SB808,13,13 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.

SB808,31 Section 31 . 93.90 (3) (c) of the statutes is renumbered 93.90 (3) (i) 2. b. and amended to read:

SB808,13,23 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.

SB808,32 Section 32 . 93.90 (3) (d) of the statutes is renumbered 93.90 (3) (i) 3. and amended to read:

SB808,14,7 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.

SB808,33 Section 33 . 93.90 (3) (e) of the statutes is renumbered 93.90 (3) (i) 2. c. and amended to read:

SB808,14,20 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.

SB808,34 Section 34 . 93.90 (3) (f) of the statutes is renumbered 93.90 (3) (k).

SB808,35 Section 35 . 93.90 (3) (g) of the statutes is created to read:

SB808,14,24 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:

SB808,15,2 1. The proposed new or expanded livestock facility will have 500 or more animal units.

SB808,15,6 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.

SB808,36 Section 36 . 93.90 (3) (h) (intro.) of the statutes is created to read:

SB808,15,10 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:

SB808,37 Section 37 . 93.90 (3) (h) 5. of the statutes is created to read:

SB808,15,13 93.90 (3) (h) 5. The department disapproves the application for approval for the livestock facility siting or expansion under sub. (2) (f) 5.

SB808,38 Section 38 . 93.90 (3) (i) 1. of the statutes is created to read:

SB808,15,16 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:

SB808,15,22 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.

SB808,15,25 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.

SB808,39 Section 39. 93.90 (3) (i) 2. (intro.) of the statutes is created to read:

SB808,16,3 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:

SB808,40 Section 40. 93.90 (3) (j) of the statutes is created to read:

SB808,16,7 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.

SB808,41 Section 41 . 93.90 (3) (L) of the statutes is created to read:

SB808,16,12 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.

SB808,16,16 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.

SB808,16,22 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.

SB808,42 Section 42 . 93.90 (4) of the statutes is repealed.