Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection, ATCP 20-54, ch. ATCP 51 - Livestock Facility Siting

This chapter is adopted under authority of ss. 93.07(1) and 93.90(2), Stats. This chapter interprets Wisconsin's livestock facility siting law, s. 93.90, Stats. According to the livestock facility siting law, a county, town, city or village ("political subdivision") may not prohibit or disapprove a new or expanded livestock facility of any size unless one of the following applies:

The site is located in a zoning district that is not an agricultural zoning district.

The site is located in an agricultural zoning district where the livestock facility is prohibited. A prohibition, if any, must be clearly justified on the basis of public health or safety. The livestock facility siting law limits exclusionary zoning based solely on livestock facility size.

The proposed livestock facility violates a valid local ordinance adopted under certain state laws related to shoreland zoning, floodplain zoning, construction site erosion control or stormwater management.

The proposed livestock facility violates a local building, electrical or plumbing code that is consistent with the state building, electrical or plumbing code for that type of facility.

The proposed livestock facility will have 500 or more "animal units" (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003), and the proposed facility violates one of the following:

* A state livestock facility siting standard adopted by the department under this chapter.

* A more stringent local ordinance standard enacted prior to the siting application. The more stringent local standard must be based on reasonable and scientifically defensible findings of fact, adopted by the local jurisdiction, which clearly show that the standard is necessary to protect public health or safety.

Some, but not all, political subdivisions require local approval of new or expanded livestock facilities. The livestock facility siting law does not require local approval. But if local approval is required, the political subdivision must grant or deny approval based on this chapter. A political subdivision may not consider other siting criteria, or apply standards that differ from this chapter, except as provided in the livestock facility siting law or this chapter.

The department must review the livestock facility siting standards under this chapter at least once every 4 years (see s. 93.90(2) (c), Stats.). The department will review the standards at least annually during the first 4 years of rule implementation. The department will track local siting applications and decisions (see s. ATCP 51.34(5)), and will review that information at least monthly during the first year of rule implementation.

The livestock facility siting law includes the following statements of legislative intent:

"This [law] is an enactment of statewide concern for the purpose of providing uniform regulation of livestock facilities."

"...[T]he department shall consider whether [livestock facility siting standards] are all of the following:

* Protective of public health or safety.

* Practical and workable.

* Cost-effective.

* Objective.

* Based on available scientific evidence that has been subjected to peer review.

* Designed to promote the growth and viability of animal agriculture in this state.

* Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.

* Usable by officials of political subdivisions."