AB894: Bill Text

AB894,9,15 4. Beginning on the first day after the department deems an application for approval complete, the department shall provide 30 days for receiving public comments on the application for approval. The department may hold a public hearing during the public comment period.

AB894,9,17 5. a. The department shall approve or disapprove an application for approval no more than 10 days after the close of the public comment period under subd. 4.

AB894,9,20 b. Except as provided in subd. 5. c., the department shall approve an application for approval if the proposed livestock facility siting or expansion satisfies the standards promulgated by rule under sub. (2) (a).

AB894,9,24 c. If an application for approval involves a proposed livestock facility siting or expansion located in a political subdivision that enacts a requirement under sub. (3) (i) 1., the department shall approve the facility's application for approval if the facility satisfies the requirements enacted under sub. (3) (i) 1. and standards promulgated by rule under sub. (2) (a) that are consistent with the requirements enacted under sub. (3) (i) 1.

AB894,11,8 6. Notwithstanding subd. 5. a., if the department of natural resources notifies the department of agriculture, trade and consumer protection that the facility that is proposed for expansion by the applicant has been the subject of 2 or more notices of violation within the preceding 18 months that allege violations concerning actual discharges of manure or process wastewaters from the facility in violation of ch. 283, any rule promulgated under ch. 283, or any permit issued under ch. 283, the department of agriculture, trade and consumer protection is not required to approve or disapprove the application for approval within 10 days of the close of the public comment period under subd. 4., unless the department of agriculture, trade and consumer protection concludes that the application is consistent with resolving the notices of violation. The department of agriculture, trade and consumer protection shall consult with the department of natural resources after receiving notification under this subdivision. The department of natural resources shall make a written determination of whether the facility remains in significant noncompliance as alleged in the notices of violation and shall provide a copy of the written determination to the department of agriculture, trade and consumer protection and the applicant within 30 days of the close of the public comment period under subd. 4. If the written determination of the department of natural resources is that the facility remains in significant noncompliance, not later than every 30 days thereafter the department of natural resources shall make and submit to the department of agriculture, trade and consumer protection an additional written determination of whether the facility remains in significant noncompliance until the department of natural resources makes and submits a written determination that the facility is no longer in significant noncompliance. Notwithstanding subd. 5. a., if this subdivision applies, the department of agriculture, trade and consumer protection shall approve or disapprove an application for approval no more than 10 days after the department of natural resources provides the department of agriculture, trade and consumer protection with its written determination that the facility does not remain in significant noncompliance as alleged in the notices of violation. This subdivision does not apply to an application for approval if the department of natural resources determines that the applicant will address all actual or alleged violations.

AB894,11,14 7. The department shall make written findings of fact and conclusions of law in support of its decision on an application for approval and shall make a record of its decision making on an application for approval, including a recording of any public hearing, copies of documents submitted at any public hearing or during the public comment period under subd. 4., and copies of any other documents provided to the department in connection with the application for approval.

AB894,11,18 8. The department shall provide notice of its decision to the applicant, the political subdivisions in which the property that is the subject of the application for approval is located, and any other party that submitted written comments during the public comment period under subd. 4.

AB894,16 Section 16 . 93.90 (2m) of the statutes is created to read:

AB894,11,25 93.90 (2m) Restriction on setbacks for livestock structures and waste storage structures. (a) If a political subdivision establishes a setback requirement measured from the nearest point of a highway right-of-way that applies to a livestock structure, the setback requirement may not require that the livestock structure be located more than 100 feet from the nearest point of any highway right-of-way.

AB894,12,4 (b) A livestock structure constructed on or after the effective date of this paragraph .... [LRB inserts date], may be located closer to a property line than any setback requirement established by rule by the department or by a political subdivision if all of the following apply:

AB894,12,8 1. The owner of the land on which the livestock structure is located and the owner of land with a property line within the required setback distance enter into a written agreement and record the agreement with the office of the register of deeds for the county in which the land is located.

AB894,12,11 2. The setback requirement is satisfied with respect to all land, other than the land subject to the agreement described in subd. 1., with a property line within the required setback distance.

AB894,17 Section 17 . 93.90 (3) (title) of the statutes is repealed and recreated to read:

AB894,12,13 93.90 (3) (title) Local approvals.

AB894,18 Section 18 . 93.90 (3) (a) (intro.) of the statutes is repealed.

AB894,19 Section 19 . 93.90 (3) (a) 1. of the statutes is renumbered 93.90 (3) (h) 1.

AB894,20 Section 20 . 93.90 (3) (a) 2. of the statutes is renumbered 93.90 (3) (h) 2. and amended to read:

AB894,12,20 93.90 (3) (h) 2. The site is located in an agricultural zoning district in which the proposed new or expanded livestock facility is prohibited, subject to pars. (b) and (c). par. (i) 2. a. or b.

AB894,21 Section 21 . 93.90 (3) (a) 3. of the statutes is renumbered 93.90 (3) (h) 3.

AB894,22 Section 22 . 93.90 (3) (a) 4. of the statutes is renumbered 93.90 (3) (h) 4.

AB894,23 Section 23 . 93.90 (3) (a) 5. of the statutes is repealed.

AB894,24 Section 24 . 93.90 (3) (a) 6. of the statutes is repealed.

AB894,25 Section 25 . 93.90 (3) (a) 8. of the statutes is repealed.

AB894,26 Section 26. 93.90 (3) (a) 9. of the statutes is repealed.

AB894,27 Section 27 . 93.90 (3) (ae) of the statutes is repealed.

AB894,28 Section 28 . 93.90 (3) (am) of the statutes is repealed.

AB894,29 Section 29 . 93.90 (3) (ar) of the statutes is repealed.

AB894,30 Section 30 . 93.90 (3) (b) of the statutes is renumbered 93.90 (3) (i) 2. a. and amended to read:

AB894,13,13 93.90 (3) (i) 2. a. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not prohibit Prohibit a type of livestock facility in an agricultural zoning district based on number of animal units if livestock facilities of that type with fewer animal units are allowed in that zoning district, unless the political subdivision also has an agricultural zoning district in which livestock facilities of that type are permitted or conditional uses without respect to number of animal units.

AB894,31 Section 31 . 93.90 (3) (c) of the statutes is renumbered 93.90 (3) (i) 2. b. and amended to read:

AB894,13,23 93.90 (3) (i) 2. b. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not enact Enact or enforce a zoning ordinance with a category of agricultural district in which livestock facilities are prohibited unless the political subdivision bases that prohibition on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that are based on specific, but not necessarily unique, circumstances in that political subdivision that clearly show that the prohibition is necessary to protect public health or safety in that political subdivision.

AB894,32 Section 32 . 93.90 (3) (d) of the statutes is renumbered 93.90 (3) (i) 3. and amended to read:

AB894,14,7 93.90 (3) (i) 3. Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political subdivision that requires compliance with state standards under sub. (2) (a) as a condition of issuing a special exception or conditional use permit granting a local approval for an expanded livestock facility is not required to determine that cost-sharing is available to the operator of the livestock facility for facilities or practices needed to comply with those standards if the livestock facility will have 500 or more animal units.

AB894,33 Section 33 . 93.90 (3) (e) of the statutes is renumbered 93.90 (3) (i) 2. c. and amended to read:

AB894,14,20 93.90 (3) (i) 2. c. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not enact a requirement Require that a person obtain a special exception or conditional use permit local approval for the expansion of a livestock facility that exists when the requirement takes effect, except that a political subdivision may enact a requirement that a person obtain a special exception or conditional use permit local approval for the expansion of a livestock facility that exists when the requirement takes effect if the requirement applies only when the number of animal units that the livestock facility will have after expansion will exceed by more than 20 percent the largest number of animal units that were at the livestock facility for at least 90 days in the 12-month period before the requirement takes effect.

AB894,34 Section 34 . 93.90 (3) (f) of the statutes is renumbered 93.90 (3) (k).

AB894,35 Section 35 . 93.90 (3) (g) of the statutes is created to read:

AB894,14,24 93.90 (3) (g) Subject to par. (i) 2. c., a political subdivision may require a local approval for a livestock facility siting or expansion if any of the following applies:

AB894,15,2 1. The proposed new or expanded livestock facility will have 500 or more animal units.

AB894,15,6 2. The proposed new or expanded livestock facility will have fewer than 500 animal units but will exceed a size threshold for requiring a special exception or conditional use permit that was incorporated into the political subdivision's ordinances before July 19, 2003.

AB894,36 Section 36 . 93.90 (3) (h) (intro.) of the statutes is created to read:

AB894,15,10 93.90 (3) (h) (intro.) Subject to par. (i) 2., a political subdivision may not prohibit or disapprove a livestock facility siting or expansion unless at least one of the following applies:

AB894,37 Section 37 . 93.90 (3) (h) 5. of the statutes is created to read:

AB894,15,13 93.90 (3) (h) 5. The department disapproves the application for approval for the livestock facility siting or expansion under sub. (2) (f) 5.

AB894,38 Section 38 . 93.90 (3) (i) 1. of the statutes is created to read:

AB894,15,16 93.90 (3) (i) 1. If a political subdivision requires a local approval for a new or expanded livestock facility, the political subdivision may do any of the following:

AB894,15,22 a. Enact a requirement that is more stringent than the state standards under sub. (2) (a) if the requirement is based on reasonable and scientifically defensible findings of fact, adopted by the political subdivision, that are based on specific, but not necessarily unique, circumstances in that political subdivision and that clearly show that the requirement is necessary to protect public health or safety in that political subdivision.

AB894,15,25 b. Enact a setback requirement that is less stringent than a setback requirement under sub. (2) (a) if the setback requirement is incorporated in the political subdivision's ordinance as a numerical standard.

AB894,39 Section 39. 93.90 (3) (i) 2. (intro.) of the statutes is created to read:

AB894,16,3 93.90 (3) (i) 2. (intro.) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not do any of the following:

AB894,40 Section 40. 93.90 (3) (j) of the statutes is created to read:

AB894,16,7 93.90 (3) (j) A political subdivision shall prohibit a livestock facility siting or expansion if the department disapproves the application for approval for the livestock facility siting or expansion under sub. (2) (f) 5.

AB894,41 Section 41 . 93.90 (3) (L) of the statutes is created to read:

AB894,16,12 93.90 (3) (L) 1. Except as provided in subd. 2., no political subdivision may require a person to pay a fee or post bond or security with the political subdivision in connection with making a decision under sub. (3) (h) concerning a livestock facility siting or expansion proposed by the person.

AB894,16,16 2. a. A political subdivision may enact an ordinance that establishes a fee of not more than $1,000 for processing and reviewing an application concerning a proposed livestock facility siting or expansion under sub. (3) (h) and not more than $500 for processing an application for permit modification.

AB894,16,22 b. For calendar years beginning after December 31, 2020, the dollar amounts for the fee limits under subd. 2. a. shall be adjusted each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2019, as determined by the federal department of labor.

AB894,42 Section 42 . 93.90 (4) of the statutes is repealed.

AB894,43 Section 43 . 93.90 (5) (title) of the statutes is amended to read:

AB894,16,25 93.90 (5) (title) Review of department siting decisions.

AB894,44 Section 44. 93.90 (5) (a) of the statutes is amended to read:

AB894,17,7 93.90 (5) (a) In this subsection “aggrieved person" means a political subdivision in which a proposed new or expanded livestock facility would be located, a person who applied to a political subdivision the department for approval of a livestock facility siting or expansion, a person who lives within 2 miles of a livestock facility that is proposed to be sited or expanded, or a person who owns land within 2 miles of a livestock facility that is proposed to be sited or expanded.

AB894,45 Section 45 . 93.90 (5) (b) of the statutes is amended to read:

AB894,17,20 93.90 (5) (b) An aggrieved person may challenge the decision of a political subdivision the department on an application for approval on the grounds that the political subdivision department incorrectly applied the state standards under sub. (2) (a) or requirements under sub. (3) (i) 1. that are applicable to the livestock facility siting or expansion or violated sub. (3), by requesting the board to review the decision. An aggrieved person is not required to exhaust the political subdivision's department's administrative remedies before requesting review by the board. An aggrieved person shall request a review under this paragraph within 30 days after the political subdivision department approves or disapproves the application for approval or, if the aggrieved person chooses to exhaust the political subdivision's administrative remedies, within 30 days after the final decision in the political subdivision's administrative review process.

AB894,46 Section 46 . 93.90 (5) (bm) of the statutes is amended to read:

AB894,18,2 93.90 (5) (bm) Upon receiving a request under par. (b), the board shall notify the political subdivision department of the request. The political subdivision department shall provide a certified copy of the record and its written findings and conclusions under sub. (4) (2) (f) 7. to the board within 30 days after the day on which it receives the notice.

AB894,47 Section 47 . 93.90 (5) (c) of the statutes is amended to read:

AB894,18,14 93.90 (5) (c) Upon receiving the certified copy of the record under par. (bm), the board shall determine whether the challenge is valid. The board shall make its decision without deference to the decision of the political subdivision department and shall base its decision only on the evidence in the record and its written findings and conclusions under sub. (4) (b) (2) (f) 7. In a case that involves the application of requirements related to water quality, the board shall consult with the department of agriculture, trade and consumer protection or with the department of natural resources concerning the application of the requirements related to water quality. The board shall make its decision within 60 days after the day on which it receives the certified copy of the record under par. (bm), except that the board may extend this time limit for good cause specified in writing by the board.

AB894,48 Section 48 . 93.90 (5) (d) of the statutes is amended to read:

AB894,18,21 93.90 (5) (d) If the board determines that a challenge is valid, the board shall reverse the decision of the political subdivision department. The decision of the board is binding on the political subdivision department, subject to par. (e). If a political subdivision the department fails to comply with a decision of the board that has not been appealed under par. (e), an aggrieved person may bring an action to enforce the decision.

AB894,49 Section 49 . 93.90 (5) (f) of the statutes is amended to read:

AB894,18,25 93.90 (5) (f) A circuit court to which a decision of the board is appealed under par. (e) shall review the decision of the board based on the evidence in the record and written findings and conclusions under sub. (4) (b) (2) (f) 7.

AB894,50 Section 50. 93.90 (6) of the statutes is created to read:

AB894,19,5 93.90 (6) Political subdivision procedure. (a) After receiving notice under sub. (2) (f) 2. of an application for approval, a political subdivision shall provide notice of the proposed livestock facility siting or expansion to all landowners adjacent to the property that is the subject of the application for approval.

AB894,19,9 (b) No later than 60 days after receiving notification under sub. (2) (f) 8. that the department has approved an application for approval, a political subdivision shall approve or disapprove under sub. (3) (h) the proposed livestock facility siting or expansion that is the subject of the application for approval.

AB894,19,14 (c) A person may challenge the decision of a political subdivision under par. (b) by bringing an action within 30 days of the political subdivision's decision before the board of appeals or board of adjustment of the political subdivision, or by review by certiorari in the circuit court for the county in which the property that is the subject of the application for approval is located.

AB894,51 Section 51 . Nonstatutory provisions.

AB894,19,23 (1) Livestock facility technical review board; staggering of terms. Notwithstanding the length of terms specified for members of the livestock facility technical review board under s. 15.135 (2) (b), two of the initial members shall be appointed for a term expiring on July 1, 2021; two of the initial members shall be appointed for a term expiring on July 1, 2022; two of the initial members shall be appointed for a term expiring on July 1, 2023; two of the initial members shall be appointed for a term expiring on July 1, 2024; and the remaining member shall be appointed for a term expiring on July 1, 2025.

AB894,52 Section 52 . Initial applicability.

AB894,20,6 (1) Applications. The treatment of s. 93.90 (2) (e) 2. and (f), (2m), (3) (title) and (a) (intro.), 1., 2., 3., 4., 5., 6., 8., and 9., (ae), (am), (ar), (b), (c), (d), (e), (f), (g), (h) (intro.) and 5., (i) 1. and 2. (intro.), (j), and (L), (4), (5) (title), (a), (b), (bm), (c), (d), and (f), and (6) first applies to an application for approval, as defined in s. 93.90 (1m) (b), received by the department of agriculture, trade and consumer protection on the effective date of this subsection.

AB894,20,9 (2) Existing rules. The treatment of s. 93.90 (2) (a) first applies to rules promulgated by the department of agriculture, trade and consumer protection under s. 93.90 (2) (a) on the effective date of this subsection.

AB894,20,10 (End)