ATCP 51.08 NoteNote: 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 51.10(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 NoteNote: 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(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: livestocksiting@wisconsin.gov

ATCP 51.10 HistoryHistory: 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(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.

ATCP 51.12 NoteNote: Many local jurisdictions have established basic property line and road setback requirements by ordinance. Setbacks vary depending on local circumstances, and often reflect years of local experience. Subsection (1) honors local setback requirements, provided that the setbacks do not exceed the limits specified in sub. (1).

ATCP 51.12(2)(2) Manure storage structure; setback. A waste storage structure may not be located within 350 feet of any property line, or within 350 feet of the nearest point of any public road right-of-way, unless one of the following applies:

ATCP 51.12(2)(a)(a) The location of the waste storage structure complies with a local ordinance that specifies a shorter setback that is specific to waste storage facilities or waste storage structures.

ATCP 51.12(2)(b)(b) The waste storage structure existed prior to May 1, 2006. This paragraph does not authorize an expansion, toward a property line or public road right-of-way, of a waste storage structure that is located within 350 feet of that property line or public road right-of-way.

ATCP 51.12(2)(c)(c) The waste storage structure is a single new waste storage structure constructed no closer to the relevant property line or public road than a waste storage structure that existed on the same tax parcel prior to May 1, 2006, provided that the new structure is no larger than the existing structure and is located within 50 feet of the existing structure.

ATCP 51.12(3)(3) Navigable waters and wetlands. A livestock facility shall comply with an applicable shoreland or wetland zoning ordinance that is enacted within the scope of authority granted under s. 59.692, 61.351 or 62.231, Stats.