ATCP 50.58(2)(b)(b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.
ATCP 50.58(2)(c)(c) Definitions of significant terms used in the ordinance.
ATCP 50.58(2)(d)(d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.
ATCP 50.58(2)(e)(e) Soil and water resource management practices or compliance standards required under the ordinance.
ATCP 50.58(2)(f)(f) Procedures for developing and approving conservation plans, if required under the ordinance.
ATCP 50.58(2)(g)(g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.58(2)(h)(h) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.58(2)(i)(i) The effective date of the ordinance.
ATCP 50.58(3)(3)County review. Before a county, city, village, or town adopts or amends a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.58(4)(4)Department approval.
ATCP 50.58(4)(a)(a) A county, city, village, or town may submit a proposed ordinance or amendment for department approval under sub. (1). Except as provided in par. (c), the county, city, village, or town shall submit all of the following with the proposed ordinance or amendment:
ATCP 50.58(4)(a)1.1. County comments under sub. (3), if any.
ATCP 50.58(4)(a)2.2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.
ATCP 50.58(4)(a)3.3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs. 59 to 68, Stats.
ATCP 50.58(4)(b)(b) Except as provided in par. (c), the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under sub. (1). The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.
ATCP 50.58 NoteNote: DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs. NR 115 and 117.
ATCP 50.58(4)(c)(c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under par. (a), if the department finds that the amendment involves no significant legal or policy issues.
ATCP 50.58(4)(d)(d) The department may approve a shoreland management ordinance or amendment proposed under s. 92.17, Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s. 92.17, Stats.
ATCP 50.58(4)(e)(e) Whenever a county, city, village, or town adopts a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall file a certified copy of the adopted ordinance with the department.
ATCP 50.58 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.60ATCP 50.60Livestock operations; local regulation.
ATCP 50.60(1)(1)Local regulations that exceed state standards; approval required.
ATCP 50.60(1)(a)(a) Except as provided in par. (b), no local regulation may require nutrient management or other conservation practices for livestock operations that exceed the practices required under s. ATCP 50.04 unless the department or DNR approves those requirements under this section or s. NR 151.096.
ATCP 50.60 NoteNote: See s. 92.15, Stats. A person adversely affected by a local livestock regulation may oppose its adoption at the local level. The person may also challenge a local regulation in court if the person believes that the local governmental unit has violated par. (a) or s. 92.15, Stats. A local governmental unit is responsible for analyzing the legal adequacy of its regulations, and may exercise its own legal judgment in deciding whether to seek state approval under this section.
ATCP 50.60 NoteA local permit requirement does not, by itself, violate par. (a). But permit conditions codified in a local regulation must comply with par. (a). In the case of local permit conditions for new and expanding livestock operations, local governmental units must codify more stringent regulation and meet other requirements of s. ATCP 51.10 (3). If a local governmental unit routinely requires permit holders to comply with uncodified conservation requirements that exceed state standards, those uncodified requirements may be subject to court challenge under s. 92.15, Stats., and par. (a) as de facto regulatory enactments. A local governmental unit may forestall a legal challenge by codifying standard permit conditions and obtaining any necessary state approval under this section. The department will review codified regulations under sub. (2), but will not review individual permits or uncodified permit conditions.
ATCP 50.60(1)(b)(b) Paragraph (a) does not apply to any of the following:
ATCP 50.60(1)(b)1.1. Local regulation of cropping practices that are not directly related to a livestock operation.
ATCP 50.60(1)(b)2.2. Local regulations enacted prior to October 1, 2002. This does not limit the application of s. 92.15, Stats., to those local regulations.
ATCP 50.60(2)(2)Department approval.