ATCP 51.01 NoteNote: 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. Although this chapter covers all livestock structures in an “expanded livestock facility,” existing structures are subject to less rigorous standards than new or expanded structures, and are completely exempt from certain requirements. ATCP 51.01(14)(14) “Expansion” means an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an “expansion” unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12-month period. ATCP 51.01(15)(15) “Fine soil particles” means soil particles that pass through a # 200 soil sieve. ATCP 51.01(16)(16) “High-use building” means any of the following buildings: ATCP 51.01(16)(a)(a) A residential building that has at least 6 distinct dwelling units. ATCP 51.01(16)(b)(b) A restaurant, hotel, motel or tourist rooming house that holds a permit under s. 97.605, Stats. ATCP 51.01(16)(e)(e) A non-farm business or workplace that is normally occupied, during at least 40 hours of each week of the year, by customers or employed workers. ATCP 51.01(17)(17) “Karst feature” means an area or superficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater. “Karst feature” may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets. ATCP 51.01(18)(18) “Livestock” means domestic animals traditionally used in this state in the production of food, fiber or other animal products. “Livestock” includes cattle, swine, poultry, sheep and goats. “Livestock” does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink. ATCP 51.01(19)(19) “Livestock facility” means a feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12–month period. A “livestock facility” includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single “livestock facility” for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate “livestock facility.” ATCP 51.01 NoteNote: See definition of “related livestock facilities” in sub. (36) and “separate species facility” in sub. (38).
ATCP 51.01(20)(20) “Livestock structure” means a building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. “Livestock structure” includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage facility. “Livestock structure” does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock. ATCP 51.01(21)(21) “Local approval” means an approval, required by local ordinance, of a new or expanded livestock facility. “Local approval” includes a license, permit, special exception, conditional use permit or other form of local authorization. “Local approval” does not include any of the following: ATCP 51.01 NoteNote: See s. 93.90 (3) (a) 3., Stats. The statutes listed in par. (a) pertain to shoreland zoning, floodplain zoning, construction site erosion control and stormwater management. ATCP 51.01(21)(b)(b) 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 51.01(22)(22) “Local ordinance” or “local code” means an ordinance enacted by a political subdivision. ATCP 51.01(23)(23) “Manure” means excreta from livestock kept at a livestock facility. “Manure” includes livestock bedding, water, soil, hair, feathers, and other debris that becomes intermingled with livestock excreta in normal manure handling operations. ATCP 51.01(24)(24) “Minor alteration” of a livestock structure means a repair or improvement in the construction of an existing livestock structure that does not result in a substantially altered livestock structure. ATCP 51.01(26)(26) “New livestock facility” means a livestock facility that will be used as a livestock facility for the first time, or for the first time in at least 5 years. “New livestock facility” does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding 5 years. ATCP 51.01 NoteNote: 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 NoteNote: 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 NoteSee 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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.
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