ATCP 51.30(2) (2) Local modifications. A political subdivision may not alter the application form shown in Appendix A and attached worksheets, or require any additional information, except that a political subdivision may require information needed to determine compliance with local ordinance standards authorized under s. ATCP 51.10 (3) or 51.12 (1).

ATCP 51.30(3) (3) Additional copies. A political subdivision may require an applicant to submit up to 4 duplicate copies of the original application under sub. (1). Each duplicate copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include engineering design specifications.

ATCP 51.30 Note Note: A political subdivision must file one duplicate copy of the final application and attachments with the department, within 30 days after the political subdivision grants or denies that application. See s. ATCP 51.34 (5). If the political subdivision approves the application, the political subdivision must give the applicant a copy of the approved application, marked “approved.” See s. ATCP 51.34 (3) (b). The applicant may wish to record this documentation with the register of deeds, and convey the documentation to any subsequent purchaser of the livestock facility. Among other things, documentation establishes “odor score” reference points for future expansions. See s. ATCP 51.14 (6).

ATCP 51.30(4) (4) Local fees.

ATCP 51.30(4)(a) (a) A political subdivision may charge an application fee established by local ordinance, not to exceed $1,000, to offset the political subdivision’s costs to review and process an application under sub. (1).

ATCP 51.30 Note Note: Under s. 66.0628, Stats., any fee imposed by a political subdivision must bear a reasonable relationship to the service for which the fee is imposed.

ATCP 51.30(4)(b) (b) A political subdivision may not require an applicant to pay any fee, or post any bond or security with the political subdivision, except as provided in par. (a).

ATCP 51.30 Note Note: If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59, Stats., and other law as appropriate. However, a political subdivision may not require an applicant for local approval to post any bond or security with the application.

ATCP 51.30(5) (5) Complete application. Within 45 days after a political subdivision receives an application under sub. (1), the political subdivision shall notify the applicant whether the application contains everything required under subs. (1) to (4). If the application is not complete, the notice shall specifically describe what else is needed. Within 14 days after the applicant has provided everything required under subs. (1) to (4), the political subdivision shall notify the applicant that the application is complete. A notice of completeness does not constitute an approval of the proposed livestock facility.

ATCP 51.30 Note Note: See s. 93.90 (4) (a), Stats.

ATCP 51.30(6) (6) Notice to adjacent property owners. Within 14 days after a political subdivision issues a notice under sub. (5), the political subdivision shall mail a completed written copy of the notice in Appendix C to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. The political subdivision shall mail the notice by first class mail. A political subdivision may recover from the livestock facility operator, under sub. (4) (a), its reasonable cost to prepare and mail notices under this subsection. The sum of the costs charged to the livestock operator under this subsection and sub. (4) (a) may not exceed the maximum amount specified in sub. (4) (a). Failure to comply with the notice requirement under this subsection does not invalidate a political subdivision’s approval of a proposed livestock facility, or create a cause of action by a property owner against the political subdivision.

ATCP 51.30 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.32 ATCP 51.32 Timely action on application.

ATCP 51.32(1) (1) General. Except as provided in sub. (2), a political subdivision shall grant or deny an application under s. ATCP 51.30 (1) within 90 days after the political subdivision gives notice under s. ATCP 51.30 (5) that the application is complete.

ATCP 51.32(2) (2) Time extension.

ATCP 51.32(2)(a) (a) A political subdivision may extend the time limit in sub. (1) for good cause, including any of the following:

ATCP 51.32(2)(a)1. 1. The political subdivision needs additional information to act on the application.

ATCP 51.32(2)(a)2. 2. The applicant materially modifies the application or agrees to an extension.

ATCP 51.32(2)(b) (b) A political subdivision shall give an applicant written notice of any extension under par. (a). The notice shall state the reason for the extension, and shall specify the extended deadline date by which the political subdivision will act on the application.

ATCP 51.32 Note Note: See s. 93.90(4) (d) and (e), Stats.

ATCP 51.32 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.34 ATCP 51.34 Granting or denying an application.

ATCP 51.34(1) (1) Granting an application. Except as provided in sub. (2), a political subdivision shall grant an application under s. ATCP 51.30 (1) if all of the following apply:

ATCP 51.34(1)(a) (a) The application complies with s. ATCP 51.30.

ATCP 51.34(1)(b) (b) The application contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets or is exempt from the standards in subch. II. To the extent that a standard under subch. II vests discretion in a political subdivision, the political subdivision may exercise that discretion.

ATCP 51.34 Note Note: See s. 93.90 (4) (d), Stats.

ATCP 51.34(2) (2) Denying an application. A political subdivision may deny an application under s. ATCP 51.30 if any of the following apply:

ATCP 51.34(2)(a) (a) The application fails to meet the standard for approval under sub. (1).

ATCP 51.34(2)(b) (b) The political subdivision finds, based on other clear and convincing information in the record under s. ATCP 51.36, that the proposed livestock facility fails to comply with an applicable standard under subch. II.