Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter III - Application and Approval › Section ATCP 51.30 - Application

Current through June 24, 2024
(1) GENERAL. If local approval is required
				  for a new or expanded livestock facility, a person seeking local approval shall
				  complete and file with the political subdivision the application form shown in
				  Appendix A. The application shall include all of the information required by
				  Appendix A and attached worksheets, including any authorized modifications made
				  by the political subdivision under sub. (2). The information contained in the
				  application shall be credible and internally consistent.
(2) LOCAL MODIFICATIONS. A political
				  subdivision may not alter the application form shown in Appendix A and attached
				  worksheets, or require any additional information, except that a political
				  subdivision may require information needed to determine compliance with local
				  ordinance standards authorized under s.
				  ATCP
				  51.10(3) or
				  51.12(1).
(3) ADDITIONAL COPIES. A political
				  subdivision may require an applicant to submit up to 4 duplicate copies of the
				  original application under sub. (1). Each duplicate copy shall include all of
				  the worksheets, maps and other attachments included in the application, except
				  that it is not required to include engineering design specifications.
Note: A political subdivision must file one duplicate copy
					 of the final application and attachments with the department, within 30 days
					 after the political subdivision grants or denies that application. See s.
					 ATCP
					 51.34(5). If the political
					 subdivision approves the application, the political subdivision must give the
					 applicant a copy of the approved application, marked "approved." See s.
					 ATCP 51.34(3)
					 (b). The applicant may wish to record this
					 documentation with the register of deeds, and convey the documentation to any
					 subsequent purchaser of the livestock facility. Among other things,
					 documentation establishes "odor score" reference points for future expansions.
					 See s.
					 ATCP
					 51.14(6).
(4) LOCAL FEES.
(a) A political subdivision may charge an
				  application fee established by local ordinance, not to exceed $1,000, to offset
				  the political subdivision's costs to review and process an application under
				  sub. (1).
Note: Under s.
					 66.0628,
					 Stats., any fee imposed by a political subdivision must bear a reasonable
					 relationship to the service for which the fee is imposed.
(b) A political subdivision may not require
				  an applicant to pay any fee, or post any bond or security with the political
				  subdivision, except as provided in par. (a).
Note: If a waste storage facility is abandoned or not
					 properly closed, a political subdivision may seek redress under s.
					 66.0627
					 or
					 254.59,
					 Stats., and other law as appropriate. However, a political subdivision may not
					 require an applicant for local approval to post any bond or security with the
					 application.