SB808,21
21Section 21
. 93.90 (3) (a) 3. of the statutes is renumbered 93.90 (3) (h) 3.
SB808,22
22Section 22
. 93.90 (3) (a) 4. of the statutes is renumbered 93.90 (3) (h) 4.
SB808,23
23Section 23
. 93.90 (3) (a) 5. of the statutes is repealed.
SB808,24
24Section 24
. 93.90 (3) (a) 6. of the statutes is repealed.
SB808,25
25Section 25
. 93.90 (3) (a) 8. of the statutes is repealed.
SB808,26
1Section
26. 93.90 (3) (a) 9. of the statutes is repealed.
SB808,27
2Section 27
. 93.90 (3) (ae) of the statutes is repealed.
SB808,28
3Section 28
. 93.90 (3) (am) of the statutes is repealed.
SB808,29
4Section 29
. 93.90 (3) (ar) of the statutes is repealed.
SB808,30
5Section 30
. 93.90 (3) (b) of the statutes is renumbered 93.90 (3) (i) 2. a. and
6amended to read:
SB808,13,137
93.90
(3) (i) 2. a.
Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
8political subdivision may not prohibit Prohibit a type of livestock facility in an
9agricultural zoning district based on number of animal units if livestock facilities of
10that type with fewer animal units are allowed in that zoning district, unless the
11political subdivision also has an agricultural zoning district in which livestock
12facilities of that type are permitted or conditional uses without respect to number of
13animal units.
SB808,31
14Section 31
. 93.90 (3) (c) of the statutes is renumbered 93.90 (3) (i) 2. b. and
15amended to read:
SB808,13,2316
93.90
(3) (i) 2. b.
Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
17political subdivision may not enact Enact or enforce a zoning ordinance with a
18category of agricultural district in which livestock facilities are prohibited unless the
19political subdivision bases that prohibition on reasonable and scientifically
20defensible findings of fact, adopted by the political subdivision,
that are based on
21specific, but not necessarily unique, circumstances in that political subdivision that
22clearly show that the prohibition is necessary to protect public health or safety
in
23that political subdivision.
SB808,32
24Section 32
. 93.90 (3) (d) of the statutes is renumbered 93.90 (3) (i) 3. and
25amended to read:
SB808,14,7
193.90
(3) (i) 3. Notwithstanding ss. 92.15 (4) and 281.16 (3) (e), a political
2subdivision that requires compliance with state standards under sub. (2) (a) as a
3condition of
issuing a special exception or conditional use permit granting a local
4approval for an expanded livestock facility is not required to determine that
5cost-sharing is available to the operator of the livestock facility for facilities or
6practices needed to comply with those standards if the livestock facility will have 500
7or more animal units.
SB808,33
8Section 33
. 93.90 (3) (e) of the statutes is renumbered 93.90 (3) (i) 2. c. and
9amended to read:
SB808,14,2010
93.90
(3) (i) 2. c.
Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a
11political subdivision may not enact a requirement Require that a person obtain
a
12special exception or conditional use permit local approval for the expansion of a
13livestock facility that exists when the requirement takes effect, except that a political
14subdivision may enact a requirement that a person obtain
a special exception or
15conditional use permit local approval for the expansion of a livestock facility that
16exists when the requirement takes effect if the requirement applies only when the
17number of animal units that the livestock facility will have after expansion will
18exceed by more than 20 percent the largest number of animal units that were at the
19livestock facility for at least 90 days in the 12-month period before the requirement
20takes effect.
SB808,34
21Section 34
. 93.90 (3) (f) of the statutes is renumbered 93.90 (3) (k).
SB808,35
22Section 35
. 93.90 (3) (g) of the statutes is created to read:
SB808,14,2423
93.90
(3) (g) Subject to par. (i) 2. c., a political subdivision may require a local
24approval for a livestock facility siting or expansion if any of the following applies:
SB808,15,2
11. The proposed new or expanded livestock facility will have 500 or more animal
2units.
SB808,15,63
2. The proposed new or expanded livestock facility will have fewer than 500
4animal units but will exceed a size threshold for requiring a special exception or
5conditional use permit that was incorporated into the political subdivision's
6ordinances before July 19, 2003.
SB808,36
7Section 36
. 93.90 (3) (h) (intro.) of the statutes is created to read:
SB808,15,108
93.90
(3) (h) (intro.) Subject to par. (i) 2., a political subdivision may not prohibit
9or disapprove a livestock facility siting or expansion unless at least one of the
10following applies:
SB808,37
11Section 37
. 93.90 (3) (h) 5. of the statutes is created to read:
SB808,15,1312
93.90
(3) (h) 5. The department disapproves the application for approval for the
13livestock facility siting or expansion under sub. (2) (f) 5.
SB808,38
14Section 38
. 93.90 (3) (i) 1. of the statutes is created to read:
SB808,15,1615
93.90
(3) (i) 1. If a political subdivision requires a local approval for a new or
16expanded livestock facility, the political subdivision may do any of the following:
SB808,15,2217
a. Enact a requirement that is more stringent than the state standards under
18sub. (2) (a) if the requirement is based on reasonable and scientifically defensible
19findings of fact, adopted by the political subdivision, that are based on specific, but
20not necessarily unique, circumstances in that political subdivision and that clearly
21show that the requirement is necessary to protect public health or safety in that
22political subdivision.