AB868-ASA1,7,1513
4. The proposed new or expanded livestock facility violates a building,
14electrical, or plumbing code that is consistent with the state building, electrical, or
15plumbing code for that type of facility.
AB868-ASA1,7,1716
5. The proposed new or expanded livestock facility will have 500 or more animal
17units and violates a state standard under sub. (2) (a).
AB868-ASA1,7,2018
6. The proposed new or expanded livestock facility will have 500 or more animal
19units and violates a requirement that is more stringent than the state standards
20under sub. (2) (a) if the political subdivision does all of the following:
AB868-ASA1,7,2221
a. Adopts the requirement by ordinance before the applicant files the
22application for approval.
AB868-ASA1,7,2523
b. Bases the requirement on reasonable and scientifically defensible findings
24of fact, adopted by the political subdivision, that clearly show that the requirement
25is necessary to protect public health or safety.
AB868-ASA1,8,5
18. The proposed new or expanded livestock facility will have fewer than 500
2animal units but will exceed a size threshold for requiring a special exception or
3conditional use permit that was incorporated into the political subdivision's
4ordinances before July 19, 2003, and the proposed new or expanded livestock facility
5violates a state standard under sub. (2) (a).
AB868-ASA1,8,116
9. The proposed new or expanded livestock facility will have fewer than 500
7animal units but will exceed a size threshold for requiring a special exception or
8conditional use permit that was incorporated into the political subdivision's
9ordinances before July 19, 2003, and the proposed new or expanded livestock facility
10violates a requirement that is more stringent than the state standards under sub.
11(2) (a) if the political subdivision does all of the following:
AB868-ASA1,8,1312
a. Adopts the requirement by ordinance before the applicant files the
13application for approval.
AB868-ASA1,8,1614
b. Bases the requirement on reasonable and scientifically defensible findings
15of fact, adopted by the political subdivision, that clearly show that the requirement
16is necessary to protect public health or safety.
AB868-ASA1,8,2017
(ae) A political subdivision that requires a special exception or conditional use
18permit for the siting or expansion of any of the following livestock facilities shall
19require compliance with the applicable state standards under sub. (2) (a) as a
20condition of issuing the special exception or conditional use permit:
AB868-ASA1,8,2121
1. A new or expanded livestock facility that will have 500 or more animal units.
AB868-ASA1,8,2522
2. A new or expanded livestock facility that will have fewer than 500 animal
23units but that will exceed a size threshold for requiring a special exception or
24conditional use permit that was incorporated into the political subdivision's
25ordinances before July 19, 2003.
AB868-ASA1,9,5
1(am) Notwithstanding par. (ae), a political subdivision may apply to a new or
2expanded livestock facility described in par. (ae) 1. or 2., as a condition of issuing a
3special exception or conditional use permit, a setback requirement that is less
4stringent than a setback requirement under sub. (2) (a) if the setback requirement
5is incorporated in the political subdivision's ordinances as a numerical standard.
AB868-ASA1,9,106
(ar) Notwithstanding par. (ae) a political subdivision may apply to a new or
7expanded livestock facility described in par. (ae) 1. or 2., as a condition of issuing a
8special exception or conditional use permit, a requirement that is more stringent
9than the state standards under sub. (2) (a) if the political subdivision does all of the
10following:
AB868-ASA1,9,1211
1. Adopts the requirement by ordinance before the applicant files the
12application for approval.
AB868-ASA1,9,1513
2. Bases the requirement on reasonable and scientifically defensible findings
14of fact, adopted by the political subdivision, that clearly show that the requirement
15is necessary to protect public health or safety.
AB868-ASA1,9,2116
(b) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political
17subdivision may not prohibit a type of livestock facility in an agricultural zoning
18district based on number of animal units if livestock facilities of that type with fewer
19animal units are allowed in that zoning district, unless the political subdivision also
20has an agricultural zoning district in which livestock facilities of that type are
21permitted or conditional uses without respect to number of animal units.
AB868-ASA1,9,2522
(c) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political
23subdivision may not enact or enforce a zoning ordinance with a category of
24agricultural district in which livestock facilities are prohibited unless the political
25subdivision bases that prohibition on reasonable and scientifically defensible
1findings of fact, adopted by the political subdivision, that clearly show that the
2prohibition is necessary to protect public health or safety.
AB868-ASA1,10,83
(d) Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political subdivision that
4requires compliance with state standards under sub. (2) (a) as a condition of issuing
5a special exception or conditional use permit for an expanded livestock facility is not
6required to determine that cost-sharing is available to the operator of the livestock
7facility for facilities or practices needed to comply with those standards if the
8livestock facility will have 500 or more animal units.
AB868-ASA1,10,189
(e) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political
10subdivision may not enact a requirement that a person obtain a special exception or
11conditional use permit for the expansion of a livestock facility that exists when the
12requirement takes effect, except that a political subdivision may enact a requirement
13that a person obtain a special exception or conditional use permit for the expansion
14of a livestock facility that exists when the requirement takes effect if the requirement
15applies only when the number of animal units that the livestock facility will have
16after expansion will exceed by more than 20 percent the largest number of animal
17units that were at the livestock facility for at least 90 days in the 12-month period
18before the requirement takes effect.
AB868-ASA1,10,2219
(f) For the purposes of this subsection, the number of animal units that a
20livestock facility will have is the largest number of animal units that will be fed,
21confined, maintained, or stabled at the livestock facility on at least 90 days in any
2212-month period.
AB868-ASA1,11,3
23(4) Political subdivision procedure. (a) No later than 45 days after a political
24subdivision receives an application for approval, the political subdivision shall notify
25the applicant whether the application for approval is complete and, if it is not
1complete, what information is needed to complete the application for approval. As
2soon as the applicant has provided all of the required information, the political
3subdivision shall notify the applicant that the application for approval is complete.
AB868-ASA1,11,74
(b) A political subdivision shall make a record of its decision making on an
5application for approval, including a recording of any public hearing, copies of
6documents submitted at any public hearing, and copies of any other documents
7provided to the political subdivision in connection with the application for approval.
AB868-ASA1,11,108
(c) A political subdivision shall base its decision on an application for approval
9on written findings of fact that are supported by the evidence in the record under par.
10(b).
AB868-ASA1,11,2011
(d) Except as provided in par. (e), a political subdivision shall approve or
12disapprove an application for approval no more than 90 days after the day on which
13it notifies the applicant that the application for approval is complete. If an applicant
14complies with the rules promulgated under sub. (2) (e) 1. and the information and
15documentation provided by the applicant is sufficient to establish, without
16considering any other information or documentation, that the application complies
17with applicable requirements for approval, the political subdivision shall approve
18the application unless the political subdivision finds, based on other clear and
19convincing information or documentation in the record, that the application does not
20comply with applicable requirements.
AB868-ASA1,11,2521
(e) A political subdivision may extend the time limit in par. (d) if the political
22subdivision needs additional information to determine whether to approve or deny
23the application for approval, if the applicant makes a material modification to the
24application for approval, or for other good cause specified in writing by the political
25subdivision.
AB868-ASA1,12,5
1(5) Review of siting decisions. (a) In this subsection "aggrieved person" means
2a person who applied to a political subdivision for approval of a livestock facility
3siting or expansion, a person who lives within 2 miles of a livestock facility that is
4proposed to be sited or expanded, or a person who owns land within 2 miles of a
5livestock facility that is proposed to be sited or expanded.
AB868-ASA1,12,166
(b) An aggrieved person may challenge the decision of a political subdivision
7on an application for approval on the grounds that the political subdivision
8incorrectly applied the state standards under sub. (2) (a) that are applicable to the
9livestock facility siting or expansion or violated sub. (3), by requesting the board to
10review the decision. An aggrieved person is not required to exhaust the political
11subdivision's administrative remedies before requesting review by the board. An
12aggrieved person shall request a review under this paragraph within 30 days after
13the political subdivision approves or disapproves the application for approval or, if
14the aggrieved person chooses to exhaust the political subdivision's administrative
15remedies, within 30 days after the final decision in the political subdivision's
16administrative review process.
AB868-ASA1,12,2017
(bm) Upon receiving a request under par. (b), the board shall notify the political
18subdivision of the request. The political subdivision shall provide a certified copy of
19the record under sub. (4) to the board within 30 days after the day on which it receives
20the notice.
AB868-ASA1,13,521
(c) Upon receiving the certified copy of the record under par. (bm), the board
22shall determine whether the challenge is valid. The board shall make its decision
23without deference to the decision of the political subdivision and shall base its
24decision only on the evidence in the record under sub. (4) (b). In a case that involves
25the application of requirements related to water quality, the board shall consult with
1the department of agriculture, trade and consumer protection or with the
2department of natural resources concerning the application of the requirements
3related to water quality. The board shall make its decision within 60 days after the
4day on which it receives the certified copy of the record under par. (bm), except that
5the board may extend this time limit for good cause specified in writing by the board.
AB868-ASA1,13,106
(d) If the board determines that a challenge is valid, the board shall reverse the
7decision of the political subdivision. The decision of the board is binding on the
8political subdivision, subject to par. (e). If a political subdivision fails to comply with
9a decision of the board that has not been appealed under par. (e), an aggrieved person
10may bring an action to enforce the decision.
AB868-ASA1,13,1311
(e) An aggrieved person or the political subdivision may appeal the decision of
12the board to circuit court. The filing of an appeal does not in itself stay the effect of
13a decision of the board.
AB868-ASA1,13,1614
(f) A circuit court to which a decision of the board is appealed under par. (e) shall
15review the decision of the board based on the evidence in the record under sub. (4)
16(b).
AB868-ASA1, s. 3
17Section
3. 165.25 (4) (as) of the statutes is created to read:
AB868-ASA1,13,2018
165.25
(4) (as) The department of justice shall furnish legal services to the
19livestock facility siting review board in defending appeals under s. 93.90 (5) (e) of
20decisions of the board.
AB868-ASA1,14,222
(1)
Proposed rules. The department of agriculture, trade and consumer
23protection shall submit in proposed form the rules required under section 93.90 (2)
24(a) and (e) of the statutes, as created by this act, to the legislative council staff under
1section 227.15 (1) of the statutes no later than the first day of the 12th month
2beginning after the effective date of this subsection.
AB868-ASA1,14,63
(2)
Terms of initial board members. Notwithstanding the length of the terms
4specified for members of the livestock facility siting review board in section 15.135
5(1) (b) of the statutes, as created by this act, the initial members shall be appointed
6for the following terms:
AB868-ASA1,14,87
(a)
The member appointed under section 15.135 (1) (a) 1. of the statutes, as
8created by this act, for a term expiring on May 1, 2007.
AB868-ASA1,14,109
(b)
The member appointed under section 15.135 (1) (a) 2. of the statutes, as
10created by this act, for a term expiring on May 1, 2008.
AB868-ASA1,14,1311
(c)
The member appointed under section 15.135 (1) (a) 3. of the statutes, as
12created by this act, and one member appointed under section 15.135 (1) (a) 5. of the
13statutes, as created by this act, for terms expiring on May 1, 2009.
AB868-ASA1,14,1614
(d)
The member appointed under section 15.135 (1) (a) 4. of the statutes, as
15created by this act, and one member appointed under section 15.135 (1) (a) 5. of the
16statutes, as created by this act, for terms expiring on May 1, 2010.
AB868-ASA1,14,1817
(e) One member appointed under section 15.135 (1) (a) 5. of the statutes, as
18created by this act, for a term expiring on May 1, 2011.
AB868-ASA1,14,2220
(1) The treatment of section 93.90 of the statutes first applies to applications
21for approval of livestock facility siting or expansion that are received on the effective
22date of this subsection.
AB868-ASA1, s. 6
23Section
6.
Effective dates. This act takes effect on the day after publication,
24except as follows:
AB868-ASA1,15,2
1(1)
The treatment of section 93.90 of the statutes and
Section
5 (1
) takes effect
2on the first day of the 18th month beginning after publication.