Chapter ATCP 50

ATCP 50.52(2)(b) (b) NRCS.

ATCP 50.52(2)(c) (c) The University of Wisconsin-Extension.

ATCP 50.52(2)(d) (d) The statewide association representing land conservation committees and their staffs.

ATCP 50.52 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (g), (2) (d), r. (2) (e) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (c) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (c) made under s. 13.92 (4) (b) 6., Stats., Register May 2024 No. 821.

subch. VII of ch. ATCP 50 Subchapter VII — Local Regulation

ATCP 50.54 ATCP 50.54 Local regulations; general.

ATCP 50.54(1) (1) Review of local regulations. The department may review and comment on local regulations.

ATCP 50.54 Note Note: Local conservation requirements should be consistent with this chapter (see ss. 92.05 (1), (3) (c) and (L), 92.07 (2), 92.11, 92.15 (2) to (4), 92.16, 92.17, 93.90, and 281.16 (3), Stats.). A local regulation may not require a livestock operator to obtain a license or permit for a new or expanding livestock operation, except as specifically authorized under s. 93.90, Stats., and ch. ATCP 51. When exercising their approval authority under the livestock facility siting law, political subdivisions may be limited in their application of local manure storage ordinances adopted under s. 92.16, Stats., and s. ATCP 50.56. (See s. ATCP 51.10 (1)).

ATCP 50.54(2) (2) Cost-sharing required.

ATCP 50.54(2)(a) (a) No county, local government, or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government, or tribe first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:

ATCP 50.54(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).

ATCP 50.54(2)(a)2. 2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation” has the meaning given in s. NR 151.095 (5) (b).

ATCP 50.54(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan under s. ATCP 50.04 (3) when required by any of the following:

ATCP 50.54(2)(b)1. 1. A permit for a manure storage system voluntarily constructed by a landowner.

ATCP 50.54(2)(b)2. 2. A permit required for a new or expanding livestock facility operation regulated under ch. ATCP 51.

ATCP 50.54(2)(c) (c) Paragraph (a) does not limit any of the following:

ATCP 50.54(2)(c)1. 1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.

ATCP 50.54(2)(c)2. 2. County action under s. ATCP 50.16 (6) to suspend a landowner’s eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).

ATCP 50.54(2)(c)3. 3. Enforcement of an existing cost-share contract.

ATCP 50.54 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (b) (intro.) Register January 2018 No. 745, eff. 2-1-18.

ATCP 50.56 ATCP 50.56 Manure storage systems; ordinance.

ATCP 50.56(1) (1) General. A county, city, village, or town may adopt an ordinance under s. 92.16, Stats., that establishes standards for manure storage systems.

ATCP 50.56(2) (2) Contents. An ordinance adopted under s. 92.16, Stats., shall include all of the following:

ATCP 50.56(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(c) (c) Definitions of significant terms used in the ordinance.

ATCP 50.56(2)(d) (d) Construction provisions under sub. (3).

ATCP 50.56(2)(e) (e) Closure provisions under sub. (4), if any.

ATCP 50.56(2)(f) (f) Conditions, if any, under which the county, city, village, or town may require the closure of a manure storage system.

ATCP 50.56(2)(g) (g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the annual submission of a nutrient management plan that complies with s. ATCP 50.04 (3).

ATCP 50.56 Note Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.

ATCP 50.56(2)(h) (h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

ATCP 50.56(2)(i) (i) Provisions, if any, related to the initial applicability and severability of the ordinance.

ATCP 50.56(2)(j) (j) The effective date of the ordinance.

ATCP 50.56(3) (3) Construction provisions.

ATCP 50.56(3)(a) (a) An ordinance adopted under s. 92.16, Stats., shall establish requirements for constructing a new or modified manure storage system, including storage and transfer components to handle manure.

ATCP 50.56 Note Note: See s. ATCP 50.01 (20).

ATCP 50.56(3)(b) (b) An ordinance adopted under s. 92.16, Stats., shall include provisions that do all of the following:

ATCP 50.56(3)(b)1. 1. Prohibit construction of any part of a manure storage system without a permit from the county, city, village, or town that adopts the ordinance.

ATCP 50.56(3)(b)2. 2. Require submission of a construction plan, a drawing reflecting design changes made during construction, and documentation certifying that the system was installed in accordance with technical standards.

ATCP 50.56 Note Note: Ordinances should provide sufficient time for the local governmental unit to review engineering plans and specifications submitted by applicants. The timelines in s. NR 243.15 (1) (b) and s. ATCP 51.32 are designed to enable permit issuers to thoroughly review today’s complex systems for completeness and conformance with applicable standards. Local governmental units should make every effort to coordinate their permit reviews with other government programs conducting similar reviews.

ATCP 50.56(3)(b)3. 3. Require a nutrient management plan that complies with s. ATCP 50.04 (3).

ATCP 50.56(3)(b)4. 4. Require consistency with state performance standards and prohibitions, and require construction in accordance with conservation practice standards including all of the following:

ATCP 50.56(3)(b)4.a. a. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.56(3)(b)4.b. b. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.56(3)(b)4.c. c. Other applicable NRCS conservation practice standards.

ATCP 50.56(3)(b)4.d. d. Applicable DNR requirements under s. 281.65 (4) (g) 5., Stats.

ATCP 50.56(4) (4) Closure provisions. An ordinance adopted under s. 92.16, Stats., may prohibit any person from closing a manure storage system unless that person does all of the following:

ATCP 50.56(4)(a) (a) Submits a closure plan for approval by the county, city, village, or town. The closure plan shall comply with the waste facility closure provisions contained in the NRCS conservation practice standard 360 waste facility closure (June, 2021).

ATCP 50.56 Note Note: The NRCS conservation practice standard 360 is on file with the department and the legislative reference bureau.

ATCP 50.56(4)(b) (b) Obtains a permit for the closure.

ATCP 50.56(4)(c) (c) Complies with the approved closure plan under par. (a).

ATCP 50.56(5) (5) County review. Before a county, city, village, or town adopts or amends a manure storage ordinance under s. 92.16, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

ATCP 50.56(6) (6) Department oversight. The department may require a county, city, village, or town to submit a proposed or adopted ordinance to the department for review to determine consistency with this chapter in connection with the administration of an ordinance under s. 92.16, Stats. The department may ask the county, city, village, or town for information that it needs to perform the review.

ATCP 50.56 Note Note: See s. 92.05 (3) (L), Stats.

ATCP 50.56 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (c) 1., 2. and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (e), (f), r. and recr. (3), am. (4) (title), (intro.), (a) to (c), (6) (title), renum. (6) to (6) (intro.) and (b) and am., cr. (6) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 4. a., b. Register May 2015 No. 713, eff. 6-1-15; correction in (3) (b) 4. a. made under s. 35.17, Stats., Register May 2015 No. 713; CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (b) 4. (intro.), a. to c., (4) (a), renum. (6) (intro.) to (6) and am., r. (6) (a), (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.58 ATCP 50.58 Shoreland management; ordinance.

ATCP 50.58(1) (1) General. A county, city, village, or town may adopt or amend a shoreland management ordinance under s. 92.17, Stats., with department approval.

ATCP 50.58 Note Note: This subsection does not limit the authority of a county, city, village, or town to adopt a shoreland management ordinance under other applicable law.

ATCP 50.58(2) (2) Contents. An ordinance adopted under s. 92.17, Stats., shall include all of the following provisions:

ATCP 50.58(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.

ATCP 50.58(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

ATCP 50.58(2)(c) (c) Definitions of significant terms used in the ordinance.

ATCP 50.58(2)(d) (d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.

ATCP 50.58(2)(e) (e) Soil and water resource management practices or compliance standards required under the ordinance.

ATCP 50.58(2)(f) (f) Procedures for developing and approving conservation plans, if required under the ordinance.

ATCP 50.58(2)(g) (g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

ATCP 50.58(2)(h) (h) Provisions, if any, related to the initial applicability and severability of the ordinance.

ATCP 50.58(2)(i) (i) The effective date of the ordinance.

ATCP 50.58(3) (3) County review. Before a county, city, village, or town adopts or amends a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

ATCP 50.58(4) (4) Department approval.

ATCP 50.58(4)(a) (a) A county, city, village, or town may submit a proposed ordinance or amendment for department approval under sub. (1). Except as provided in par. (c), the county, city, village, or town shall submit all of the following with the proposed ordinance or amendment:

ATCP 50.58(4)(a)1. 1. County comments under sub. (3), if any.

ATCP 50.58(4)(a)2. 2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.

ATCP 50.58(4)(a)3. 3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs. 59 to 68, Stats.

ATCP 50.58(4)(b) (b) Except as provided in par. (c), the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under sub. (1). The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.

ATCP 50.58 Note Note: DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs. NR 115 and 117.

ATCP 50.58(4)(c) (c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under par. (a), if the department finds that the amendment involves no significant legal or policy issues.

ATCP 50.58(4)(d) (d) The department may approve a shoreland management ordinance or amendment proposed under s. 92.17, Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s. 92.17, Stats.

ATCP 50.58(4)(e) (e) Whenever a county, city, village, or town adopts a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall file a certified copy of the adopted ordinance with the department.

ATCP 50.58 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

ATCP 50.60 ATCP 50.60 Livestock operations; local regulation.

ATCP 50.60(1) (1) Local regulations that exceed state standards; approval required.

ATCP 50.60(1)(a) (a) Except as provided in par. (b), no local regulation may require nutrient management or other conservation practices for livestock operations that exceed the practices required under s. ATCP 50.04 unless the department or DNR approves those requirements under this section or s. NR 151.096.

ATCP 50.60 Note Note: See s. 92.15, Stats. A person adversely affected by a local livestock regulation may oppose its adoption at the local level. The person may also challenge a local regulation in court if the person believes that the local governmental unit has violated par. (a) or s. 92.15, Stats. A local governmental unit is responsible for analyzing the legal adequacy of its regulations, and may exercise its own legal judgment in deciding whether to seek state approval under this section.

ATCP 50.60 Note A local permit requirement does not, by itself, violate par. (a). But permit conditions codified in a local regulation must comply with par. (a). In the case of local permit conditions for new and expanding livestock operations, local governmental units must codify more stringent regulation and meet other requirements of s. ATCP 51.10 (3). If a local governmental unit routinely requires permit holders to comply with uncodified conservation requirements that exceed state standards, those uncodified requirements may be subject to court challenge under s. 92.15, Stats., and par. (a) as de facto regulatory enactments. A local governmental unit may forestall a legal challenge by codifying standard permit conditions and obtaining any necessary state approval under this section. The department will review codified regulations under sub. (2), but will not review individual permits or uncodified permit conditions.

ATCP 50.60(1)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 50.60(1)(b)1. 1. Local regulation of cropping practices that are not directly related to a livestock operation.

ATCP 50.60(1)(b)2. 2. Local regulations enacted prior to October 1, 2002. This does not limit the application of s. 92.15, Stats., to those local regulations.