ATCP 51.01 Note
Note: This chapter applies to local approvals of
new or expanded livestock facilities that 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). See s.
ATCP 51.02.
ATCP 51.01(27)
(27) “NRCS" means the natural resource conservation service of the United States department of agriculture.
ATCP 51.01(28)
(28) “Operator" means a person who applies for or holds a local approval for a livestock facility.
ATCP 51.01(29)
(29) “Pasture" means land on which livestock graze or otherwise seek feed in a manner that maintains the vegetative cover over all of the grazing or feeding area.
ATCP 51.01(30)
(30) “Person" means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.
ATCP 51.01(31)
(31) “Political subdivision" means a city, village, town or county.
ATCP 51.01(32)
(32) “Populate" means to add animal units for which local approval is required.
ATCP 51.01(33)
(33) “Property line" means a line that separates parcels of land owned by different persons.
ATCP 51.01(35)
(35) “Registered professional engineer" means a professional engineer registered under
ch. 443, Stats.
ATCP 51.01(36)
(36) “Related livestock facilities" means livestock facilities that are owned or managed by the same person, and related to each other in at least one of the following ways:
ATCP 51.01(36)(a)
(a) They are located on the same tax parcel or adjacent tax parcels of land.
ATCP 51.01 Note
Note: A mere acquisition of a neighboring livestock facility does not constitute an “expansion" unless more animal units are added to the combined facilities.
ATCP 51.01 Note
See sub. (14).
ATCP 51.01(36)(b)
(b) They use one or more of the same livestock structures to collect or store manure.
ATCP 51.01(36)(c)
(c) At least a portion of their manure is applied to the same landspreading acreage.
ATCP 51.01 Note
Note: Compare definition of “animal feeding operation" under s.
NR 243.03 (2). “Related livestock facilities" are treated as a single livestock facility for purposes of local approval, except that a “separate species facility" may be treated as a separate livestock facility.
See subs. (19) and (38).
ATCP 51.01(37)
(37) “Runoff" means storm water or precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.
ATCP 51.01(38)
(38) “Separate species facility" means a livestock facility that meets all of the following criteria:
ATCP 51.01(38)(a)
(a) It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related under
sub. (36):
ATCP 51.01 Note
Note: For purposes of par. (a), cattle and poultry are different “types" of livestock, but dairy and beef cattle are livestock of the same “type" (“cattle"). Milking cows, heifers, calves and steers (all “cattle") are livestock of the same “type." Turkeys, ducks, geese and chickens are livestock of the same “type" (“poultry").
ATCP 51.01(38)(c)
(c) Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related under
sub. (36).
ATCP 51.01(38)(d)1.
1. Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related under
sub. (36).
ATCP 51.01(38)(d)2.
2. It and the other livestock facilities to which it is related under
sub. (36) have a combined total of fewer than 1,000 animal units.
ATCP 51.01(39)
(39) “Site that is susceptible to groundwater contamination" means any of the following:
ATCP 51.01(39)(c)
(c) An area within 300 feet upslope or 100 feet downslope of a karst feature.
ATCP 51.01(39)(d)
(d) A channel with a cross-sectional area equal to or greater than 3 square feet that flows to a karst feature.
ATCP 51.01(39)(e)
(e) An area where the soil depth to groundwater or bedrock is less than 2 feet.
ATCP 51.01(39)(f)
(f) An area where none of the following separates the ground surface from groundwater and bedrock:
ATCP 51.01(39)(f)1.
1. A soil layer at least 2 feet deep that has at least 40% fine soil particles.
ATCP 51.01(39)(f)2.
2. A soil layer at least 3 feet deep that has at least 20% fine soil particles.
ATCP 51.01(39)(f)3.
3. A soil layer at least 5 feet deep that has at least 10% fine soil particles.
ATCP 51.01(40)
(40) “Substantially altered" livestock structure means a livestock structure that undergoes a material change in construction or use, including any of the following material changes:
ATCP 51.01(40)(c)
(c) An increase of more than 20% in the area or capacity of a livestock structure used to house, feed or confine livestock, or to store livestock feed.
ATCP 51.01(40)(d)
(d) An increase of more than 20% in the number of animal units that will be kept in a livestock structure on at least 90 days in any 12-month period.
ATCP 51.01(41)
(41) “Unconfined manure pile" means a quantity of manure at least 175 cubic feet in volume that covers the ground surface to a depth of at least 2 inches, but does not include any of the following:
ATCP 51.01(41)(a)
(a) Manure that is confined within a manure storage facility, livestock housing structure or barnyard runoff control facility.
ATCP 51.01(41)(b)
(b) Manure that is covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater.
ATCP 51.01(42)
(42) “Waste" means manure, milking center waste and other organic waste generated by a livestock facility.
ATCP 51.01(43)
(43) “Waste storage facility" means one or more waste storage structures. “Waste storage facility" includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. “Waste storage facility" does not include equipment used to apply waste to land.
ATCP 51.01(44)
(44) “Waste storage structure" means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. “Waste storage structure" does not include equipment used to apply waste to land. For purposes of
ss. ATCP 51.12 (2) and
51.14, “waste storage structure" does not include any of the following:
ATCP 51.01(44)(a)
(a) A structure used to collect and store waste under a livestock housing facility.
ATCP 51.01(44)(b)
(b) A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
ATCP 51.01(46)
(46) “Winter grazing area" means cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. “Winter grazing area" does not include any of the following:
ATCP 51.01(46)(a)
(a) An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
ATCP 51.01(46)(b)
(b) An area which at any time has an average of more than 4 livestock animal units per acre.
ATCP 51.01(46)(c)
(c) An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.
ATCP 51.01(47)
(47) “WPDES permit" means a Wisconsin pollutant discharge elimination system permit issued by DNR under
ch. NR 243.
ATCP 51.01 History
History: 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)
(1) This chapter applies to local approvals of the following livestock facilities:
ATCP 51.02(1)(a)
(a) A new or expanded livestock facility that will have 500 or more animal units.
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 Note
Note: 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 Note
A 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 Note
Local 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 Note
A 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)
(2) This chapter does not apply to any of the following:
ATCP 51.02(2)(a)
(a) Livestock facilities other than those in
sub. (1) that require local approval.
ATCP 51.02 Note
Note:
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 51.02 History
History: CR 05-014: cr.
Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.04
ATCP 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 Note
Note: 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 Note
Under 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 51.04 History
History: CR 05-014: cr.
Register April 2006 No. 604, eff. 5-1-06.
ATCP 51.06
ATCP 51.06 Local approval of existing livestock facilities. ATCP 51.06(1)(1)
General. Except as provided in
sub. (2), a local ordinance may not require local approval under this chapter for any of the following:
ATCP 51.06(1)(a)
(a) A livestock facility that existed before May 1, 2006 or before the effective date of the local approval requirement.
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.
