Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter I - Definitions and General Provisions › Section ATCP 51.02 - Scope of this chapter

Current through June 24, 2024
(1) This chapter applies to local approvals
				  of the following livestock facilities:
(a) A
				  new or expanded livestock facility that will have 500 or more animal
				  units.
(b) A new or expanded
				  livestock facility that will exceed a lower size threshold, for a special
				  exception or conditional use permit, if the threshold is expressed in terms of
				  a specific number of animals or animal units and was incorporated in a local
				  zoning ordinance prior to July 19, 2003.
Note: Some, but not all, political subdivisions require
					 local approval of new or expanded livestock facilities. The livestock facility
					 siting law does not require local approval. But if local approval is required,
					 the political subdivision must grant or deny approval based on this chapter. A
					 political subdivision may not consider other siting criteria, or apply
					 standards that differ from this chapter, except as provided in the livestock
					 facility siting law or this chapter.
A political subdivision may not require local approval for
					 new or expanded livestock facilities smaller than 500 animal units, except as
					 specifically authorized by the livestock facility siting law and this chapter.
					 A political subdivision may apply a lower size threshold adopted by ordinance
					 prior to July 19, 2003 if that threshold is expressed as a specific number of
					 animals or animal units. A local threshold expressed in locally-defined "animal
					 units" may meet this test, because it effectively indicates a specific number
					 of animals, even if the local ordinance definition of "animal units" differs
					 from the definition in this chapter. However the local application and approval
					 process must use the "animal units" definition in this chapter.
Local approvals under this chapter "run with the land." See
					 s.
					 ATCP
					 51.08. They normally continue to apply, despite
					 changes in ownership, as long as subsequent owners do not violate the terms of
					 the local approval. Some ordinances might require a pro forma permit transfer
					 with each transfer of ownership, but that transfer may not ordinarily limit the
					 scope of approval.
A livestock operator is not required to obtain local
					 approval under this chapter for the construction, repair or improvement of
					 livestock structures, unless the operator also adds "animal units" for which
					 local approval is required (local building codes and manure storage ordinances
					 may apply). However, a political subdivision may withdraw a local approval
					 granted under this chapter if the livestock operator does any of the following
					 (see s.
					 ATCP
					 51.34(4)):
* Without local authorization, alters the approved
					 livestock facility in a way that materially violates the terms of the local
					 approval.
* Alters the approved livestock facility so that the
					 altered facility violates the standards in subch. II.