Livestock Facility Siting

1. Livestock Facility Siting • Local options • Ordinance development and revision • Local and state roles

2. Impact of siting law on options

3. Ordinances unaffected by siting law

4. Ordinances unaffected by siting law

5. Ordinances that may be affected by siting law

6. Performance standard enforcement

7. Manure storage ordinances and ATCP 51

8. Impact of siting law on options

9. Planning and zoning authority unchanged by siting law • Enact zoning laws based on comprehensive plan • Control land uses through zoning districts • Enables consensus-based approach to define future land uses and development • Provides better control over land uses

10. Local zoning authority changed by siting law • Cannot exclude livestock operations in an agricultural district unless: • Another ag district exists where operations of all sizes are allowed; AND • Exclusion is based on public health and safety • Applies to all zoning ordinances • Existing and future

11. Four zoning districts in Model Ordinance

12. Impact of siting law on options

13. New requirements for individual permits • Thresholds for issuing permits • Procedures for processing permits • Notice to adjacent landowners of a completed application • Standards and criteria for approving permits • Protection for expansions of operations and structures • Permanency and transferability of permits

14. Permit options to implement siting law • Conditional Use • Applies only in zoned areas • Provides more land use control (all uses) • Requires more extensive steps to adopt • Can capitalize on strengths of zoning departments • Licensing • Applies in unzoned towns or county-wide where there is a mix of zoned and unzoned towns • Provides less land use control (site specific) • Less complicated steps to adopt • More options for administration (LCDs)

15. Continue CUP requirements November 1st deadline • Ordinance revised to conform to siting law requirements • No gaps in issuing permits ensuring that all farms treated fairly • Full grandfathering of key provisions • Use July 19, 2003 threshold Approved

16. CUP status if November deadline not met • Cannot rely on grace period to continue to permit proposed facilities • Will have gaps in permitting until ordinance revised • Will not be able to grandfather threshold under 500 Animal Units

17. Consider license to implement siting law DOES NOT NEED IMMEDIATE ATTENTION • Consult model ordinance, http://www.wisctowns.com/ LivestockFacilityModelOrdinance.html • No threshold less than 500 AU but may be higher • Develop a separate ordinance based on appropriate legal authority • Adjust zoning law to reflect change if necessary

18. Ordinance development and revision

19. Conforming zoning ordinances to state requirements Total incorpor-ation by reference of ATCP 51 Incorporation of standards and application requirements by reference [see ATCP 50.10(2)] Full text except standards incorpor-ated by reference (see model ordinance)

20. Does your ordinance have multiple zoning districts? • Review to ensure compliance if ag zone excludes or caps size of livestock operations • Before considering new zones, revisit land use plan to evaluate opportunities • Use zoning model ordinance as guide, • http://www.wisctowns.com/ LivestockFacilityModelOrdinance.html

21. Does your ordinance apply older CUP and other requirements to livestock? • Define which livestock are covered (e.g. horses) • Clearly exclude cattle, swine, poultry, sheep and goats • E.g., limit variances as required (e.g. reduced setbacks)

22. Does your ordinance set the correct threshold for a permit? • 500 animal units or more • A number lower than 500 AU only if • It is the same as the number in effect on July 19, 2003 • It is adopted by November 1, 2006 • No permit if expansions below 20% (unless exceeds number in prior permit)

23. Does you ordinance follow state requirements for standards? • State standards incorporated by reference • Required permit application includes necessary details • Public health and safety findings included for any more stringent standards • Permitted operations exempted from general performance standards (e.g. noise, odor)

24. Does your ordinance accommodate expansions? • Allow "separate species facility" (up to 500 "animal units") without a local permit in most cases • Enable expansions of structures if they are not built closer to road or property line • Allow new manure storage of the same size next to old • Enable modifications to a permitted facility without a new permit

25. Does your ordinance include required permitting criteria and steps? • A reasonable fee ($1000 or less) • Permit approval unless clear and convincing evidence shows that the proposed facility fails to meet ordinance standards • Record of decision including a written decision • Application marked as “approved” if permit will issue

26. Does your ordinance properly address permit expiration, transfer and compliance? • No expiration if operator adds animals and starts construction within 2 years • Transferable and remain in effect as long as the operation meet standards • Compliance procedures (e.g. inspections, non-compliance notices) and actions (e.g. stop work orders) • Recognize extenuating circumstances • Provide opportunity to cure and for a hearing to contest notice

27. State and local roles

28. Required filing and notice • Submit ordinances to DATCP if changed to: • Incorporate state standards • Include more stringent standards • Notify DATCP regarding permit application approval or denial • Submit application and worksheets

29. LWCB and recertification of Exclusive Ag Zoning • Not required if • Amending CUP to conform to siting law requirements • Adding CUP consistent with siting law requirements • Adding overlay as long as the EAZ requirements remain in tact • Required if • To create multiple EAZ districts to locate and manage livestock operations

30. Livestock Facility Siting Review Board –Alternative to courts for appeals • Made up of seven members • Town, county, livestock farming, environment interests • 3 at-large • Authorized to review local permit decisions • Has rules of procedure (in bylaws) and form for appeals • Available at web site, Livestocksting.wi.gov • Provides for notice of appeal and opportunities for non-parties to participate

31. Administrative roles • Develop ordinances • Follow steps to process applications including hearings • Review completed application • Initiate compliance actions • Design and install practices • Help run models (odor and BARNY) • Sign-off on worksheets (nutrient management, waste storage) • Provide maps and data • Inspect and monitor compliance Consider possible conflict of interest if multiple tasks performed (e.g. provide technical assistance and issues permit)

32. Local expertise and roles **DATCP/NRCS engineers may assist

33. Resources • DATCP • Web site: livestocksiting.wi.gov • Contacts: Mike Murray, 608-224-4608; Richard Castelnuovo, 608-224-4608 • Models (Towns and County Associations) Sample zoning provisions, http://www.wisctowns.com/ Sample%20Livestock%20Ordinance%20Provisions.html (WTA) Licensing, http://www.wisctowns.com/ LivestockFacilityModelOrdinance.html (WTA) Both available at http://www.wicounties.org/ (WCA)