Register May 2020 No. 773
Chapter ATCP 51
LIVESTOCK FACILITY SITING
Subchapter I — Definitions and General Provisions
ATCP 51.02 Scope of this chapter.
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 51.32 Timely action on application.
ATCP 51.34 Granting or denying an application.
ATCP 51.36 Record of decision-making.
Ch. ATCP 51 Note
Note: 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 Note
The site is located in a zoning district that is not an agricultural zoning district.
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The 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.
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The 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.
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The 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.
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The 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:
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• A state livestock facility siting standard adopted by the department under this chapter.
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• 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.
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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.
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The department must review the livestock facility siting standards under this chapter at least once every 4 years (
see s.
93.90 (2) (c), Stats.). The department will review the standards at least annually during the first 4 years of rule implementation. The department will track local siting applications and decisions (
see s.
ATCP 51.34 (5)), and will review that information at least monthly during the first year of rule implementation.
Ch. ATCP 51 Note
The livestock facility siting law includes the following statements of legislative intent:
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“This [law] is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities."
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“…[T]he department shall consider whether
[livestock facility siting standards] are all of the following:
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• Protective of public health or safety.
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• Practical and workable.
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• Cost-effective.
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• Objective.
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• Based on available scientific evidence that has been subjected to peer review.
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• Designed to promote the growth and viability of animal agriculture in this state.
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• Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.
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• Usable by officials of political subdivisions."
ATCP 51.01
ATCP 51.01 Definitions. In this chapter:
ATCP 51.01(1)
(1) “Adjacent" means located on land parcels that touch each other, or on land parcels that are separated only by a river, stream, or transportation or utility right–of–way.
ATCP 51.01(2)
(2) “Affected neighbor" means, for purposes of the odor score calculation under
s. ATCP 51.14, a residence or high-use building located within 2,500 feet of any livestock structure at a proposed livestock facility. “Affected neighbor" does not include a residence or high-use building owned by any of the following:
ATCP 51.01(2)(b)
(b) A person who affirmatively agrees to have the residence or high-use building excluded from the odor score calculation under
s. ATCP 51.14.
ATCP 51.01 Note
Note: The odor score calculation under s.
ATCP 51.14 is based, in part, on the proximity and density of “affected neighbors."
See Appendix A, worksheet 2.
ATCP 51.01(3)
(3) “Animal lot" means a feedlot, barnyard or other outdoor facility where livestock are concentrated for feeding or other purposes. “Animal lot" does not include a pasture or winter grazing area. Two or more animal lots at the same livestock facility constitute a single animal lot, for purposes of this chapter, if runoff from the animal lots drains to the same treatment area under
s. ATCP 51.20 (2) or if runoff from the animal lot treatment areas converges or reaches the same surface water within 200 feet of any of those treatment areas.
ATCP 51.01 Note
Note: See s.
93.90 (1m) (a), Stats., and s.
ATCP 51.04. “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).
ATCP 51.01(5)
(5) “
BARNY model" means the NRCS “Evaluation System to Rate Feedlot Pollution Potential," ARM-NC-17 (April 1982 version with modifications as of August 2005).
ATCP 51.01 Note
Note: The BARNY model is a commonly used computer model that predicts nutrient runoff from animal lots. Copies of the BARNY model are on file with the department, the secretary of state and the legislative reference bureau. An Excel computer spreadsheet version is available at
www.datcp.state.wi.us.
ATCP 51.01(6)
(6) “Bedrock" means the top of the shallowest layer of a soil profile that consists of consolidated rock material or weathered-in-place material, more than 50% of the volume of which will be retained on a 2 mm soil sieve.
ATCP 51.01(7)
(7) “Certified agricultural engineering practitioner" means an agricultural engineering practitioner who is certified under
s. ATCP 50.46 with a rating under
s. ATCP 50.46 (5) that authorizes the practitioner to certify every matter that the practitioner certifies under this chapter.
ATCP 51.01(8)
(8) “Cluster" means any group of one or more livestock structures within a livestock facility.
ATCP 51.01(10)
(10) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 51.01 Note
Note: Under s.
NR 151.015 (7), “direct runoff" means a discharge of a significant amount of pollutants to waters of the state resulting from any of the following practices:
ATCP 51.01 Note
(a) Runoff from a manure storage facility.
ATCP 51.01 Note
(b) Runoff from an animal lot that can be predicted to reach surface waters of the state through a defined or channelized flow path or man-made conveyance.
ATCP 51.01 Note
(c) Discharge of leachate from a manure pile.
