Chapter ATCP 51
LIVESTOCK FACILITY SITING
Subchapter I — Definitions and General Provisions
ATCP 51.01   Definitions.
ATCP 51.02   Scope of this chapter.
ATCP 51.04   Animal units.
ATCP 51.06   Local approval of existing livestock facilities.
ATCP 51.08   Duration of local approval.
Subchapter II — Livestock Facility Siting Standards
ATCP 51.10   Livestock facility siting standards; general.
ATCP 51.12   Livestock structures; location on property.
ATCP 51.14   Odor and air emissions.
ATCP 51.16   Nutrient management.
ATCP 51.18   Waste storage facilities.
ATCP 51.20   Runoff management.
Subchapter III — Application and Approval
ATCP 51.30   Application.
ATCP 51.32   Timely action on application.
ATCP 51.34   Granting or denying an application.
ATCP 51.36   Record of decision-making.
Ch. ATCP 51 NoteNote: This chapter is adopted under authority of ss. 93.07 (1) and 93.90 (2), Stats. This chapter interprets Wisconsin’s livestock facility siting law, s. 93.90, Stats. According to the livestock facility siting law, a county, town, city or village (“political subdivision”) may not prohibit or disapprove a new or expanded livestock facility of any size unless one of the following applies:
Ch. ATCP 51 NoteThe site is located in a zoning district that is not an agricultural zoning district.
Ch. ATCP 51 NoteThe site is located in an agricultural zoning district where the livestock facility is prohibited. A prohibition, if any, must be clearly justified on the basis of public health or safety. The livestock facility siting law limits exclusionary zoning based solely on livestock facility size.
Ch. ATCP 51 NoteThe proposed livestock facility violates a valid local ordinance adopted under certain state laws related to shoreland zoning, floodplain zoning, construction site erosion control or stormwater management.
Ch. ATCP 51 NoteThe proposed livestock facility violates a local building, electrical or plumbing code that is consistent with the state building, electrical or plumbing code for that type of facility.
Ch. ATCP 51 NoteThe proposed livestock facility will have 500 or more “animal units” (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003), and the proposed facility violates one of the following:
Ch. ATCP 51 Note A state livestock facility siting standard adopted by the department under this chapter.
Ch. ATCP 51 Note A more stringent local ordinance standard enacted prior to the siting application. The more stringent local standard must be based on reasonable and scientifically defensible findings of fact, adopted by the local jurisdiction, which clearly show that the standard is necessary to protect public health or safety.