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The following worksheets:
- Animal units (worksheet 1).
- Odor management (worksheet 2).
- Waste and nutrient management (worksheet 3).
- Waste storage facilities (worksheet 4).
- Runoff management (worksheet 5).
- Mortality management (worksheet 6).
An applicant who holds a WPDES permit from DNR for the same proposed livestock facility (and the same or greater number of animal units) is not required to submit worksheets 3, 4 and 5, but must submit worksheets 1, 2 and 6.
The application form includes a notice of other laws that may apply to livestock operations. The notice makes the applicant aware of these laws. But except as specifically provided in this rule, the listed laws are not used as standards for local siting decisions (other compliance and enforcement mechanisms apply).
A local government may not alter the application form (except for limited purposes specified in this rule). A local government may charge a reasonable application fee, not to exceed $500, to offset its costs to review and process the application. A local government may not charge any other fee, or require the applicant to post any bond or security with the local government.
Property Line Setbacks
New livestock structures, and livestock structures enlarged by more than 20%, must comply with property line setbacks under this rule. The following setbacks apply, unless a local ordinance specifies shorter setbacks:
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The structures must be located at least 100 feet from property lines and roads.
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The structures must be located at least 200 feet from property lines other than roads, and 150 feet from roads, if the livestock facility will have 1,000 or more animal units.
Water Quality Setbacks
This rule does not create new water quality setbacks, but requires compliance with applicable shoreland zoning ordinances, floodplain zoning ordinances and well code.
Odor Management; Livestock Structures
The following livestock facilities must have a positive “adjusted odor index," calculated according to the odor management worksheet (worksheet 2):
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A new livestock facility with more than 500 “animal units."
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An expanded livestock facility with more than 1,000 “animal units."
The “adjusted odor index" indicates the likelihood of objectionable odors from livestock structures, based on:
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The type of livestock, and the nature, size and location of livestock structures.
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Distances from high odor livestock structures (such as waste storage facilities) to non-consenting neighbors.
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Odor management and good neighbor practices the applicant will implement.
An applicant can improve the “odor index" score by implementing odor management practices (to reduce odors) and good neighbor practices (which do not reduce odor but may reduce conflicts with neighbors). A local government may also grant some discretionary credit, if it wishes to do so.
Odor Management; Land Application of Stored, Untreated Liquid Manure
A livestock operator must use at least one of the following practices when applying untreated liquid manure that has been stored for at least 7 days:
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Inject the manure directly into the soil.
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Incorporate the manure into the soil within 48 hours (or as soon as weather permits).
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Cover the manure with vegetative residue within 48 hours (or as soon as weather permits).
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Apply the manure at least 500 feet from the nearest “non-affiliated residence" and from the nearest “high public use area" (distances do not apply if owner consents in advance to manure application).
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Apply the manure during only 2 weeks of the year (at least 500 feet from the nearest “high public use area)."
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Comply with an odor management plan approved by the local government (operator proposes plan). A plan might include, for example, advance notice to neighbors or avoiding applications at sensitive times.
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Comply with less restrictive manure application odor setbacks enacted by local ordinance.
This rule does not regulate application of fresh manure (stored less than 7 days), solid or heavily bedded manure, or manure that is effectively treated to reduce odor (such as by anaerobic digestion or substantial dilution).
Waste and Nutrient Management
A livestock operator must manage manure and other waste responsibly, according to standards in this rule. A waste and nutrient management worksheet (worksheet 3) must accompany every application for local approval. The completed worksheet must include all of the following:
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The types and amounts of manure and other waste that the livestock facility will generate.
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Waste storage methods, duration and capacity.
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Final waste disposition (by landspreading or other means).
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Acreage available for landspreading (include map).
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A nutrient management checklist, signed by a qualified nutrient management planner. This checklist is
not required for a livestock facility with fewer than 500 “animal units" if the operator meets a minimum ratio of land to “animal units."
Waste Storage Facilities
Waste storage facilities must meet standards in this rule, to provide reasonable assurance against leakage or structural failure. A waste storage facility worksheet (worksheet 4), signed by a registered professional engineer or certified agricultural engineering practitioner, must accompany an application for local approval.
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New or substantially altered waste storage facilities lots must meet current NRCS construction standards.
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Existing waste storage facilities need not meet current construction standards, but must meet standards to assure against leakage and structural failure.
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Existing facilities waste storage facilities lots must meet be closed according to current NRCS standards.
Runoff Management
To qualify for local approval, a livestock facility must comply with standards to prevent polluted runoff. A runoff management worksheet (worksheet 5) must accompany the application for local approval. A registered professional engineer or certified agricultural engineering practitioner must sign the worksheet.
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New or substantially altered animal lots must meet current NRCS construction standards.
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Existing animal lots need not meet current construction standards, but must meet basic phosphorus runoff standards.
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Feed storage must be managed to prevent significant discharge of leachate or polluted runoff. Special requirements apply to storage of high moisture feed (65% or higher moisture content).
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Runoff from a livestock facility must be diverted from contact with animal lots, manure storage facilities, feed storage areas and manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.
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A livestock facility must be designed, constructed and maintained to prevent overflow of manure storage facilities.
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A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or within 300 feet of a navigable stream.
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A livestock facility may not have unrestricted livestock access to waters of the state, if that access will prevent adequate vegetative cover on banks adjoining the water.
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If the construction of a new or expanded livestock facility will disturb more than one acre of land, the operator must have a construction site erosion control plan (per current DNR rules).
Mortality Management
A mortality management worksheet (worksheet 6) must accompany an application for local approval. The worksheet must describe the operator's plan for disposing of livestock that die at the livestock facility. This rule does not regulate the method of disposal (other laws may apply).
Local Decision
A local government must grant or deny an application within 90 days after it receives a complete application. If the application complies with this rule, the local government must approve the application unless the local government finds, based on other clear and convincing evidence documented in the local record, that the proposed livestock facility fails to meet the standards in this rule. The local government must issue its decision in writing. The decision must be based on written findings of fact included in the decision. The findings must be supported by evidence in the record. The local government must keep a decision-making record.
Under the Livestock Facility Siting Law, an “aggrieved person" may appeal a local decision to the state Livestock Facility Siting Review Board. The Board will review the local decision based on the local record (the Board will not hold a new hearing or collect additional evidence).
Environmental Impact
This rule will protect the environment by establishing clear environmental protection standards for new and expanded livestock facilities that require local approval. It will protect neighboring land uses by establishing reasonable odor management standards and property line setbacks. It will protect surface water and groundwater quality by incorporating existing water quality setbacks, and by establishing reasonable standards related to waste management, waste storage, nutrient management and runoff control. This proposed rule will ensure that applicants for local approval are aware of other environmental laws that may apply, even though those laws are not incorporated as standards for local approval. A complete environmental assessment is available from DATCP.
Fiscal Impact
This proposed rule will have a significant fiscal impact on DATCP and local units of government. DATCP will incur an estimated additional cost of $155,000 annually to administer the Livestock Facility Siting Review Board and carry out other duties. Local governments that require local approval may incur a cost of $600 to $1,500 per approval. Local governments may charge an application fee of up to $500 to offset costs to review and process an application. If there are 50-70 local approvals per year, aggregate local costs for all local governments may range from $5,000 to $70,000 annually. This cost will be offset by savings related to more orderly, less contentious, approval proceedings. A complete fiscal estimate is available from DATCP.
Business Impact
This rule will have a significant impact on livestock businesses in this state. This rule will facilitate the orderly growth and modernization of Wisconsin's critical livestock industry by providing a clearer, more uniform, more objective and more predictable local approval process.
This rule directly affects only a small number of livestock operators – those who voluntarily choose to build new or expanded livestock facilities in jurisdictions that require local approval. The affected facilities will typically have over 500 “animal units" (some smaller facilities may be affected, in local jurisdictions that had lower permit thresholds prior to July 19, 2003).
DATCP estimates that this rule will directly affect only about 50-70 livestock facilities per year. But the rule will have a significant impact in those cases. It will also have a long-term, indirect impact on the growth and development of the state's livestock industry as a whole. The rule will facilitate more orderly planning, more appropriate siting choices, more predictability for livestock operators and their lenders, and more efficient and environmentally sustainable industry development.
Prior to the Livestock Facility Siting Law, some individual livestock operators spent hundreds of thousands of dollars on unsuccessful applications for local siting approval. When local approval was denied, the operators lost income opportunities. Other operators, though ultimately successful, incurred extraordinary (and often unnecessary) costs and delays.
Contentious local proceedings have exacted a heavy emotional toll on livestock operators and their families, and harmed community relations. The unpredictability of local approval has discouraged lending and capital investment.
New and expanding operations will need to comply with regulations spelled out in this rule. This may add costs for some new or expanding operations, but will also save costs related to local siting disputes and litigation. Operators will be able to evaluate compliance needs before applying for local approval, and will be able to plan their investments accordingly.
DATCP has developed preliminary cost estimates for livestock facilities directly affected by this rule. DATCP estimates the following average cost (or savings) range per siting, by livestock facility size category:
Under 500 “animal units:" ($15,500 savings) to $18,500
500 to 1,000 “animal units:" ($46,150 savings) to $48,200
Over 1,000 “animal units:" ($163,590 savings) to $159,000
Based on reports of livestock siting disputes prior to the Livestock Facility Siting Law, DATCP believes that the net costs of this rule may actually be much lower, and that savings may actually be much higher. Net costs may also be offset, in some cases, by government cost-sharing grants. An applicant for local approval is not ordinarily entitled to cost-sharing for conservation practices needed to comply with this rule. However a political subdivision may provide cost-sharing if it wishes.
This rule affects local approval of livestock facilities that will have 500 or more “animal units" (or that will exceed a lower threshold established by local zoning ordinance prior to July 19, 2003). Many of these operators are “small businesses" as defined in s.
227.114 (1), Stats.
This rule will have a significant economic impact on affected small businesses, and is therefore subject to the delayed small business effective date provision in s.
227.22 (2) (e), Stats. That provision automatically delays a rule's applicability to small businesses by 2 months, compared to the effective date for other businesses. A complete business impact analysis, including a small business analysis (“initial regulatory flexibility analysis"), is available from DATCP.
Federal Regulations
This proposed rule addresses local regulation of livestock facility siting. There are no federal regulations that address this topic directly. But the following federal programs have an impact on livestock facilities in this state: Federal Clean Water Act, Federal Clean Air Act, NRCS nutrient management standards, federal conservation incentives.
Regulation in Surrounding States
Among states bordering Wisconsin, there is an apparent trend toward state regulation that pre-empts or standardizes local regulation. State standards can address important concerns such as runoff control and odor management, while providing a more uniform and predictable regulatory environment for farm businesses. Illinois, Michigan and Iowa have established state frameworks for approval of new and expanded livestock facilities, while Minnesota is re-evaluating the state's role in siting decisions.
Notice of Hearing
Commerce
(Credentials, etc., Ch.
Comm 5)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15) (h) to
(j), and
145.14, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 5, relating to welder, electrician and plumber credentials.
