AB894,9,2018 b. Except as provided in subd. 5. c., the department shall approve an
19application for approval if the proposed livestock facility siting or expansion satisfies
20the standards promulgated by rule under sub. (2) (a).
AB894,9,2421 c. If an application for approval involves a proposed livestock facility siting or
22expansion located in a political subdivision that enacts a requirement under sub. (3)
23(i) 1., the department shall approve the facility's application for approval if the
24facility satisfies the requirements enacted under sub. (3) (i) 1. and standards

1promulgated by rule under sub. (2) (a) that are consistent with the requirements
2enacted under sub. (3) (i) 1.
AB894,11,83 6. Notwithstanding subd. 5. a., if the department of natural resources notifies
4the department of agriculture, trade and consumer protection that the facility that
5is proposed for expansion by the applicant has been the subject of 2 or more notices
6of violation within the preceding 18 months that allege violations concerning actual
7discharges of manure or process wastewaters from the facility in violation of ch. 283,
8any rule promulgated under ch. 283, or any permit issued under ch. 283, the
9department of agriculture, trade and consumer protection is not required to approve
10or disapprove the application for approval within 10 days of the close of the public
11comment period under subd. 4., unless the department of agriculture, trade and
12consumer protection concludes that the application is consistent with resolving the
13notices of violation. The department of agriculture, trade and consumer protection
14shall consult with the department of natural resources after receiving notification
15under this subdivision. The department of natural resources shall make a written
16determination of whether the facility remains in significant noncompliance as
17alleged in the notices of violation and shall provide a copy of the written
18determination to the department of agriculture, trade and consumer protection and
19the applicant within 30 days of the close of the public comment period under subd.
204. If the written determination of the department of natural resources is that the
21facility remains in significant noncompliance, not later than every 30 days thereafter
22the department of natural resources shall make and submit to the department of
23agriculture, trade and consumer protection an additional written determination of
24whether the facility remains in significant noncompliance until the department of
25natural resources makes and submits a written determination that the facility is no

1longer in significant noncompliance. Notwithstanding subd. 5. a., if this subdivision
2applies, the department of agriculture, trade and consumer protection shall approve
3or disapprove an application for approval no more than 10 days after the department
4of natural resources provides the department of agriculture, trade and consumer
5protection with its written determination that the facility does not remain in
6significant noncompliance as alleged in the notices of violation. This subdivision
7does not apply to an application for approval if the department of natural resources
8determines that the applicant will address all actual or alleged violations.
AB894,11,149 7. The department shall make written findings of fact and conclusions of law
10in support of its decision on an application for approval and shall make a record of
11its decision making on an application for approval, including a recording of any
12public hearing, copies of documents submitted at any public hearing or during the
13public comment period under subd. 4., and copies of any other documents provided
14to the department in connection with the application for approval.
AB894,11,1815 8. The department shall provide notice of its decision to the applicant, the
16political subdivisions in which the property that is the subject of the application for
17approval is located, and any other party that submitted written comments during the
18public comment period under subd. 4.
AB894,16 19Section 16 . 93.90 (2m) of the statutes is created to read:
AB894,11,2520 93.90 (2m) Restriction on setbacks for livestock structures and waste
21storage structures.
(a) If a political subdivision establishes a setback requirement
22measured from the nearest point of a highway right-of-way that applies to a
23livestock structure, the setback requirement may not require that the livestock
24structure be located more than 100 feet from the nearest point of any highway
25right-of-way.
AB894,12,4
1(b) A livestock structure constructed on or after the effective date of this
2paragraph .... [LRB inserts date], may be located closer to a property line than any
3setback requirement established by rule by the department or by a political
4subdivision if all of the following apply:
AB894,12,85 1. The owner of the land on which the livestock structure is located and the
6owner of land with a property line within the required setback distance enter into
7a written agreement and record the agreement with the office of the register of deeds
8for the county in which the land is located.
AB894,12,119 2. The setback requirement is satisfied with respect to all land, other than the
10land subject to the agreement described in subd. 1., with a property line within the
11required setback distance.
AB894,17 12Section 17 . 93.90 (3) (title) of the statutes is repealed and recreated to read:
AB894,12,1313 93.90 (3) (title) Local approvals.
AB894,18 14Section 18 . 93.90 (3) (a) (intro.) of the statutes is repealed.
AB894,19 15Section 19 . 93.90 (3) (a) 1. of the statutes is renumbered 93.90 (3) (h) 1.
AB894,20 16Section 20 . 93.90 (3) (a) 2. of the statutes is renumbered 93.90 (3) (h) 2. and
17amended to read:
AB894,12,2018 93.90 (3) (h) 2. The site is located in an agricultural zoning district in which
19the proposed new or expanded livestock facility is prohibited, subject to pars. (b) and
20(c).
par. (i) 2. a. or b.
AB894,21 21Section 21 . 93.90 (3) (a) 3. of the statutes is renumbered 93.90 (3) (h) 3.
AB894,22 22Section 22 . 93.90 (3) (a) 4. of the statutes is renumbered 93.90 (3) (h) 4.
AB894,23 23Section 23 . 93.90 (3) (a) 5. of the statutes is repealed.
AB894,24 24Section 24 . 93.90 (3) (a) 6. of the statutes is repealed.
AB894,25 25Section 25 . 93.90 (3) (a) 8. of the statutes is repealed.
AB894,26
1Section 26. 93.90 (3) (a) 9. of the statutes is repealed.
AB894,27 2Section 27 . 93.90 (3) (ae) of the statutes is repealed.
AB894,28 3Section 28 . 93.90 (3) (am) of the statutes is repealed.
AB894,29 4Section 29 . 93.90 (3) (ar) of the statutes is repealed.
AB894,30 5Section 30 . 93.90 (3) (b) of the statutes is renumbered 93.90 (3) (i) 2. a. and
6amended to read:
AB894,13,137 93.90 (3) (i) 2. a. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
8political subdivision may not prohibit
Prohibit a type of livestock facility in an
9agricultural zoning district based on number of animal units if livestock facilities of
10that type with fewer animal units are allowed in that zoning district, unless the
11political subdivision also has an agricultural zoning district in which livestock
12facilities of that type are permitted or conditional uses without respect to number of
13animal units.
AB894,31 14Section 31 . 93.90 (3) (c) of the statutes is renumbered 93.90 (3) (i) 2. b. and
15amended to read:
AB894,13,2316 93.90 (3) (i) 2. b. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
17political subdivision may not enact
Enact or enforce a zoning ordinance with a
18category of agricultural district in which livestock facilities are prohibited unless the
19political subdivision bases that prohibition on reasonable and scientifically
20defensible findings of fact, adopted by the political subdivision, that are based on
21specific, but not necessarily unique, circumstances in that political subdivision
that
22clearly show that the prohibition is necessary to protect public health or safety in
23that political subdivision
.
AB894,32 24Section 32 . 93.90 (3) (d) of the statutes is renumbered 93.90 (3) (i) 3. and
25amended to read:
AB894,14,7
193.90 (3) (i) 3. Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political
2subdivision that requires compliance with state standards under sub. (2) (a) as a
3condition of issuing a special exception or conditional use permit granting a local
4approval
for an expanded livestock facility is not required to determine that
5cost-sharing is available to the operator of the livestock facility for facilities or
6practices needed to comply with those standards if the livestock facility will have 500
7or more animal units.
AB894,33 8Section 33 . 93.90 (3) (e) of the statutes is renumbered 93.90 (3) (i) 2. c. and
9amended to read:
AB894,14,2010 93.90 (3) (i) 2. c. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
11political subdivision may not enact a requirement
Require that a person obtain a
12special exception or conditional use permit
local approval for the expansion of a
13livestock facility that exists when the requirement takes effect, except that a political
14subdivision may enact a requirement that a person obtain a special exception or
15conditional use permit
local approval for the expansion of a livestock facility that
16exists when the requirement takes effect if the requirement applies only when the
17number of animal units that the livestock facility will have after expansion will
18exceed by more than 20 percent the largest number of animal units that were at the
19livestock facility for at least 90 days in the 12-month period before the requirement
20takes effect.
AB894,34 21Section 34 . 93.90 (3) (f) of the statutes is renumbered 93.90 (3) (k).
AB894,35 22Section 35 . 93.90 (3) (g) of the statutes is created to read:
AB894,14,2423 93.90 (3) (g) Subject to par. (i) 2. c., a political subdivision may require a local
24approval for a livestock facility siting or expansion if any of the following applies:
AB894,15,2
11. The proposed new or expanded livestock facility will have 500 or more animal
2units.
AB894,15,63 2. The proposed new or expanded livestock facility will have fewer than 500
4animal units but will exceed a size threshold for requiring a special exception or
5conditional use permit that was incorporated into the political subdivision's
6ordinances before July 19, 2003.
AB894,36 7Section 36 . 93.90 (3) (h) (intro.) of the statutes is created to read:
AB894,15,108 93.90 (3) (h) (intro.) Subject to par. (i) 2., a political subdivision may not prohibit
9or disapprove a livestock facility siting or expansion unless at least one of the
10following applies:
AB894,37 11Section 37 . 93.90 (3) (h) 5. of the statutes is created to read:
AB894,15,1312 93.90 (3) (h) 5. The department disapproves the application for approval for the
13livestock facility siting or expansion under sub. (2) (f) 5.
AB894,38 14Section 38 . 93.90 (3) (i) 1. of the statutes is created to read:
AB894,15,1615 93.90 (3) (i) 1. If a political subdivision requires a local approval for a new or
16expanded livestock facility, the political subdivision may do any of the following:
AB894,15,2217 a. Enact a requirement that is more stringent than the state standards under
18sub. (2) (a) if the requirement is based on reasonable and scientifically defensible
19findings of fact, adopted by the political subdivision, that are based on specific, but
20not necessarily unique, circumstances in that political subdivision and that clearly
21show that the requirement is necessary to protect public health or safety in that
22political subdivision.
AB894,15,2523 b. Enact a setback requirement that is less stringent than a setback
24requirement under sub. (2) (a) if the setback requirement is incorporated in the
25political subdivision's ordinance as a numerical standard.
AB894,39
1Section 39. 93.90 (3) (i) 2. (intro.) of the statutes is created to read:
AB894,16,32 93.90 (3) (i) 2. (intro.) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23,
3a political subdivision may not do any of the following:
AB894,40 4Section 40. 93.90 (3) (j) of the statutes is created to read:
AB894,16,75 93.90 (3) (j) A political subdivision shall prohibit a livestock facility siting or
6expansion if the department disapproves the application for approval for the
7livestock facility siting or expansion under sub. (2) (f) 5.
AB894,41 8Section 41 . 93.90 (3) (L) of the statutes is created to read:
AB894,16,129 93.90 (3) (L) 1. Except as provided in subd. 2., no political subdivision may
10require a person to pay a fee or post bond or security with the political subdivision
11in connection with making a decision under sub. (3) (h) concerning a livestock facility
12siting or expansion proposed by the person.
AB894,16,1613 2. a. A political subdivision may enact an ordinance that establishes a fee of not
14more than $1,000 for processing and reviewing an application concerning a proposed
15livestock facility siting or expansion under sub. (3) (h) and not more than $500 for
16processing an application for permit modification.
AB894,16,2217 b. For calendar years beginning after December 31, 2020, the dollar amounts
18for the fee limits under subd. 2. a. shall be adjusted each year by a percentage equal
19to the percentage change between the U.S. consumer price index for all urban
20consumers, U.S. city average, for the month of August of the previous year and the
21U.S. consumer price index for all urban consumers, U.S. city average, for the month
22of August 2019, as determined by the federal department of labor.
AB894,42 23Section 42 . 93.90 (4) of the statutes is repealed.
AB894,43 24Section 43 . 93.90 (5) (title) of the statutes is amended to read:
AB894,16,2525 93.90 (5) (title) Review of department siting decisions.
AB894,44
1Section 44. 93.90 (5) (a) of the statutes is amended to read:
AB894,17,72 93.90 (5) (a) In this subsection “aggrieved person" means a political subdivision
3in which a proposed new or expanded livestock facility would be located,
a person
4who applied to a political subdivision the department for approval of a livestock
5facility siting or expansion, a person who lives within 2 miles of a livestock facility
6that is proposed to be sited or expanded, or a person who owns land within 2 miles
7of a livestock facility that is proposed to be sited or expanded.
AB894,45 8Section 45 . 93.90 (5) (b) of the statutes is amended to read:
AB894,17,209 93.90 (5) (b) An aggrieved person may challenge the decision of a political
10subdivision
the department on an application for approval on the grounds that the
11political subdivision department incorrectly applied the state standards under sub.
12(2) (a) or requirements under sub. (3) (i) 1. that are applicable to the livestock facility
13siting or expansion or violated sub. (3), by requesting the board to review the
14decision. An aggrieved person is not required to exhaust the political subdivision's
15department's administrative remedies before requesting review by the board. An
16aggrieved person shall request a review under this paragraph within 30 days after
17the political subdivision department approves or disapproves the application for
18approval or, if the aggrieved person chooses to exhaust the political subdivision's
19administrative remedies, within 30 days after the final decision in the political
20subdivision's administrative review process
.
AB894,46 21Section 46 . 93.90 (5) (bm) of the statutes is amended to read:
AB894,18,222 93.90 (5) (bm) Upon receiving a request under par. (b), the board shall notify
23the political subdivision department of the request. The political subdivision
24department shall provide a certified copy of the record and its written findings and

1conclusions
under sub. (4) (2) (f) 7. to the board within 30 days after the day on which
2it receives the notice.
AB894,47 3Section 47 . 93.90 (5) (c) of the statutes is amended to read:
AB894,18,144 93.90 (5) (c) Upon receiving the certified copy of the record under par. (bm), the
5board shall determine whether the challenge is valid. The board shall make its
6decision without deference to the decision of the political subdivision department
7and shall base its decision only on the evidence in the record and its written findings
8and conclusions
under sub. (4) (b) (2) (f) 7. In a case that involves the application of
9requirements related to water quality, the board shall consult with the department
10of agriculture, trade and consumer protection or with the department of natural
11resources concerning the application of the requirements related to water quality.
12The board shall make its decision within 60 days after the day on which it receives
13the certified copy of the record under par. (bm), except that the board may extend this
14time limit for good cause specified in writing by the board.
AB894,48 15Section 48 . 93.90 (5) (d) of the statutes is amended to read:
AB894,18,2116 93.90 (5) (d) If the board determines that a challenge is valid, the board shall
17reverse the decision of the political subdivision department. The decision of the
18board is binding on the political subdivision department, subject to par. (e). If a
19political subdivision
the department fails to comply with a decision of the board that
20has not been appealed under par. (e), an aggrieved person may bring an action to
21enforce the decision.
AB894,49 22Section 49 . 93.90 (5) (f) of the statutes is amended to read:
AB894,18,2523 93.90 (5) (f) A circuit court to which a decision of the board is appealed under
24par. (e) shall review the decision of the board based on the evidence in the record and
25written findings and conclusions
under sub. (4) (b) (2) (f) 7.
AB894,50
1Section 50. 93.90 (6) of the statutes is created to read:
AB894,19,52 93.90 (6) Political subdivision procedure. (a) After receiving notice under
3sub. (2) (f) 2. of an application for approval, a political subdivision shall provide notice
4of the proposed livestock facility siting or expansion to all landowners adjacent to the
5property that is the subject of the application for approval.
AB894,19,96 (b) No later than 60 days after receiving notification under sub. (2) (f) 8. that
7the department has approved an application for approval, a political subdivision
8shall approve or disapprove under sub. (3) (h) the proposed livestock facility siting
9or expansion that is the subject of the application for approval.
AB894,19,1410 (c) A person may challenge the decision of a political subdivision under par. (b)
11by bringing an action within 30 days of the political subdivision's decision before the
12board of appeals or board of adjustment of the political subdivision, or by review by
13certiorari in the circuit court for the county in which the property that is the subject
14of the application for approval is located.
AB894,51 15Section 51 . Nonstatutory provisions.
AB894,19,2316 (1) Livestock facility technical review board; staggering of terms.
17Notwithstanding the length of terms specified for members of the livestock facility
18technical review board under s. 15.135 (2) (b), two of the initial members shall be
19appointed for a term expiring on July 1, 2021; two of the initial members shall be
20appointed for a term expiring on July 1, 2022; two of the initial members shall be
21appointed for a term expiring on July 1, 2023; two of the initial members shall be
22appointed for a term expiring on July 1, 2024; and the remaining member shall be
23appointed for a term expiring on July 1, 2025.
AB894,52 24Section 52 . Initial applicability.
AB894,20,6
1(1) Applications. The treatment of s. 93.90 (2) (e) 2. and (f), (2m), (3) (title) and
2(a) (intro.), 1., 2., 3., 4., 5., 6., 8., and 9., (ae), (am), (ar), (b), (c), (d), (e), (f), (g), (h)
3(intro.) and 5., (i) 1. and 2. (intro.), (j), and (L), (4), (5) (title), (a), (b), (bm), (c), (d), and
4(f), and (6) first applies to an application for approval, as defined in s. 93.90 (1m) (b),
5received by the department of agriculture, trade and consumer protection on the
6effective date of this subsection.
AB894,20,97 (2) Existing rules. The treatment of s. 93.90 (2) (a) first applies to rules
8promulgated by the department of agriculture, trade and consumer protection under
9s. 93.90 (2) (a) on the effective date of this subsection.
AB894,20,1010 (End)
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