners do not violate the terms of the local approval. Some ordinances might require a pro forma permit transfer with each transfer of ownership, but that transfer may not ordinarily limit the scope of approval.
ATCP 51.02 Note A livestock operator is not required to obtain local approval under this chapter for the construction, repair or improvement of livestock structures, unless the operator also adds "animal units" for which local approval is required (local building codes and manure storage ordinances may apply). However, a political subdivision may withdraw a local approval granted under this chapter if the livestock operator does any of the following (see s. ATCP 51.34 (4)):
ATCP 51.02 Note Without local authorization, alters the approved livestock facility in a way that materially violates the terms of the local approval.
ATCP 51.02 Note Alters the approved livestock facility so that the altered facility violates the standards in subch. II.
ATCP 51.02(2) (2) This chapter does not apply to any of the following:
ATCP 51.02(2)(a) (a) Livestock facilities other than those in sub. (1) that require local approval.
ATCP 51.02(2)(b) (b) An approval required by a political subdivision within the scope of its authority under s. 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 or 87.30, Stats.
ATCP 51.02 Note Note: See s. 93.90 (3) (a) 3., Stats. The statutes listed in par. (b) pertain to shoreland zoning, floodplain zoning, construction site erosion control and stormwater management.
ATCP 51.02(2)(c) (c) An approval required under a local building, electrical or plumbing code, if the standards for approval are consistent with standards established under the state building, electrical or plumbing code for that type of facility.
ATCP 51.02 Note Note: See s. 93.90 (3) (a) 4., Stats.
ATCP 51.02 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.04 ATCP 51.04 Animal units. In this chapter, and in every local approval or application for local approval under this chapter, the number of animal units kept or authorized at a livestock facility means the maximum number of animal units that are or may be kept on at least 90 days in any 12-month period.
ATCP 51.04 Note Note: This section accounts for normal day-to-day and seasonal variations in livestock numbers, as livestock are born, received, moved and marketed. See s. 93.90 (3) (f), Stats.
ATCP 51.04 Note Under this chapter, an applicant for local approval must specify the number of "animal units" for which the applicant seeks authorization. If the application is approved, the approval authorizes that number of "animal units." The authorized number is the maximum number of "animal units" that may be kept on 90 or more days in any 12-month period. A livestock operator may not exceed that authorized number without further local approval.
ATCP 51.04 Note "Animal unit" equivalents, for different species and types of livestock, are shown in Appendix A, worksheet 1 (animal units). The "animal unit" equivalents are based on s. NR 243.03 (3) as it existed on April 27, 2004 (the date on which the livestock facility siting law, 2003 Wis. Act 235, was published). See s. 93.90 (1m) (a), Stats., and s. ATCP 51.01 (4).
ATCP 51.04 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.06 ATCP 51.06 Local approval of existing livestock facilities.
ATCP 51.06(1)(1) General. Except as provided in sub. (2), a local ordinance may not require local approval under this chapter for any of the following:
ATCP 51.06(1)(a) (a) A livestock facility that existed before May 1, 2006 or before the effective date of the local approval requirement.
ATCP 51.06(1)(b) (b) A livestock facility that the political subdivision has already approved. A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.
ATCP 51.06 Note Note: For example, if a political subdivision has already approved construction of a livestock facility that was reasonably designed to house up to 800 "animal units," that approval authorizes the operator to keep up to 800 "animal units" at that facility (even if the scope of approval is not explicitly stated in terms of "animal units").
ATCP 51.06(2) (2)Expansions. A local ordinance may require local approval under this chapter for the expansion of a pre-existing or previously approved livestock facility under sub. (1) if the number of animal units kept at the expanded livestock facility will exceed all of the following:
ATCP 51.06(2)(a) (a) The applicable size threshold for local approval under s. ATCP 51.02 (1).
ATCP 51.06(2)(b) (b) The maximum number previously approved or, if no maximum number was previously approved, a number that is 20% higher than the number kept on May 1, 2006 or on the effective date of the approval requirement, whichever date is later.
ATCP 51.06 Note Note: Consider the following examples:
ATCP 51.06 Note Example 1: Suppose that a local ordinance enacted after May 1, 2006 requires local approval for livestock facilities with 500 or more "animal units." "Local approval is not required" for a livestock facility that already has 600 "animal units" on the local ordinance effective date, unless the facility expands to more than 720 "animal units." The number of "animal units" kept on the ordinance effective date means the largest number kept on at least 90 days in the 12 months prior to the ordinance effective date (see s. 93.90 (3) (e), Stats.).
ATCP 51.06 Note Example 2: Suppose that a local ordinance enacted prior to July 19, 2003 requires local approval of livestock facilities with 400 or more "animal units." An expansion from 200 "animal units" (existing facility) to 450 "animal units" (expanded facility) will require local approval, unless the political subdivision has already given its approval. If the political subdivision has already approved construction of a livestock facility that is designed to house up to 450 "animal units," the operator does not need further local approval unless the operator proposes to exceed 450 "animal units."
ATCP 51.06 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.08 ATCP 51.08 Duration of local approval.
ATCP 51.08(1) (1) Except as provided in sub. (2) or s. ATCP 51.34 (4), a local approval under this chapter:
ATCP 51.08(1)(a) (a) Runs with the land and remains in effect despite a change in ownership of the livestock facility or the land on which it is located.
ATCP 51.08 Note Note: Some local ordinances may require a pro forma permit transfer with each transfer of ownership, but that transfer may not limit the scope of the prior approval.
ATCP 51.08(1)(b) (b) Remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted by the approval, and regardless of whether the livestock operator exercises the full authority granted by the approval.
ATCP 51.08 Note Note: For example, if a livestock operator gets local approval under this chapter to expand from 400 "animal units" (existing) to 900 "animal units", the livestock operator may implement the approved expansion over a period of time chosen by the livestock operator. The operator does not lose the approval merely because the operator implements the expansion in gradual stages, or fails to expand by the full amount authorized. However, the operator must at least begin the expansion within 2 years, or face possible loss of approval. See sub. (2).
ATCP 51.08(2) (2) A political subdivision may withdraw a local approval granted under this chapter unless the livestock operator does all of the following within 2 years after a local approval is granted:
ATCP 51.08(2)(a) (a) Begins populating the approved livestock facility.
ATCP 51.08(2)(b) (b) Begins construction on every new or expanded livestock housing structure, and every new or expanded waste storage structure, proposed in the application for local approval.
ATCP 51.08(3) (3) If a local approval is appealed, the local approval is deemed to be granted for purposes of sub. (2) when the appeal is concluded. Withdrawal of a local approval under sub. (2) does not prevent a livestock operator from obtaining a new local approval under this chapter.
ATCP 51.08 Note Note: A political subdivision should exercise sound judgment in deciding whether to withdraw a local approval under sub. (2). The political subdivision may consider extenuating circumstances, such as adverse weather conditions, that may affect an operator's ability to comply. A political subdivision should give the operator prior notice, and a reasonable opportunity to demonstrate compliance, before withdrawing a local approval.
ATCP 51.08 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
subch. II of ch. ATCP 51 Subchapter II — Livestock Facility Siting Standards
ATCP 51.10 ATCP 51.10 Livestock facility siting standards; general.
ATCP 51.10(1)(1) State standards apply. Except as provided in sub. (2) or (3), a political subdivision shall grant or deny local approvals covered by this chapter based on the standards in this subchapter.
ATCP 51.10(2) (2)State standards incorporated in local ordinance. Beginning on November 1, 2006, a political subdivision may not deny a local approval covered by this chapter unless the political subdivision incorporates by local ordinance the standards in this subchapter and the application requirements in subch. III. A local ordinance may incorporate the standards and application requirements by reference, without reproducing them in full.
ATCP 51.10 Note Note: The livestock facility siting law, s. 93.90, Stats., limits the reasons for which a political subdivision may deny local approval. For the first 6 months after the effective date of this chapter, from May 1, 2006 to November 1, 2006, a political subdivision may deny local approval based on standards in this chapter without incorporating those standards by local ordinance. See sub. (1). Sub. (2) applies beginning on November 1, 2006.
ATCP 51.10(3) (3)More stringent local standards. A political subdivision may not apply local standards that are more stringent than the standards in this subchapter unless all of the following apply:
ATCP 51.10(3)(a) (a) The political subdivision is authorized to adopt the local standards under other applicable law.
ATCP 51.10(3)(b) (b) The political subdivision enacted the standards by local ordinance, before the livestock facility operator filed the application for local approval.
ATCP 51.10(3)(c) (c) The political subdivision enacted the standards based on reasonable and scientifically defensible findings of fact adopted by the political subdivision's governing authority.
ATCP 51.10(3)(d) (d) The findings of fact under par. (c) clearly show that the standards are needed to protect public health or safety.
ATCP 51.10 Note Note: See s. 93.90 (3) (ar), Stats.
ATCP 51.10(4) (4)Ordinance provisions filed with department. Within 30 days after a political subdivision enacts an ordinance provision under sub. (2) or (3), the political subdivision shall file a copy of the ordinance provision with the department. Failure to file the ordinance provision with the department does not invalidate the ordinance provision. The political subdivision shall file the ordinance provision, by mail, fax or e-mail, at the following applicable address:
Wisconsin Department of Agriculture,
Trade and Consumer Protection
Agricultural Resource Management Division
Bureau of Land and Water Resources
P.O. Box 8911
Madison, WI 53708-8911
Fax: (608) 224-4615
E-mail: ordinance@datcp.state.wi.us
ATCP 51.10 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.
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