93.55 Cross-reference
Cross Reference: See also s.
ATCP 34.01, Wis. adm. code.
93.57
93.57
Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste.
93.57 History
History: 1985 a. 29;
1995 a. 227 s.
699; Stats. 1995 s. 299.41;
2001 a. 109;
2003 a. 33 s.
2481s; Stats. 2003 s. 93.57.
93.57 Cross-reference
Cross Reference: See also ch.
NR 187, Wis. adm. code.
93.70
93.70
Conservation reserve enhancement program. 93.70(1)(1) The department may expend funds from the appropriation account under
s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
93.70(2)
(2) The department may not make a payment under
sub. (1) to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
93.70 History
History: 1999 a. 9;
2003 a. 33.
93.75
93.75
Payments to ethanol producers. 93.75(1)
(1)
Eligibility. Beginning on July 1, 2001, the department shall administer a program under which the department makes payments to a person who produces ethanol and who satisfies all of the following criteria:
93.75(1)(a)
(a) The person produces in this state, within 12 months, over 10,000,000 gallons of ethanol or, during the first 12 months that the person produces ethanol in this state, a lesser amount of ethanol that is established by the department by rule.
93.75(1)(b)
(b) The person has been producing ethanol in this state for fewer than 60 months.
93.75(1)(c)
(c) The person purchases the substances from which the person produces ethanol from a local source, as defined by the department by rule.
93.75(2)
(2) Payments. The department shall pay a person who is eligible under
sub. (1) at the rate of 20 cents per gallon for not more than 15,000,000 gallons of ethanol produced in this state within 12 months, except that if there are insufficient funds to make payments at this rate to all eligible persons the department shall prorate the payments.
93.75(3)
(3) Rules. The department shall promulgate rules for the program under this section. The department shall include all of the following in the rules:
93.75(3)(a)
(a) The amount of ethanol that a person must produce within the first 12 months that the person produces ethanol in this state to be eligible for payments under this section.
93.75(3m)(a)(a) The department of transportation shall monitor the impact of ethanol sales in this state on the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads.
93.75(3m)(b)
(b) If the department of transportation determines, on or before December 31, 2003, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2003, and not later than December 31, 2003.
93.75(3m)(c)
(c) If the department of transportation determines, after December 31, 2003, and before January 1, 2005, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2004, and not later than December 31, 2004.
93.75(3m)(d)
(d) If the department of transportation determines, after December 31, 2004, and before January 1, 2006, that the amount of federal moneys received by this state for highways and other surface transportation purposes, excluding federal moneys received for railroads, is decreased due to ethanol sales in this state, the department of transportation shall notify the department of agriculture, trade and consumer protection of that determination not sooner than October 1, 2005, and not later than December 31, 2005.
93.75(4)
(4) Sunset. The department may not make a payment under this section after June 30, 2006, or the first day of the 6th month beginning after the department receives a notice under
sub. (3m), whichever is sooner.
93.75 History
History: 1999 a. 55.
93.80
93.80
Arsenic in wood. The department, jointly with the department of commerce, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.
93.80 History
History: 2001 a. 16.
93.90
93.90
Livestock facility siting and expansion. 93.90(1)
(1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities.
93.90(1m)(b)
(b) "Application for approval" means an application for approval of a livestock facility siting or expansion.
93.90(1m)(c)
(c) "Board" means the livestock facility siting review board.
93.90(1m)(d)
(d) "Expansion" means an increase in the number of animals fed, confined, maintained, or stabled.
93.90(1m)(e)
(e) "Livestock facility" means a feedlot or facility, other than a pasture, where animals used in the production of food, fiber, or other animal products are or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period. "Livestock facility" does not include an aquaculture facility.
93.90(1m)(f)
(f) "Political subdivision" means a city, village, town, or county.
93.90(2)(a)(a) For the purposes of this section, the department shall promulgate rules specifying standards for siting and expanding livestock facilities. In promulgating the rules, the department may incorporate by cross-reference provisions contained in rules promulgated under
ss. 92.05 (3) (c) and
(k),
92.14 (8),
92.16, and
281.16 (3) and
ch. 283. The department may not promulgate rules under this paragraph that conflict with rules promulgated under
s. 92.05 (3) (c) or
(k),
92.14 (8),
92.16, or
281.16 (3) or
ch. 283.
93.90(2)(b)
(b) In promulgating rules under
par. (a), the department shall consider whether the proposed standards, other than those incorporated by cross-reference, are all of the following:
93.90(2)(b)4.
4. Based on available scientific information that has been subjected to peer review.
93.90(2)(b)5.
5. Designed to promote the growth and viability of animal agriculture in this state.
93.90(2)(b)6.
6. Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.
93.90(2)(c)
(c) The department shall review rules promulgated under
par. (a) at least once every 4 years.
93.90(2)(d)
(d) The secretary shall appoint a committee of experts to advise the department on the promulgation of the rules under
par. (a) and on the review of rules under
par. (c).
93.90(2)(e)
(e) In addition to the rules under
par. (a), the department shall promulgate rules that do all of the following:
93.90(2)(e)1.
1. Specify the information and documentation that must be provided in an application for approval in order to demonstrate that a livestock facility siting or expansion complies with applicable state standards under
sub. (2) (a).
93.90(2)(e)2.
2. Specify the information and documentation that must be included in a record of decision making under
sub. (4) (b).
93.90(3)
(3) Political subdivision authority. 93.90(3)(a)(a) Notwithstanding
ss. 33.455,
59.03 (2) (a),
59.69,
60.10 (2) (i),
60.61,
60.62,
61.34 (1),
61.35,
62.11 (5),
62.23,
66.0415,
92.07 (2),
92.11, and
92.15 (3) (a), a political subdivision may not disapprove or prohibit a livestock facility siting or expansion unless at least one of the following applies:
93.90(3)(a)1.
1. The site is located in a zoning district that is not an agricultural zoning district.
93.90(3)(a)2.
2. The site is located in an agricultural zoning district in which the proposed new or expanded livestock facility is prohibited, subject to
pars. (b) and
(c).
93.90(3)(a)4.
4. The proposed new or expanded livestock facility violates a building, electrical, or plumbing code that is consistent with the state building, electrical, or plumbing code for that type of facility.
93.90(3)(a)5.
5. The proposed new or expanded livestock facility will have 500 or more animal units and violates a state standard under
sub. (2) (a).
93.90(3)(a)6.
6. The proposed new or expanded livestock facility will have 500 or more animal units and violates a requirement that is more stringent than the state standards under
sub. (2) (a) if the political subdivision does all of the following:
93.90(3)(a)6.a.
a. Adopts the requirement by ordinance before the applicant files the application for approval.
93.90(3)(a)6.b.
b. Bases the requirement on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the requirement is necessary to protect public health or safety.
93.90(3)(a)8.
8. The proposed new or expanded livestock facility will have fewer than 500 animal units but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a state standard under
sub. (2) (a).
93.90(3)(a)9.
9. The proposed new or expanded livestock facility will have fewer than 500 animal units but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003, and the proposed new or expanded livestock facility violates a requirement that is more stringent than the state standards under
sub. (2) (a) if the political subdivision does all of the following:
93.90(3)(a)9.a.
a. Adopts the requirement by ordinance before the applicant files the application for approval.
93.90(3)(a)9.b.
b. Bases the requirement on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the requirement is necessary to protect public health or safety.
93.90(3)(ae)
(ae) A political subdivision that requires a special exception or conditional use permit for the siting or expansion of any of the following livestock facilities shall require compliance with the applicable state standards under
sub. (2) (a) as a condition of issuing the special exception or conditional use permit:
93.90(3)(ae)1.
1. A new or expanded livestock facility that will have 500 or more animal units.
93.90(3)(ae)2.
2. A new or expanded livestock facility that will have fewer than 500 animal units but that will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003.
93.90(3)(am)
(am) Notwithstanding
par. (ae), a political subdivision may apply to a new or expanded livestock facility described in
par. (ae) 1. or
2., as a condition of issuing a special exception or conditional use permit, a setback requirement that is less stringent than a setback requirement under
sub. (2) (a) if the setback requirement is incorporated in the political subdivision's ordinances as a numerical standard.
93.90(3)(ar)
(ar) Notwithstanding
par. (ae) a political subdivision may apply to a new or expanded livestock facility described in
par. (ae) 1. or
2., as a condition of issuing a special exception or conditional use permit, a requirement that is more stringent than the state standards under
sub. (2) (a) if the political subdivision does all of the following:
93.90(3)(ar)1.
1. Adopts the requirement by ordinance before the applicant files the application for approval.
93.90(3)(ar)2.
2. Bases the requirement on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the requirement is necessary to protect public health or safety.
93.90(3)(b)
(b) Notwithstanding
ss. 59.69,
60.61,
60.62,
61.35, and
62.23, a political subdivision may not prohibit a type of livestock facility in an agricultural zoning district based on number of animal units if livestock facilities of that type with fewer animal units are allowed in that zoning district, unless the political subdivision also has an agricultural zoning district in which livestock facilities of that type are permitted or conditional uses without respect to number of animal units.
93.90(3)(c)
(c) Notwithstanding
ss. 59.69,
60.61,
60.62,
61.35, and
62.23, a political subdivision may not enact or enforce a zoning ordinance with a category of agricultural district in which livestock facilities are prohibited unless the political subdivision bases that prohibition on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that clearly show that the prohibition is necessary to protect public health or safety.
93.90(3)(d)
(d) Notwithstanding
ss. 92.15 (4) and
281.16 (3) (e), a political subdivision that requires compliance with state standards under
sub. (2) (a) as a condition of issuing a special exception or conditional use permit for an expanded livestock facility is not required to determine that cost-sharing is available to the operator of the livestock facility for facilities or practices needed to comply with those standards if the livestock facility will have 500 or more animal units.
93.90(3)(e)
(e) Notwithstanding
ss. 59.69,
60.61,
60.62,
61.35, and
62.23, a political subdivision may not enact a requirement that a person obtain a special exception or conditional use permit for the expansion of a livestock facility that exists when the requirement takes effect, except that a political subdivision may enact a requirement that a person obtain a special exception or conditional use permit for the expansion of a livestock facility that exists when the requirement takes effect if the requirement applies only when the number of animal units that the livestock facility will have after expansion will exceed by more than 20 percent the largest number of animal units that were at the livestock facility for at least 90 days in the 12-month period before the requirement takes effect.
93.90(3)(f)
(f) For the purposes of this subsection, the number of animal units that a livestock facility will have is the largest number of animal units that will be fed, confined, maintained, or stabled at the livestock facility on at least 90 days in any 12-month period.
93.90(4)
(4) Political subdivision procedure. 93.90(4)(a)(a) No later than 45 days after a political subdivision receives an application for approval, the political subdivision shall notify the applicant whether the application for approval is complete and, if it is not complete, what information is needed to complete the application for approval. As soon as the applicant has provided all of the required information, the political subdivision shall notify the applicant that the application for approval is complete.
93.90(4)(b)
(b) A political subdivision shall make a record of its decision making on an application for approval, including a recording of any public hearing, copies of documents submitted at any public hearing, and copies of any other documents provided to the political subdivision in connection with the application for approval.
93.90(4)(c)
(c) A political subdivision shall base its decision on an application for approval on written findings of fact that are supported by the evidence in the record under
par. (b).
93.90(4)(d)
(d) Except as provided in
par. (e), a political subdivision shall approve or disapprove an application for approval no more than 90 days after the day on which it notifies the applicant that the application for approval is complete. If an applicant complies with the rules promulgated under
sub. (2) (e) 1. and the information and documentation provided by the applicant is sufficient to establish, without considering any other information or documentation, that the application complies with applicable requirements for approval, the political subdivision shall approve the application unless the political subdivision finds, based on other clear and convincing information or documentation in the record, that the application does not comply with applicable requirements.
93.90(4)(e)
(e) A political subdivision may extend the time limit in
par. (d) if the political subdivision needs additional information to determine whether to approve or deny the application for approval, if the applicant makes a material modification to the application for approval, or for other good cause specified in writing by the political subdivision.
93.90(5)
(5) Review of siting decisions. 93.90(5)(a)(a) In this subsection "aggrieved person" means a person who applied to a political subdivision for approval of a livestock facility siting or expansion, a person who lives within 2 miles of a livestock facility that is proposed to be sited or expanded, or a person who owns land within 2 miles of a livestock facility that is proposed to be sited or expanded.
93.90(5)(b)
(b) An aggrieved person may challenge the decision of a political subdivision on an application for approval on the grounds that the political subdivision incorrectly applied the state standards under
sub. (2) (a) that are applicable to the livestock facility siting or expansion or violated
sub. (3), by requesting the board to review the decision. An aggrieved person is not required to exhaust the political subdivision's administrative remedies before requesting review by the board. An aggrieved person shall request a review under this paragraph within 30 days after the political subdivision approves or disapproves the application for approval or, if the aggrieved person chooses to exhaust the political subdivision's administrative remedies, within 30 days after the final decision in the political subdivision's administrative review process.
93.90(5)(bm)
(bm) Upon receiving a request under
par. (b), the board shall notify the political subdivision of the request. The political subdivision shall provide a certified copy of the record under
sub. (4) to the board within 30 days after the day on which it receives the notice.
93.90(5)(c)
(c) Upon receiving the certified copy of the record under
par. (bm), the board shall determine whether the challenge is valid. The board shall make its decision without deference to the decision of the political subdivision and shall base its decision only on the evidence in the record under
sub. (4) (b). In a case that involves the application of requirements related to water quality, the board shall consult with the department of agriculture, trade and consumer protection or with the department of natural resources concerning the application of the requirements related to water quality. The board shall make its decision within 60 days after the day on which it receives the certified copy of the record under
par. (bm), except that the board may extend this time limit for good cause specified in writing by the board.
