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SB808,4,76 1. A member selected from names submitted by the Wisconsin Towns
7Association.
SB808,4,98 2. A member selected from names submitted by the Wisconsin Counties
9Association.
SB808,4,1110 3. A member selected from names submitted by the Land and Water
11Conservation Association.
SB808,4,1412 4. A member selected from names submitted by Clean Wisconsin, Inc., Midwest
13Environmental Advocates, the Sierra Club, the Nature Conservancy, Wisconsin
14Environment, Inc., and other statewide, environmental-related organizations.
SB808,5,6
15. Five members selected from names submitted by the Wisconsin Farm
2Bureau Federation, the Wisconsin Farmer's Union, the Dairy Business Association,
3the Wisconsin Dairy Alliance, the Wisconsin Pork Producers, the Wisconsin
4Cattlemen's Association, and other statewide, agriculture-related organizations. At
5least 3 of these members must hold a permit under s. 283.31 from the department
6of natural resources or be a permittee's designee.
SB808,5,97 (b) The members under par. (a) shall be nominated by the secretary of
8agriculture, trade and consumer protection, and with the advice and consent of the
9senate appointed, for 5-year terms.
SB808,2 10Section 2 . 93.90 (1m) (b) of the statutes is amended to read:
SB808,5,1511 93.90 (1m) (b) “Application for approval" means an application submitted to
12the department
for approval of a livestock facility siting or expansion based on
13compliance with standards promulgated by rule under sub. (2) (a), and, if applicable,
14more stringent standards enacted by a political subdivision under sub. (3) (i) 1. An
15“application for approval” includes an application for permit modification
.
SB808,3 16Section 3 . 93.90 (1m) (bm) of the statutes is created to read:
SB808,5,2017 93.90 (1m) (bm) “Application for permit modification” means an application
18concerning a livestock facility siting or expansion that was previously approved
19under sub. (2) (f) 5. or approved before the effective date of this paragraph .... [LRB
20inserts date], if any of the following applies:
SB808,5,2421 1. The proposed livestock facility involves the construction or alteration of one
22or more livestock structures without increasing the maximum number of animal
23units authorized in the most recent approval granted under sub. (2) (f) 5. or granted
24before the effective date of this subdivision .... [LRB inserts date].
SB808,6,3
12. The proposed livestock facility involves increasing the maximum number of
2animal units held at the livestock facility without the construction or alteration of
3any livestock structures and all of the following apply:
SB808,6,74 a. The applicant has not previously increased the number of animal units above
5the maximum number of animal units authorized in the most recent local approval
6granted under sub. (2) (f) 5. or granted before the effective date of this subd. 2. a. ....
7[LRB inserts date].
SB808,6,118 b. The proposed increase in animal units does not exceed 20 percent of the
9maximum number of animal units authorized in the most recent local approval
10granted under sub. (2) (f) 5. or granted before the effective date of this subd. 2. b. ....
11[LRB inserts date].
SB808,4 12Section 4. 93.90 (1m) (dr) of the statutes is created to read:
SB808,6,1313 93.90 (1m) (dr) “Highway” has the meaning given in s. 340.01 (22).
SB808,5 14Section 5. 93.90 (1m) (eg) of the statutes is created to read:
SB808,6,2315 93.90 (1m) (eg) “Livestock structure" means a building or other structure used
16to house or feed livestock, to confine livestock for milking, to confine livestock for
17feeding other than grazing, to store livestock feed, or to collect or store waste
18generated at a livestock facility. “Livestock structure" includes a barn, milking
19parlor, feed storage facility, feeding facility, animal lot, or waste storage structure.
20“Livestock structure" does not include a pasture or winter grazing area, a fence
21surrounding a pasture or winter grazing area, a livestock watering or feeding facility
22in a pasture or winter grazing area, or a machine shed or like facility that is not used
23for livestock.
SB808,6 24Section 6 . 93.90 (1m) (er) of the statutes is created to read:
SB808,6,2525 93.90 (1m) (er) “Local approval” has the meaning given in s. ATCP 51.01 (21).
SB808,7
1Section 7. 93.90 (1m) (g) of the statutes is created to read:
SB808,7,42 93.90 (1m) (g) “Property line” means the boundary of a property that is owned
3by someone other than the owner of the livestock structure for which a setback
4requirement is being measured.
SB808,8 5Section 8 . 93.90 (1m) (h) of the statutes is created to read:
SB808,7,76 93.90 (1m) (h) “Waste” means manure, milking center waste, and other organic
7waste generated by a livestock facility.
SB808,9 8Section 9 . 93.90 (1m) (i) of the statutes is created to read:
SB808,7,129 93.90 (1m) (i) “Waste storage structure” means a waste storage impoundment
10made by constructing embankments, excavating a pit or dugout, or fabricating a
11structure. “Waste storage structure” does not include equipment used to apply waste
12to land.
SB808,10 13Section 10 . 93.90 (2) (a) of the statutes is amended to read:
SB808,7,2214 93.90 (2) (a) For the purposes of this section, the department shall promulgate
15rules specifying standards for siting and expanding livestock facilities. In
16promulgating the rules, the department may incorporate by cross-reference
17provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8),
1892.16, and 281.16 (3) and ch. 283. The department may not promulgate rules under
19this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or (k), 92.14
20(8), 92.16, or 281.16 (3) or ch. 283. The department may not promulgate rules under
21this paragraph unless at least two-thirds of the members of the livestock facility
22technical review board first approves the rules.
SB808,11 23Section 11 . 93.90 (2) (am) of the statutes is created to read:
SB808,8,3
193.90 (2) (am) Any rules promulgated by the department under par. (a) that
2establish setback requirements or odor and air emissions standards for waste
3storage structures do not apply to any of the following:
SB808,8,44 1. A structure used to collect and store waste under a livestock housing facility.
SB808,8,65 2. A manure digester consisting of a sealed structure in which manure is
6subjected to managed biological decomposition.
SB808,12 7Section 12 . 93.90 (2) (c) of the statutes is repealed.
SB808,13 8Section 13 . 93.90 (2) (d) of the statutes is amended to read:
SB808,8,119 93.90 (2) (d) The secretary shall appoint a committee of experts to livestock
10facility technical review board shall
advise the department on the promulgation of
11the rules under par. (a) and on the review of rules under par. (c).
SB808,14 12Section 14 . 93.90 (2) (e) 2. of the statutes is amended to read:
SB808,8,1513 93.90 (2) (e) 2. Specify the information and documentation that must be
14included in a record of decision making, written findings, and conclusions under sub.
15(4) (b).
par. (f) 7.
SB808,15 16Section 15. 93.90 (2) (f) of the statutes is created to read:
SB808,8,2017 93.90 (2) (f) 1. If a local approval under sub. (3) (g) is required for a new or
18expanded livestock facility, the operator of the facility shall submit an application for
19approval to the department. The department may establish a fee not exceeding $750
20for reviewing applications under this paragraph.
SB808,8,2421 2. No later than 2 business days after the department receives an application
22for approval, the department shall provide notification and a copy of the application
23for approval to the political subdivisions in which the property that is the subject of
24the application for approval is located.
SB808,9,11
13. No later than 14 days after the department receives an application for
2approval, the department shall notify the applicant whether the application for
3approval is complete and, if it is not complete, what supplementary information is
4needed to complete the application for approval. Upon receipt of any supplementary
5information from the applicant, the department shall have 7 days to review the
6information and notify the applicant whether the application for approval is
7complete and, if it is not complete, what additional supplementary information is
8needed to complete the application for approval. As soon as the department deems
9the application for approval complete, the department shall notify the applicant and
10the political subdivisions in which the property that is the subject of the application
11is located.
SB808,9,1512 4. Beginning on the first day after the department deems an application for
13approval complete, the department shall provide 30 days for receiving public
14comments on the application for approval. The department may hold a public
15hearing during the public comment period.
SB808,9,1716 5. a. The department shall approve or disapprove an application for approval
17no more than 10 days after the close of the public comment period under subd. 4.
SB808,9,2018 b. Except as provided in subd. 5. c., the department shall approve an
19application for approval if the proposed livestock facility siting or expansion satisfies
20the standards promulgated by rule under sub. (2) (a).
SB808,9,2421 c. If an application for approval involves a proposed livestock facility siting or
22expansion located in a political subdivision that enacts a requirement under sub. (3)
23(i) 1., the department shall approve the facility's application for approval if the
24facility satisfies the requirements enacted under sub. (3) (i) 1. and standards

1promulgated by rule under sub. (2) (a) that are consistent with the requirements
2enacted under sub. (3) (i) 1.
SB808,11,83 6. Notwithstanding subd. 5. a., if the department of natural resources notifies
4the department of agriculture, trade and consumer protection that the facility that
5is proposed for expansion by the applicant has been the subject of 2 or more notices
6of violation within the preceding 18 months that allege violations concerning actual
7discharges of manure or process wastewaters from the facility in violation of ch. 283,
8any rule promulgated under ch. 283, or any permit issued under ch. 283, the
9department of agriculture, trade and consumer protection is not required to approve
10or disapprove the application for approval within 10 days of the close of the public
11comment period under subd. 4., unless the department of agriculture, trade and
12consumer protection concludes that the application is consistent with resolving the
13notices of violation. The department of agriculture, trade and consumer protection
14shall consult with the department of natural resources after receiving notification
15under this subdivision. The department of natural resources shall make a written
16determination of whether the facility remains in significant noncompliance as
17alleged in the notices of violation and shall provide a copy of the written
18determination to the department of agriculture, trade and consumer protection and
19the applicant within 30 days of the close of the public comment period under subd.
204. If the written determination of the department of natural resources is that the
21facility remains in significant noncompliance, not later than every 30 days thereafter
22the department of natural resources shall make and submit to the department of
23agriculture, trade and consumer protection an additional written determination of
24whether the facility remains in significant noncompliance until the department of
25natural resources makes and submits a written determination that the facility is no

1longer in significant noncompliance. Notwithstanding subd. 5. a., if this subdivision
2applies, the department of agriculture, trade and consumer protection shall approve
3or disapprove an application for approval no more than 10 days after the department
4of natural resources provides the department of agriculture, trade and consumer
5protection with its written determination that the facility does not remain in
6significant noncompliance as alleged in the notices of violation. This subdivision
7does not apply to an application for approval if the department of natural resources
8determines that the applicant will address all actual or alleged violations.
SB808,11,149 7. The department shall make written findings of fact and conclusions of law
10in support of its decision on an application for approval and shall make a record of
11its decision making on an application for approval, including a recording of any
12public hearing, copies of documents submitted at any public hearing or during the
13public comment period under subd. 4., and copies of any other documents provided
14to the department in connection with the application for approval.
SB808,11,1815 8. The department shall provide notice of its decision to the applicant, the
16political subdivisions in which the property that is the subject of the application for
17approval is located, and any other party that submitted written comments during the
18public comment period under subd. 4.
SB808,16 19Section 16 . 93.90 (2m) of the statutes is created to read:
SB808,11,2520 93.90 (2m) Restriction on setbacks for livestock structures and waste
21storage structures.
(a) If a political subdivision establishes a setback requirement
22measured from the nearest point of a highway right-of-way that applies to a
23livestock structure, the setback requirement may not require that the livestock
24structure be located more than 100 feet from the nearest point of any highway
25right-of-way.
SB808,12,4
1(b) A livestock structure constructed on or after the effective date of this
2paragraph .... [LRB inserts date], may be located closer to a property line than any
3setback requirement established by rule by the department or by a political
4subdivision if all of the following apply:
SB808,12,85 1. The owner of the land on which the livestock structure is located and the
6owner of land with a property line within the required setback distance enter into
7a written agreement and record the agreement with the office of the register of deeds
8for the county in which the land is located.
SB808,12,119 2. The setback requirement is satisfied with respect to all land, other than the
10land subject to the agreement described in subd. 1., with a property line within the
11required setback distance.
SB808,17 12Section 17 . 93.90 (3) (title) of the statutes is repealed and recreated to read:
SB808,12,1313 93.90 (3) (title) Local approvals.
SB808,18 14Section 18 . 93.90 (3) (a) (intro.) of the statutes is repealed.
SB808,19 15Section 19 . 93.90 (3) (a) 1. of the statutes is renumbered 93.90 (3) (h) 1.
SB808,20 16Section 20 . 93.90 (3) (a) 2. of the statutes is renumbered 93.90 (3) (h) 2. and
17amended to read:
SB808,12,2018 93.90 (3) (h) 2. The site is located in an agricultural zoning district in which
19the proposed new or expanded livestock facility is prohibited, subject to pars. (b) and
20(c).
par. (i) 2. a. or b.
SB808,21 21Section 21 . 93.90 (3) (a) 3. of the statutes is renumbered 93.90 (3) (h) 3.
SB808,22 22Section 22 . 93.90 (3) (a) 4. of the statutes is renumbered 93.90 (3) (h) 4.
SB808,23 23Section 23 . 93.90 (3) (a) 5. of the statutes is repealed.
SB808,24 24Section 24 . 93.90 (3) (a) 6. of the statutes is repealed.
SB808,25 25Section 25 . 93.90 (3) (a) 8. of the statutes is repealed.
SB808,26
1Section 26. 93.90 (3) (a) 9. of the statutes is repealed.
SB808,27 2Section 27 . 93.90 (3) (ae) of the statutes is repealed.
SB808,28 3Section 28 . 93.90 (3) (am) of the statutes is repealed.
SB808,29 4Section 29 . 93.90 (3) (ar) of the statutes is repealed.
SB808,30 5Section 30 . 93.90 (3) (b) of the statutes is renumbered 93.90 (3) (i) 2. a. and
6amended to read:
SB808,13,137 93.90 (3) (i) 2. a. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
8political subdivision may not prohibit
Prohibit a type of livestock facility in an
9agricultural zoning district based on number of animal units if livestock facilities of
10that type with fewer animal units are allowed in that zoning district, unless the
11political subdivision also has an agricultural zoning district in which livestock
12facilities of that type are permitted or conditional uses without respect to number of
13animal units.
SB808,31 14Section 31 . 93.90 (3) (c) of the statutes is renumbered 93.90 (3) (i) 2. b. and
15amended to read:
SB808,13,2316 93.90 (3) (i) 2. b. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
17political subdivision may not enact
Enact or enforce a zoning ordinance with a
18category of agricultural district in which livestock facilities are prohibited unless the
19political subdivision bases that prohibition on reasonable and scientifically
20defensible findings of fact, adopted by the political subdivision, that are based on
21specific, but not necessarily unique, circumstances in that political subdivision
that
22clearly show that the prohibition is necessary to protect public health or safety in
23that political subdivision
.
SB808,32 24Section 32 . 93.90 (3) (d) of the statutes is renumbered 93.90 (3) (i) 3. and
25amended to read:
SB808,14,7
193.90 (3) (i) 3. Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political
2subdivision that requires compliance with state standards under sub. (2) (a) as a
3condition of issuing a special exception or conditional use permit granting a local
4approval
for an expanded livestock facility is not required to determine that
5cost-sharing is available to the operator of the livestock facility for facilities or
6practices needed to comply with those standards if the livestock facility will have 500
7or more animal units.
SB808,33 8Section 33 . 93.90 (3) (e) of the statutes is renumbered 93.90 (3) (i) 2. c. and
9amended to read:
SB808,14,2010 93.90 (3) (i) 2. c. Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
11political subdivision may not enact a requirement
Require that a person obtain a
12special exception or conditional use permit
local approval for the expansion of a
13livestock facility that exists when the requirement takes effect, except that a political
14subdivision may enact a requirement that a person obtain a special exception or
15conditional use permit
local approval for the expansion of a livestock facility that
16exists when the requirement takes effect if the requirement applies only when the
17number of animal units that the livestock facility will have after expansion will
18exceed by more than 20 percent the largest number of animal units that were at the
19livestock facility for at least 90 days in the 12-month period before the requirement
20takes effect.
SB808,34 21Section 34 . 93.90 (3) (f) of the statutes is renumbered 93.90 (3) (k).
SB808,35 22Section 35 . 93.90 (3) (g) of the statutes is created to read:
SB808,14,2423 93.90 (3) (g) Subject to par. (i) 2. c., a political subdivision may require a local
24approval for a livestock facility siting or expansion if any of the following applies:
SB808,15,2
11. The proposed new or expanded livestock facility will have 500 or more animal
2units.
SB808,15,63 2. The proposed new or expanded livestock facility will have fewer than 500
4animal units but will exceed a size threshold for requiring a special exception or
5conditional use permit that was incorporated into the political subdivision's
6ordinances before July 19, 2003.
SB808,36 7Section 36 . 93.90 (3) (h) (intro.) of the statutes is created to read:
SB808,15,108 93.90 (3) (h) (intro.) Subject to par. (i) 2., a political subdivision may not prohibit
9or disapprove a livestock facility siting or expansion unless at least one of the
10following applies:
SB808,37 11Section 37 . 93.90 (3) (h) 5. of the statutes is created to read:
SB808,15,1312 93.90 (3) (h) 5. The department disapproves the application for approval for the
13livestock facility siting or expansion under sub. (2) (f) 5.
SB808,38 14Section 38 . 93.90 (3) (i) 1. of the statutes is created to read:
SB808,15,1615 93.90 (3) (i) 1. If a political subdivision requires a local approval for a new or
16expanded livestock facility, the political subdivision may do any of the following:
SB808,15,2217 a. Enact a requirement that is more stringent than the state standards under
18sub. (2) (a) if the requirement is based on reasonable and scientifically defensible
19findings of fact, adopted by the political subdivision, that are based on specific, but
20not necessarily unique, circumstances in that political subdivision and that clearly
21show that the requirement is necessary to protect public health or safety in that
22political subdivision.
SB808,15,2523 b. Enact a setback requirement that is less stringent than a setback
24requirement under sub. (2) (a) if the setback requirement is incorporated in the
25political subdivision's ordinance as a numerical standard.
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