Fees
A local government may require a fee to offset its reasonable costs to review and process this application. The fee, if any, must be established by local ordinance and may not exceed $1,000. A local government may NOT charge any other fee, or require you to post any bond or security.
Local Approval Process
If you complete the application properly, the local government MUST APPROVE the proposed livestock facility unless it finds, based on clear and convincing evidence in the local record, that the facility fails to meet the state standards.
Within 45 days after you submit your application, the local government must notify you whether your application is complete. If you failed to complete part of the application, you must submit the missing information. The local government must grant or deny the application within 90 days after it declares the application complete, and issue its decision in writing. The approval must include a duplicate copy of the approved application, marked “approved.” The duplicate copy shall include all the worksheets, maps, and other attachments included in the application, with the exception of the engineering design specifications. The local government must make a record of its decision making process, and the evidence supporting its decision. The record must include your application.
Appeal of Local Decision
If you disagree with the local government’s decision on your application, you may appeal that decision to the Wisconsin Livestock Facility Siting Review Board (“Board”). Other “aggrieved persons” may also appeal to the Board. An “aggrieved person” includes any person who resides or owns land within 2 miles of your proposed livestock facility.
You must file your appeal within 30 days after the local government issues its decision (or, if you pursue a local administrative appeal process first, within 30 days after that appeal process is complete). The Board will review the local decision based on the evidence in the local record (it will not hold a new hearing or accept new testimony or evidence). You must file your appeal in writing at the following address:
Wisconsin Livestock Facility Siting Review Board
c/o Secretary, Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Terms Used in this Application Form
In this application form, you will see a number of italicized terms. Those terms are defined below (for more specific definitions, see ATCP 51):
“Adjacent” – 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.
“Affected Neighbors” – Residences or high-use buildings within 2500 feet of any livestock structure at the proposed facility, other than those owned by the applicant or by persons who have agreed to exclude them from the applicant’s odor score calculation. The total odor score for a livestock facility depends, in part, on the proximity and density of “affected neighbors.”
“Animal housing area” – That portion of an animal housing structure to which animals have access, and in which manure may accumulate. “Animal housing area” includes free-stalls and travel lanes. It does NOT include holding areas, feed alleys, storage areas or milking parlors.
“Animal lot” - A feedlot, barnyard or other outdoor facility where livestock are concentrated for feeding or other purposes. Pastures and winter grazing areas are NOT “animal lots.” Treat multiple “animal lots” as a single “animal lot” if runoff from the “animal lots” drains to the same treatment area 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.
“Animal units” – Equivalent units of livestock. The number of animals constituting an “animal unit” varies by species. For example, one milking dairy cow equals 1.4 “animal units.” A beef animal over 600 lbs. equals 1.0 “animal units.” A pig over 55 lbs. equals 0.4 “animal units.” A laying chicken equals 0.01 “animal unit.” The number of “animal units” kept at a livestock facility means the largest number of “animal units” that will be at the livestock facility on at least 90 days in any 12-month period. Calculate “animal units” according to worksheet 1.
“BARNY runoff model” – The Wisconsin version of a model that is commonly used to predict nutrient runoff from animal lots. An Excel computer spreadsheet version is available on the DATCP website (engineering directory).
“Certified agricultural engineering practitioner” – A practitioner who is properly qualified under ATCP 50.46.
“Cluster” – Any group of one or more livestock structures within a livestock facility. If you wish to do so, you may calculate separate odor scores for “clusters” that are separated by more than 750 feet.
“Complete application for local approval” – An application that contains everything required under ss. ATCP 51.30(1) to (4). “DATCP” – Wisconsin Department of Agriculture, Trade and Consumer Protection. The application form cites DATCP rules including Wis. Adm. Code chs. ATCP 51 (livestock facility siting), ATCP 50 (soil and water resource management) and ATCP 17 (livestock premises registration). “DNR” – Wisconsin Department of Natural Resources. The application form cites DNR rules including Wis. Adm. Code chs. NR 243 (WPDES permits), NR 811 (community wells) and NR 812 (private wells). “Expanded livestock facility” - The entire livestock facility created by an expansion, including new, existing and altered livestock structures (existing structures are subject to less rigorous standards). Your application must indicate the maximum number of animal units that you will keep at the “expanded livestock facility.”
“Expansion” – 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 facility, is not an “expansion” unless the operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12-month period.
“High-use building” – A residential building that has at least 6 distinct dwelling units; a restaurant, hotel, motel, or tourist rooming house; a school building; a hospital or licensed care facility; or a non-farm business or workplace that is open at least 40 hours a week. The odor score for your livestock facility depends, in part, on the proximity and density of neighboring “high-use buildings.”
“Karst features” – Sinkholes, fractured bedrock or like features that may result in direct pollution runoff to groundwater.
“Livestock” – Cattle, swine, poultry, sheep or goats.
“Livestock facility” – 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 on which the facility is located, but it does NOT include a parcel used only for pasture or as a winter grazing area. Related livestock facilities are considered a single “livestock facility,” except a livestock operator may elect to treat a separate species facilities as a separate livestock facility.
“Livestock structure” – A building or structure such as a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage structure. Pastures, winter grazing areas and machine sheds are NOT “livestock structures.”
“Local approval” – A license, permit, special zoning exception, conditional use permit, or other local authorization for a new or expanded livestock facility. This application form applies, regardless of the form of local approval. However, this application form does NOT cover any of the following permits (for which separate requirements may apply):
• Building, electrical or plumbing permits (if local standards are consistent with state code).
• Manure storage system permits (see ATCP 50.56), UNLESS construction is part of a new or expanded livestock facility.
• Permits required by certain local ordinances related to shoreland zoning, floodplain zoning, construction site erosion control or stormwater management.
“New livestock facility” – A livestock facility used for the first time, or for the first time in at least 5 years.
“NRCS” – The Natural Resource Conservation Service of the United States Department of Agriculture. Wisconsin livestock siting standards refer to NRCS Technical Guide standards.
“Pasture” – 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.
“Premises ID” – The unique ID number assigned to your livestock facility under the Wisconsin Livestock Premises Registration Program (ATCP 17). Go to http://www.datcp.state.wi.us for more information. To register your livestock facility, go to http://www.wiid.org/. “Qualified nutrient management planner” - A person, other than the applicant, who is qualified under ATCP 50.48.
“Related livestock facilities” – Two or more livestock facilities that are owned or managed by the same person and meet any of the following criteria:
• They are located on the same tax parcel or adjacent tax parcels.
• They use any of the same livestock structures to collect or store manure.
• They generate manure that is applied to the same parcel of land.
“Separate Species Facility” - A distinct part of a livestock facility that meets all of the following criteria:
• It has only one of the following types of livestock, and that type is not found in any other part of the livestock facility:
• Cattle
• Swine
• Poultry
• Sheep
• Goats
• It has no more than 500 animal units.
• Its animal housing and manure storage structures, if any, are located at least 750 feet from livestock structures that are used by other parts of the livestock facility.
“Substantially altered” livestock structure – A livestock structure that undergoes a material change in construction or use such as:
• An increase in the capacity of a waste storage facility.
• The addition of a liner to a waste storage facility.
• 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.
• 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.
“Waste storage structure” – An embankment structure, excavated pit, dugout or fabricated structure that is used to store manure, milking center waste or other organic waste generated by a livestock facility. For the purposes of waste storage structure setback (application form, A-2) and worksheet 2, a “waste storage structure” does not include a structure used to collect and store waste under an animal housing facility, or a manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
“Waste storage facility” -- A waste storage structure and any attached piping or equipment used to load or unload the structure.
“Winter grazing area” – 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:
• An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
• An area which at any time has an average of more than 4 animal units per acre.
• An area from which livestock have unrestricted access to navigable waters of the state.
• An area in which manure deposited by livestock causes nutrient levels to exceed standards in ATCP 51.16.
“WPDES permit” – Wisconsin Pollutant Discharge Elimination System permit issued by DNR for a concentrated animal feeding operation over 1000 animal units, or for operations of any size that discharge pollutants directly to waters of the state.
_____________________________________________ _______________________
Signature of Applicant or Authorized Representative Date
TO COMPLETE THIS WORKSHEET, FOLLOW THESE STEPS:
Step 1: Complete Table A to determine the Predicted Odor from your livestock structures. Enter the Predicted Odor in Box 3 below (NOT Box 1).
Step 2: Complete Table B to determine your Separation Score. Enter your Separation Score in Box 1 below. (NOT Box 2).
Step 3: Enter your management credits in Box 2 (maximum 100 points). All applicants may enter 80 points for completing required incident response and employee training plans (described on page A-3). Applicants completing an optional odor management plan (described on page A-3), may add an additional 20 points. Applicants determine plan contents, as long as the plan addresses the required topics.
Step 4: Add Box 1 and Box 2. Subtract Box 3 and enter the total in Box 4. This is your Odor Score.
Box 1 Box 2 Box 3 Box 4
Separation Score Management Score Predicted Odor Odor Score
(from Step 2) (from Step 3) (from Step 1)
A local government must approve a livestock facility with an odor score of 500 or more (Box 4). You may add odor control practices to increase your odor score to 500 or more. A local government may approve, but is not required to approve, a livestock facility with an odor score less than 500 but not less than 470.
_____________________________________________ _______________________
Signature of Applicant or Authorized Representative Date
Worksheet 2 (continued)
Table B: Separation Score
Chart 1: Separation Score
Worksheet 2 (continued)
Chart 2: Odor Generation Numbers
Worksheet 2 (continued)
Chart 3: Odor Control Practices
*Smaller multiplier = more odor controlled (e.g. a multiplier of 0.4 represents a 60% control).
Innovative Odor Control Practices (all odor sources):
You may take credit for odor control practices not listed in Chart 3 if DATCP pre-approves a multiplier for each of those practices. Follow the procedure in ATCP 51.14(5)(c) to obtain DATCP approval. If you obtain DATCP approval, you may include the approved practice and multiplier in odor worksheet calculations in the same manner as for odor control practices listed in Chart 3 (attach DATCP approval to your application).
Worksheet 2 (continued)
