Livestock Facility Siting

• Local options

• Ordinance development and revision

• Local and state roles

Impact of siting law on options

Local option Impact of law

Rely on unaffected ordinances to indirectly regulate

Largely unchanged; still allowed

Control land use through zoning districts

Largely unchanged, except for new limitation

Continue or add permit requirement (CUP or license) for individual facilities

Complete change with new procedures and standards

Ordinances unaffected by siting lawOrdinance Scope of regulation

Shoreland and flood- plain zoning

Limit building near waterways

Construction site erosion/storm water management

Protects water resources against runoff

Generally applicable building, electrical and plumbing codes

Ensures safe construction

Ordinances unaffected by siting lawOrdinance Scope of regulation

Road weight limits and clean-up

Prevent road damage and protect safety

Performance standards (e.g. no direct runoff, spreading setbacks)

Protect water quality through conservation structures and practices

Ordinances that may be affected by siting law

Ordinance Scope of regulation

Manure storage structures

Protect water quality by proper design, construction, and closure

Feedlot Protect water quality by proper design, construction, and closure

Performance standard enforcement

Standard Cost-sharing and enforcement outside of siting law?

Cost-sharing and enforcement using siting law?

Manure storage

a. Repair

b. Closure

Required Not required if part of permit

Clean water diversion

Required Not required

No manure piles May apply Not required

No overflow May apply Not required

Streambank overgrazing

May apply Not required

Manure storage ordinances and ATCP 51

Manure Storage Requirement

Continue to Enforce?

Conflict with Siting Law?

Construction and Closure Permits

Yes, if operation not subject to siting permit

Yes

Mandatory closure Yes No, not regulated

Setbacks Yes, with limits Yes

Feedlot Construction Permit

No Yes

Impact of siting law on options

Local option Impact of law

Rely on unaffected ordinances to indirectly regulate

Largely unchanged; still allowed

Control land use through zoning districts

Largely unchanged, except for new limitation

Continue or add permit requirement (CUP or license) for individual facilities

Complete change with new procedures and standards

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

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

Four zoning districts in Model Ordinance

Agriculture Enterprise

Permit ag uses to maximum extent. Exclude new residences.

General Agriculture

Permit less intensive ag uses, treating large livestock operations and single family residences as conditional uses.

Limited Agriculture

Permit less intensive agricultural uses and single family residences on limited basis.

Rural Residential

Permit low-density residential uses and rural activities. (e.g. low-intensity farming)

Impact of siting law on options

Local option Impact of law

Rely on unaffected ordinances to indirectly regulate

Largely unchanged; still allowed

Control land use through zoning districts

Largely unchanged, except for new limitation

Continue or add permit requirement (CUP or license) for individual facilities

Complete change with new procedures and standards

• 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

New requirements for individual permits

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)

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

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

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

Ordinance development and revision

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)

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

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)

• 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)

Does your ordinance set the correct threshold for a permit?

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)

Does your ordinance Does your ordinance accommodate expansions?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

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

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

State and local roles

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

• 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

LWCB and recertification of Exclusive Ag Zoning

• 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

Livestock Facility Siting Review Board –Alternative to courts for appeals

Administrative roles • 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)

• Develop ordinances

• Follow steps to process applications including hearings

• Review completed application

• Initiate compliance actions

Local expertise and roles Activity Zoning LCD UWEX

Update or create ordinance

Yes Yes (best suited to licensing)

Maybe

Help operators with application**

No Yes Yes

Check applications for standards compliance **

No Yes Not likely

Monitor and enforce permits

Yes, with limits

Yes, with limits

No

**DATCP/NRCS engineers may assist

• 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)

Resources