Date:   Tuesday, March 22, 2005

Location:   UW Manitowoc Center

  705 Viebahn Street

  Manitowoc , WI 54220

Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.

Date:   Wednesday, March 23, 2005

Location:   Northcentral Technical College

  1000 W. Campus Drive

  Wausau, WI 54401

Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.

Date:   Thursday, March 24, 2005

Location:   Chippewa Valley Technical College

  620 West Clairemont Avenue

  Eau Claire, WI 54701

Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.

Wisconsin's Livestock Facility Siting Law (s. 93.90, Stats.) is designed to facilitate the siting of new and expanded livestock facilities in Wisconsin. The law establishes a general statewide framework for local approval of new or expanded livestock facilities. The Wisconsin Department of Agriculture, Trade and Consumer Protection proposes this rule to implement the Livestock Facility Siting Law.

Statutory Authority: ss. 93.07 (1), 92.05 (3) (k), 93.90 (2) and 281.16 (3) (b), Stats.

Statutes interpreted: ss. 92.05 (3) (k), 93.90 and 281.16 (3) (b), Stats.

Livestock Facilities Covered by This Rule

This rule applies only to new or expanded livestock facilities that require local approval, and only if those facilities will have 500 or more “animal units" (or will exceed a lower threshold incorporated in a local zoning ordinance prior to July 19, 2003). DATCP estimates that this rule will apply to approximately 50-70 local siting applications each year.

This rule applies only to facilities that keep cattle, swine, poultry, sheep or goats. This rule does not apply to facilities that keep only horses, farm-raised deer, fish, captive game birds, ratites (such as ostriches or emus), camelids (such as llamas or alpacas) or mink.

Application for Local Approval

To obtain local approval, a livestock operator must complete the application form and worksheets attached to this rule. The application form and worksheets elicit key information to show compliance with the siting standards in this rule.

If an application contains the information required by this rule, the local government must approve the proposed livestock facility unless the local government finds, based on other clear and convincing evidence in the local record, that the facility fails to meet the siting standards in this rule. By spelling out clear application requirements and approval standards, this rule adds certainty to the application and decision-making process.

An application for local approval must include all of the following:

• Applicant information.

• A description of the proposed livestock facility, including the types of livestock and the number of “animal units" for which the applicant seeks approval. The applicant must calculate animal units according to an animal units worksheet (worksheet 1). The application must show the maximum number of “animal units" the applicant proposes to keep on at least 90 days during any 12-month period. If the local government approves the proposed livestock facility, this is the number of “animal units" approved (the operator may not exceed this number without further approval).

• An area map. The area map must show a 2-mile radius around the proposed facility (with topographic lines at 10-foot elevation intervals). The map must show relevant features, including current and proposed livestock structures.

• A site map. The site map must show a 1,000 foot radius around the proposed facility (with topographic lines at 2-foot elevation intervals for the area within 300 feet of livestock structures). The map must show relevant features, including current and proposed livestock structures. The applicant must certify that livestock structures will comply with applicable property line and water quality setbacks in this rule.

• The following worksheets:

- Animal units (worksheet 1).

- Odor management (worksheet 2).

- Waste and nutrient management (worksheet 3).

- Waste storage facilities (worksheet 4).

- Runoff management (worksheet 5).

- Mortality management (worksheet 6).

An applicant who holds a WPDES permit from DNR for the same proposed livestock facility (and the same or greater number of animal units) is not required to submit worksheets 3, 4 and 5, but must submit worksheets 1, 2 and 6.

The application form includes a notice of other laws that may apply to livestock operations. The notice makes the applicant aware of these laws. But except as specifically provided in this rule, the listed laws are not used as standards for local siting decisions (other compliance and enforcement mechanisms apply).

A local government may not alter the application form (except for limited purposes specified in this rule). A local government may charge a reasonable application fee, not to exceed $500, to offset its costs to review and process the application. A local government may not charge any other fee, or require the applicant to post any bond or security with the local government.

New livestock structures, and livestock structures enlarged by more than 20%, must comply with property line setbacks under this rule. The following setbacks apply, unless a local ordinance specifies shorter setbacks:

• The structures must be located at least 100 feet from property lines and roads.

• The structures must be located at least 200 feet from property lines other than roads, and 150 feet from roads, if the livestock facility will have 1,000 or more animal units.

This rule does not create new water quality setbacks, but requires compliance with applicable shoreland zoning ordinances, floodplain zoning ordinances and well code.

The following livestock facilities must have a positive “adjusted odor index," calculated according to the odor management worksheet (worksheet 2):

• A new livestock facility with more than 500 “animal units."

• An expanded livestock facility with more than 1,000 “animal units."

The “adjusted odor index" indicates the likelihood of objectionable odors from livestock structures, based on:

• The type of livestock, and the nature, size and location of livestock structures.

• Distances from high odor livestock structures (such as waste storage facilities) to non-consenting neighbors.

• Odor management and good neighbor practices the applicant will implement.

An applicant can improve the “odor index" score by implementing odor management practices (to reduce odors) and good neighbor practices (which do not reduce odor but may reduce conflicts with neighbors). A local government may also grant some discretionary credit, if it wishes to do so.

Odor Management; Land Application of Stored, Untreated Liquid Manure

A livestock operator must use at least one of the following practices when applying untreated liquid manure that has been stored for at least 7 days:

• Inject the manure directly into the soil.

• Incorporate the manure into the soil within 48 hours (or as soon as weather permits).

• Cover the manure with vegetative residue within 48 hours (or as soon as weather permits).

• Apply the manure at least 500 feet from the nearest “non-affiliated residence" and from the nearest “high public use area" (distances do not apply if owner consents in advance to manure application).

• Apply the manure during only 2 weeks of the year (at least 500 feet from the nearest “high public use area)."

• Comply with an odor management plan approved by the local government (operator proposes plan). A plan might include, for example, advance notice to neighbors or avoiding applications at sensitive times.

• Comply with less restrictive manure application odor setbacks enacted by local ordinance.

This rule does not regulate application of fresh manure (stored less than 7 days), solid or heavily bedded manure, or manure that is effectively treated to reduce odor (such as by anaerobic digestion or substantial dilution).

Waste and Nutrient Management

A livestock operator must manage manure and other waste responsibly, according to standards in this rule. A waste and nutrient management worksheet (worksheet 3) must accompany every application for local approval. The completed worksheet must include all of the following:

• The types and amounts of manure and other waste that the livestock facility will generate.

• Waste storage methods, duration and capacity.

• Final waste disposition (by landspreading or other means).

• Acreage available for landspreading (include map).

• A nutrient management checklist, signed by a qualified nutrient management planner. This checklist is not required for a livestock facility with fewer than 500 “animal units" if the operator meets a minimum ratio of land to “animal units."

Waste storage facilities must meet standards in this rule, to provide reasonable assurance against leakage or structural failure. A waste storage facility worksheet (worksheet 4), signed by a registered professional engineer or certified agricultural engineering practitioner, must accompany an application for local approval.

• New or substantially altered waste storage facilities lots must meet current NRCS construction standards.

• Existing waste storage facilities need not meet current construction standards, but must meet standards to assure against leakage and structural failure.

• Existing facilities waste storage facilities lots must meet be closed according to current NRCS standards.

To qualify for local approval, a livestock facility must comply with standards to prevent polluted runoff. A runoff management worksheet (worksheet 5) must accompany the application for local approval. A registered professional engineer or certified agricultural engineering practitioner must sign the worksheet.

• New or substantially altered animal lots must meet current NRCS construction standards.

• Existing animal lots need not meet current construction standards, but must meet basic phosphorus runoff standards.

• Feed storage must be managed to prevent significant discharge of leachate or polluted runoff. Special requirements apply to storage of high moisture feed (65% or higher moisture content).

• Runoff from a livestock facility must be diverted from contact with animal lots, manure storage facilities, feed storage areas and manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

• A livestock facility must be designed, constructed and maintained to prevent overflow of manure storage facilities.

• A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or within 300 feet of a navigable stream.

• A livestock facility may not have unrestricted livestock access to waters of the state, if that access will prevent adequate vegetative cover on banks adjoining the water.