93.73(9)(c) (c) Submits proof of the amount of the purchase cost and transaction costs that the cooperating entity has paid, consistent with the contract under sub. (6m).

93.73(10) (10) Transfer or relinquishment of holder’s interest. The transfer or relinquishment of another holder’s interest does not affect the department’s interest in an agricultural conservation easement.

93.73(11) (11) Enforcement of easement. The department or any other holder of an agricultural conservation easement purchased under this section may enforce and defend the agricultural conservation easement.

93.73(12) (12) Record of easements. The department shall maintain a record of all agricultural conservation easements purchased under this section.

93.73(13) (13) Council. The department shall appoint a council under s. 15.04 (1) (c) to advise the department on the administration of this section.

93.73(14) (14) Rules. The department shall promulgate a rule, consistent with sub. (1m) (i), relating to allowable transaction costs for the program under this section.

93.73 History History: 2009 a. 28; 2011 a. 32; 2015 a. 196.

93.80 93.80 Arsenic in wood. The department, jointly with the department of safety and professional services, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.

93.80 History History: 2001 a. 16; 2011 a. 32.

93.90 93.90 Livestock facility siting and expansion.

93.90(1) (1) Statewide concern. This section is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities.

93.90(1m) (1m) Definitions. In this section:

93.90(1m)(a) (a) “Animal unit” has the meaning given in s. NR 243.03 (3), Wis. Adm. Code.

93.90 Note NOTE: The definition of “animal unit” at NR 243.03 (3), Wis. Adm. Code, was repealed and a definition of “animal unit” was recreated at NR 243.03 (5) by CR 07-075.

93.90(1m)(b) (b) “Application for approval” means an application for approval of a livestock facility siting or expansion.

93.90(1m)(c) (c) “Board” means the livestock facility siting review board.

93.90(1m)(d) (d) “Expansion” means an increase in the number of animals fed, confined, maintained, or stabled.

93.90(1m)(e) (e) “Livestock facility” means a feedlot or facility, other than a pasture, where animals used in the production of food, fiber, or other animal products are or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period. “Livestock facility” does not include an aquaculture facility.

93.90(1m)(f) (f) “Political subdivision” means a city, village, town, or county.

93.90(2) (2) Department duties.

93.90(2)(a) (a) For the purposes of this section, the department shall promulgate rules specifying standards for siting and expanding livestock facilities. In promulgating the rules, the department may incorporate by cross-reference provisions contained in rules promulgated under ss. 92.05 (3) (c) and (k), 92.14 (8), 92.16, and 281.16 (3) and ch. 283. The department may not promulgate rules under this paragraph that conflict with rules promulgated under s. 92.05 (3) (c) or (k), 92.14 (8), 92.16, or 281.16 (3) or ch. 283.

93.90(2)(b) (b) In promulgating rules under par. (a), the department shall consider whether the proposed standards, other than those incorporated by cross-reference, are all of the following:

93.90(2)(b)1. 1. Protective of public health or safety.

93.90(2)(b)1m. 1m. Practical and workable.

93.90(2)(b)2. 2. Cost-effective.

93.90(2)(b)3. 3. Objective.

93.90(2)(b)4. 4. Based on available scientific information that has been subjected to peer review.

93.90(2)(b)5. 5. Designed to promote the growth and viability of animal agriculture in this state.

93.90(2)(b)6. 6. Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.