ATCP 51.08 Note Note: Some local ordinances may require a pro forma permit transfer with each transfer of ownership, but that transfer may not limit the scope of the prior approval.

ATCP 51.08(1)(b) (b) Remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted by the approval, and regardless of whether the livestock operator exercises the full authority granted by the approval.

ATCP 51.08 Note Note: For example, if a livestock operator gets local approval under this chapter to expand from 400 “animal units” (existing) to 900 “animal units”, the livestock operator may implement the approved expansion over a period of time chosen by the livestock operator. The operator does not lose the approval merely because the operator implements the expansion in gradual stages, or fails to expand by the full amount authorized. However, the operator must at least begin the expansion within 2 years, or face possible loss of approval. See sub. (2).

ATCP 51.08(2) (2) A political subdivision may withdraw a local approval granted under this chapter unless the livestock operator does all of the following within 2 years after a local approval is granted:

ATCP 51.08(2)(a) (a) Begins populating the approved livestock facility.

ATCP 51.08(2)(b) (b) Begins construction on every new or expanded livestock housing structure, and every new or expanded waste storage structure, proposed in the application for local approval.

ATCP 51.08(3) (3) If a local approval is appealed, the local approval is deemed to be granted for purposes of sub. (2) when the appeal is concluded. Withdrawal of a local approval under sub. (2) does not prevent a livestock operator from obtaining a new local approval under this chapter.

ATCP 51.08 Note Note: A political subdivision should exercise sound judgment in deciding whether to withdraw a local approval under sub. (2). The political subdivision may consider extenuating circumstances, such as adverse weather conditions, that may affect an operator’s ability to comply. A political subdivision should give the operator prior notice, and a reasonable opportunity to demonstrate compliance, before withdrawing a local approval.

ATCP 51.08 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

subch. II of ch. ATCP 51 Subchapter II — Livestock Facility Siting Standards

ATCP 51.10 ATCP 51.10 Livestock facility siting standards; general.

ATCP 51.10(1) (1) State standards apply. Except as provided in sub. (2) or (3), a political subdivision shall grant or deny local approvals covered by this chapter based on the standards in this subchapter.

ATCP 51.10(2) (2) State standards incorporated in local ordinance. Beginning on November 1, 2006, a political subdivision may not deny a local approval covered by this chapter unless the political subdivision incorporates by local ordinance the standards in this subchapter and the application requirements in subch. III. A local ordinance may incorporate the standards and application requirements by reference, without reproducing them in full.

ATCP 51.10 Note Note: The livestock facility siting law, s. 93.90, Stats., limits the reasons for which a political subdivision may deny local approval. For the first 6 months after the effective date of this chapter, from May 1, 2006 to November 1, 2006, a political subdivision may deny local approval based on standards in this chapter without incorporating those standards by local ordinance. See sub. (1). Sub. (2) applies beginning on November 1, 2006.

ATCP 51.10(3) (3) More stringent local standards. A political subdivision may not apply local standards that are more stringent than the standards in this subchapter unless all of the following apply:

ATCP 51.10(3)(a) (a) The political subdivision is authorized to adopt the local standards under other applicable law.

ATCP 51.10(3)(b) (b) The political subdivision enacted the standards by local ordinance, before the livestock facility operator filed the application for local approval.

ATCP 51.10(3)(c) (c) The political subdivision enacted the standards based on reasonable and scientifically defensible findings of fact adopted by the political subdivision’s governing authority.

ATCP 51.10(3)(d) (d) The findings of fact under par. (c) clearly show that the standards are needed to protect public health or safety.

ATCP 51.10 Note Note: See s. 93.90 (3) (ar), Stats.

ATCP 51.10(4) (4) Ordinance provisions filed with department. Within 30 days after a political subdivision enacts an ordinance provision under sub. (2) or (3), the political subdivision shall file a copy of the ordinance provision with the department. Failure to file the ordinance provision with the department does not invalidate the ordinance provision. The political subdivision shall file the ordinance provision, by mail or e-mail, at the following applicable address:

Wisconsin Department of Agriculture,
Trade and Consumer Protection
Agricultural Resource Management Division
Bureau of Land and Water Resources
P.O. Box 8911
Madison, WI 53708-8911
E-mail: [e-mail]

ATCP 51.10 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06; correction in (4) made under ss. 13.92 (4) (b) 6. and s. 35.17, Stats., Register May 2020 No. 773.

ATCP 51.12 ATCP 51.12 Livestock structures; location on property.

ATCP 51.12(1) (1) Property line and road setbacks; general. Livestock structures shall comply with local ordinance requirements related to setbacks from property lines and public roads, except that no local setback requirement may do any of the following:

ATCP 51.12(1)(a) (a) Require a livestock structure to be set back more than 100 feet from any property line or public road right-of-way, except as provided in sub. (2), if the livestock facility will have fewer than 1,000 animal units.

ATCP 51.12(1)(b) (b) Require a livestock structure to be set back more than 200 feet from any property line, or more than 150 feet from any public road right-of-way, except as provided in sub. (2), if the livestock facility will have 1,000 animal units or more.

ATCP 51.12(1)(c) (c) Prevent the use of a livestock structure that was located within the setback area prior to the effective date of the setback requirement.

ATCP 51.12(1)(d) (d) Prevent the expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, other than an expansion toward the property line or public road to which the local setback applies.