Section ATCP 51.10 - Livestock facility siting standards; general(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.(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. Note: 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.
(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: (a) The political subdivision is authorized to adopt the local standards under other applicable law.(b) The political subdivision enacted the standards by local ordinance, before the livestock facility operator filed the application for local approval.(c) The political subdivision enacted the standards based on reasonable and scientifically defensible findings of fact adopted by the political subdivision's governing authority.(d) The findings of fact under par. (c) clearly show that the standards are needed to protect public health or safety. Note:See s. 93.90(3) (ar), Stats.
(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
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 51.10
CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.Amended by, correction in (4) made under ss. 13.92(4) (b) 6 and s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020