Chapter ATCP 51

Chapter ATCP 51

LIVESTOCK FACILITY SITING

Subchapter I — Definitions and General Provisions

ATCP 51.01   Definitions.

ATCP 51.02   Scope of this chapter.

ATCP 51.04   Animal units.

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 51.30   Application.

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.

Ch. ATCP 51 Note 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.

Ch. ATCP 51 Note 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.

Ch. ATCP 51 Note 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.

Ch. ATCP 51 Note 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:

Ch. ATCP 51 Note • A state livestock facility siting standard adopted by the department under this chapter.

Ch. ATCP 51 Note • 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.

Ch. ATCP 51 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.

Ch. ATCP 51 Note 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:

Ch. ATCP 51 Note “This [law] is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities.”

Ch. ATCP 51 Note “¼[T]he department shall consider whether [livestock facility siting standards] are all of the following:

Ch. ATCP 51 Note • Protective of public health or safety.

Ch. ATCP 51 Note • Practical and workable.

Ch. ATCP 51 Note • Cost-effective.

Ch. ATCP 51 Note • Objective.

Ch. ATCP 51 Note • Based on available scientific evidence that has been subjected to peer review.

Ch. ATCP 51 Note • Designed to promote the growth and viability of animal agriculture in this state.

Ch. ATCP 51 Note • Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.

Ch. ATCP 51 Note • Usable by officials of political subdivisions.”

subch. I of ch. ATCP 51 Subchapter I — Definitions and General Provisions

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)(a) (a) The livestock facility operator.

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(4) (4) “Animal unit” has the meaning that was given in s. NR 243.03 (3) as of April 27, 2004.

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(9) (9) “Complete application for local approval” means an application that contains everything required under s. ATCP 51.30 (1) to (4).