ATCP 51.01 HistoryHistory: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06; correction in (16) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

ATCP 51.02(1)(b)(b) A new or expanded livestock facility that will exceed a lower size threshold, for a special exception or conditional use permit, if the threshold is expressed in terms of a specific number of animals or animal units and was incorporated in a local zoning ordinance prior to July 19, 2003.

ATCP 51.02 NoteNote: Some, but not all, political subdivisions require local approval of new or expanded livestock facilities. The livestock facility siting law does not require local approval. But if local approval is required, the political subdivision must grant or deny approval based on this chapter. A political subdivision may not consider other siting criteria, or apply standards that differ from this chapter, except as provided in the livestock facility siting law or this chapter.

ATCP 51.02 NoteA political subdivision may not require local approval for new or expanded livestock facilities smaller than 500 animal units, except as specifically authorized by the livestock facility siting law and this chapter. A political subdivision may apply a lower size threshold adopted by ordinance prior to July 19, 2003 if that threshold is expressed as a specific number of animals or animal units. A local threshold expressed in locally-defined “animal units” may meet this test, because it effectively indicates a specific number of animals, even if the local ordinance definition of “animal units” differs from the definition in this chapter. However the local application and approval process must use the “animal units” definition in this chapter.

ATCP 51.02 NoteLocal approvals under this chapter “run with the land.” See s. ATCP 51.08. They normally continue to apply, despite changes in ownership, as long as subsequent owners do not violate the terms of the local approval. Some ordinances might require a pro forma permit transfer with each transfer of ownership, but that transfer may not ordinarily limit the scope of approval.

ATCP 51.02 NoteA livestock operator is not required to obtain local approval under this chapter for the construction, repair or improvement of livestock structures, unless the operator also adds “animal units” for which local approval is required (local building codes and manure storage ordinances may apply). However, a political subdivision may withdraw a local approval granted under this chapter if the livestock operator does any of the following (see s. ATCP 51.34 (4)):

ATCP 51.02 Note• Without local authorization, alters the approved livestock facility in a way that materially violates the terms of the local approval.

ATCP 51.02 Note• Alters the approved livestock facility so that the altered facility violates the standards in subch. II.

ATCP 51.02(2)(b)(b) An approval required by a political subdivision within the scope of its authority under s. 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 or 87.30, Stats.

ATCP 51.02 NoteNote: See s. 93.90 (3) (a) 3., Stats. The statutes listed in par. (b) pertain to shoreland zoning, floodplain zoning, construction site erosion control and stormwater management.

ATCP 51.02(2)(c)(c) An approval required under a local building, electrical or plumbing code, if the standards for approval are consistent with standards established under the state building, electrical or plumbing code for that type of facility.

ATCP 51.04ATCP 51.04 Animal units. In this chapter, and in every local approval or application for local approval under this chapter, the number of animal units kept or authorized at a livestock facility means the maximum number of animal units that are or may be kept on at least 90 days in any 12-month period.

ATCP 51.04 NoteNote: This section accounts for normal day-to-day and seasonal variations in livestock numbers, as livestock are born, received, moved and marketed. See s. 93.90 (3) (f), Stats.

ATCP 51.04 NoteUnder this chapter, an applicant for local approval must specify the number of “animal units” for which the applicant seeks authorization. If the application is approved, the approval authorizes that number of “animal units.” The authorized number is the maximum number of “animal units” that may be kept on 90 or more days in any 12-month period. A livestock operator may not exceed that authorized number without further local approval.

ATCP 51.04 Note“Animal unit” equivalents, for different species and types of livestock, are shown in Appendix A, worksheet 1 (animal units). The “animal unit” equivalents are based on s. NR 243.03 (3) as it existed on April 27, 2004 (the date on which the livestock facility siting law, 2003 Wis. Act 235, was published). See s. 93.90 (1m) (a), Stats., and s. ATCP 51.01 (4).

ATCP 51.06(1)(b)(b) A livestock facility that the political subdivision has already approved. A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.

ATCP 51.06 NoteNote: For example, if a political subdivision has already approved construction of a livestock facility that was reasonably designed to house up to 800 “animal units,” that approval authorizes the operator to keep up to 800 “animal units” at that facility (even if the scope of approval is not explicitly stated in terms of “animal units”).

ATCP 51.06(2)(2) Expansions. A local ordinance may require local approval under this chapter for the expansion of a pre-existing or previously approved livestock facility under sub. (1) if the number of animal units kept at the expanded livestock facility will exceed all of the following: