reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.85 - Roof runoff systems

Current through June 24, 2024
(1) DEFINITION. In this section, "roof runoff
				  system" means facilities for collecting, controlling, diverting, and disposing
				  of precipitation from roofs. A "roof runoff system" may include gutters,
				  downspouts, erosion-resistant channels, subsurface drains, and
				  trenches.
(2) ELIGIBLE COSTS. A
				  cost-share grant under s.
				  ATCP
				  50.40 may reimburse the cost of designing and
				  constructing a roof runoff system as part of a barnyard runoff control system
				  or manure storage system if the roof runoff system is necessary to prevent roof
				  runoff from flowing across areas of concentrated manure.
(3) INELIGIBLE COSTS. A cost-share grant
				  under s.
				  ATCP
				  50.40 may not reimburse costs for structures that
				  divert water to areas not adequately protected from erosion.
(4) DESIGN, CONSTRUCTION, AND MAINTENANCE. A
				  cost-share grant under s.
				  ATCP
				  50.40 may not reimburse the cost of installing a roof
				  runoff system unless all of the following conditions are met:
(a) The roof runoff system complies with all
				  of the following that apply:
1. NRCS
				  conservation practice standard 558 roof runoff structure (September,
				  2021).
2. NRCS conservation
				  practice standard 620 underground outlet (June, 2021).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.86 - Sediment basins

Current through June 24, 2024
(1) DEFINITION. In this section:
(a) "Sediment basins" means permanent basins
				  that reduce the transport of waterborne pollutants such as eroded soil
				  sediment, debris, and manure sediment. Sediment basins may include containment
				  walls or berms, pickets or screens to filter debris, orifices or weirs to
				  control discharge, and conduits to direct runoff to treatment or discharge
				  areas.
(b) "Maximum storage
				  capacity" means the volume of water, in acre-feet, capable of being stored
				  behind a dam at maximum water elevation without overtopping any part that is
				  not part of the spillway system.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.87 - Sinkhole treatment

Current through June 24, 2024
(1) DEFINITION. In this section, "sinkhole
				  treatment" means modifying a sinkhole, or the area around a sinkhole, to reduce
				  erosion, prevent expansion of the hole, and reduce pollution of water
				  resources. Modifications may include the diversion of runoff around a sinkhole,
				  or the alteration of a sinkhole by excavation, cleanout, filter treatment,
				  sealing, or refilling.
(2) ELIGIBLE
				  COSTS. A cost-share grant under s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to sinkhole treatment:
(a) Costs for the
				  design and construction of a grassed waterway or diversion to direct surface
				  runoff around a sinkhole.
(b) Costs
				  for the design and construction of a grassed waterway or diversion to direct
				  surface runoff around a geologic depression to prevent the formation of a
				  sinkhole.
(c) Costs for the design
				  and construction of a modification to a sinkhole for the purpose of protecting
				  groundwater resources from contamination.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.88 - Streambank or shoreline protection

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "streambank or shoreline protection" means waterbody-specific
				  treatments used to stabilize and protect the eroding banks of streams or
				  constructed channels, and shorelines of lakes, reservoirs, or estuaries. The
				  practice is designed and installed to provide water quality benefits or control
				  soil erosion including degradation from livestock and may protect fish habitat
				  as an incidental benefit. Streambank or shoreline protection may include any of
				  the following components:
(a) Critical area
				  stabilization under s.
				  ATCP
				  50.69.
(b)
				  Diversions under s.
				  ATCP
				  50.70.
(c)
				  Grade stabilization under s.
				  ATCP
				  50.73.
(cg) Livestock fencing under s.
				  ATCP
				  50.75.
(cr) Livestock watering facilities under s.
				  ATCP
				  50.76.
(d)
				  Riparian buffers under s.
				  ATCP
				  50.83.
(e)
				  Roof runoff systems under s.
				  ATCP
				  50.85.
(em) Stream crossing under s.
				  ATCP
				  50.885.
(f) Subsurface drain under s.
				  ATCP
				  50.90.
(g)
				  Underground outlet under s.
				  ATCP
				  50.92.
(h)
				  Wetland development or restoration under s.
				  ATCP
				  50.98.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.882 - Stream restoration

Current through June 24, 2024
(1) DEFINITION. In this section "stream
				  restoration" means applying combinations of practices designed to the extent
				  possible to restore or repair healthy channel conditions, connections, and
				  functions adjacent to or upstream from erosion-prone agricultural lands or to
				  address other resource concerns. These practices shall be installed to slow the
				  flow of runoff, reduce flood peaks, restore surface and groundwater
				  interactions, improve water quality, or to increase soil retention, groundwater
				  infiltration, base flow, upper watershed storage, and flood resilience. These
				  practices can also be used to reduce or repair erosion, maintain water supply,
				  maintain sediment transport continuity, restore natural drainage, and stabilize
				  banks. Stream restoration practices may improve fish and wildlife habitat as an
				  incidental benefit. Stream restoration may include any of the following
				  components:
(a) Hydrologic restoration under
				  s.
				  ATCP
				  50.74.
(b)
				  Streambank or shoreline protection under s.
				  ATCP
				  50.88.
(c)
				  Stream crossing under s.
				  ATCP
				  50.885.
(d) Waterway systems under s.
				  ATCP
				  50.96.
(e)
				  Wetland development or restoration under s.
				  ATCP
				  50.98.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.885 - Stream Crossing

Current through June 24, 2024
(1) DEFINITION. In this section, "stream
				  crossing" means a road or pathway which confines or directs the movement of
				  livestock, farm equipment, or vehicular traffic over or through (ford crossing)
				  a stream, and which is designed and installed to improve water quality, reduce
				  erosion, protect an installed practice, or control livestock access to a
				  stream.
(2) ELIGIBLE COSTS. A
				  cost-share grant under s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to a stream crossing:
(a) The costs of
				  constructing a culvert, ford, or other allowed stream crossing structure other
				  than a bridge.
(b) The costs of
				  installing conservation practices necessary to limit water quality impairment
				  from a stream crossing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.89 - Stripcropping

Current through June 24, 2024
(1) DEFINITION. In this section,
				  "stripcropping" means growing crops in a systematic strip arrangement in which
				  strips of grass, legumes, or other close growing crops are alternated with
				  strips of clean tilled crops or fallow, and in which all of the strips are
				  established on the contour or across a slope to reduce water or wind
				  erosion.
(2) ELIGIBLE COSTS. A
				  cost-share grant under s.
				  ATCP
				  50.40 may reimburse the cost of establishing a
				  stripcropping system, including costs for the necessary removal of
				  obstructions.
(3) DESIGN,
				  CONSTRUCTION, AND MAINTENANCE. A cost-share grant under s.
				  ATCP
				  50.40 may not reimburse the cost of establishing a
				  stripcropping system unless all of the following conditions are met:
(a) The stripcropping operations are
				  performed, to the maximum extent feasible, on the contour.
(b) The stripcropping system complies with
				  all of the following that apply:
1. NRCS
				  technical guide obstruction removal standard 500 (July, 2016).
2. NRCS technical guide stripcropping
				  standard 585 (June, 2016).
(c) The landowner agrees to maintain the
				  stripcropping for 10 years unless farming operations on the affected land are
				  discontinued.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.90 - Subsurface drains

Current through June 24, 2024
(1) DEFINITION. In this section, "subsurface
				  drain" means a conduit installed below the surface of the ground to collect
				  drainage water and convey it to a suitable outlet.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse the cost of designing and
				  constructing a subsurface drain as part of a manure storage system, barnyard
				  runoff control system, feed storage runoff control system, erosion control
				  system, or as part of a nutrient treatment system.
(3) DESIGN, CONSTRUCTION, AND MAINTENANCE. A
				  cost-share grant may not reimburse the cost of establishing a subsurface drain
				  unless all of the following conditions are met:
(a) The subsurface drain is a necessary
				  component of a manure storage system, barnyard runoff control system, feed
				  storage runoff control system, erosion control system, or as part of a nutrient
				  treatment system.
(b) The
				  subsurface drain complies with all of the following that apply:
1. NRCS conservation practice standard 606
				  subsurface drain (June, 2021).
2.
				  NRCS conservation practice standard 620 underground outlet (June,
				  2021).
(c) The landowner
				  agrees to maintain the subsurface drain for 10 years unless farming operations
				  on the affected land are discontinued.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.91 - Terrace systems

Current through June 24, 2024
(1) DEFINITION. In this section, "terrace
				  system" means a system of ridges and channels installed on the contour with a
				  non-erosive grade and suitable spacing.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to a terrace system:
(a) Costs to install the
				  system, including necessary costs for necessary leveling, filling, and
				  obstruction removal.
(b) Costs to
				  purchase and install necessary underground pipe outlets and other necessary
				  mechanical outlets.
(c) Costs to
				  modify an ineffective system, unless the system has been rendered ineffective
				  because of changes in cropping patterns or equipment usage.
(d) Costs to establish permanent vegetative
				  cover, or to provide temporary cover until permanent cover is established. This
				  may include costs for mulch, fertilizer, and other necessary
				  materials.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.92 - Underground outlets

Current through June 24, 2024
(1) DEFINITION. In this section, "underground
				  outlet" means a conduit installed below the surface of the ground to collect
				  surface water and convey it to a suitable outlet.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse the cost of designing and
				  constructing an underground outlet as part of a manure storage system, barnyard
				  runoff control system, or erosion control system.
(3) DESIGN, CONSTRUCTION, AND MAINTENANCE. A
				  cost-share grant under s.
				  ATCP
				  50.40 may not reimburse the cost of establishing an
				  underground outlet unless all of the following conditions are met:
(a) The underground outlet is a necessary
				  component of a manure storage system, barnyard runoff control system, or
				  erosion control system.
(b) The
				  underground outlet complies with all of the following that apply:
1. NRCS conservation practice standard 606
				  subsurface drain (June, 2021).
2.
				  NRCS conservation practice standard 620 underground outlet (June,
				  2021).
(c) The landowner
				  agrees to maintain the underground outlet for 10 years unless farming
				  operations on the affected land are discontinued.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.925 - Verification of depth to bedrock

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "verification of depth to bedrock" means investigative methods
				  for infield depth to bedrock verification for fields receiving mechanical
				  applications of manure.
(2)
				  COST-SHARE ELIGIBILITY. A cost-share grant under s.
				  ATCP
				  50.40 may reimburse a landowner for the costs of
				  verifying depth to bedrock in an area subject to s.
				  NR
				  151.075.
(3) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to verification of depth to bedrock:
(a) Costs
				  to conduct a site assessment.
(b)
				  Costs to prepare the plan for verification of depth to bedrock.
(c) Costs associated with implementation of
				  the plan for verification of depth to bedrock using intrusive
				  methods.
(d) Costs associated with
				  implementation of the plan for verification of depth to bedrock using
				  geophysical methods.
(e) Costs
				  associated with ground truthing data collected through geophysical
				  methods.
(f) Costs to develop
				  department field maps as defined in the technical standard 01 verification of
				  depth to bedrock (July, 2021).
(g)
				  Costs to backfill or abandon boreholes and test pits.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.93 - Waste transfer systems

Current through June 24, 2024
(1) DEFINITION. In this section, "waste
				  transfer system" means components such as pumps, pipes, conduits, valves, and
				  other structures installed to convey manure, feed storage, and milking center
				  wastes from buildings and animal feeding operations to a storage structure,
				  loading area, or treatment area.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse the cost of designing and
				  constructing a waste transfer system which is a necessary component of a manure
				  storage system, barnyard runoff control system, or milking center waste system
				  funded under this chapter, provided that the waste transfer system is designed
				  and used for that sole purpose.
(3)
				  INELIGIBLE COSTS. A cost-share grant under s.
				  ATCP
				  50.40 may not reimburse the costs for any of the
				  following:
(a) Portable equipment for
				  spreading wastes on land or for incorporating wastes into land.
(b) Buildings or modifications to buildings.
				  This paragraph does not apply to building modifications that are essential for
				  the installation of a milking center waste control system.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.94 - Wastewater treatment strips

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "wastewater treatment strip" means an area of herbaceous
				  vegetation that is used as part of an agricultural waste management system to
				  remove pollutants from animal lot runoff or wastewater, such as runoff or
				  wastewater from a milking center or feed storage area.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse the following wastewater treatment
				  strip costs:
(a) Permanent fencing to protect
				  the wastewater treatment strip.
(b)
				  Costs to establish permanent vegetative cover in the wastewater treatment
				  strip, or to provide temporary cover until permanent cover is established. This
				  may include costs for mulch, fertilizer, and other necessary
				  materials.
(c) Costs to shape,
				  smooth, or prepare the wastewater treatment strip before establishing a
				  permanent vegetative cover.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.95 - Water and sediment control basins

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) "Manure storage facility"
				  has the meaning given in s.
				  ATCP
				  50.62 (1) (c).
(b) "Water and sediment control basin" means
				  an earthen embankment or a ridge and channel combination which is installed
				  across a slope or minor watercourse to trap or detain runoff and sediment.
				  "Water and sediment control basin" does not include a manure storage facility
				  or a structure designed to collect runoff and sediment from concentrated animal
				  feedlots.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.96 - Waterway systems

Current through June 24, 2024
(1) DEFINITION. In this section, "waterway
				  system" means a natural or constructed waterway or outlet that is shaped,
				  graded, and covered with a vegetation or another suitable surface material to
				  prevent erosion by runoff waters.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to a waterway system:
(a) Costs for site
				  preparation, grading, shaping, and filling.
(b) Costs to establish permanent vegetative
				  cover, or to provide temporary cover until permanent cover is established. This
				  may include costs for mulch, fertilizer, and other necessary
				  materials.
(c) Costs for the
				  necessary removal of obstructions, the necessary installation of subsurface
				  drains and underground outlets, and the necessary installation of machinery
				  crossings.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.97 - Well decommissioning

Current through June 24, 2024
(1) DEFINITION. In this section, "well
				  decommissioning" means permanently disabling and sealing a well to prevent
				  contaminants from reaching groundwater.
(2) ELIGIBLE COSTS. A cost-share grant under
				  s.
				  ATCP
				  50.40 may reimburse costs to design and implement a
				  well decommissioning, including costs to fill the well, seal the well, and
				  shape the land to protect the abandoned wellhead from precipitation and
				  runoff.
(3) DESIGN, CONSTRUCTION,
				  AND MAINTENANCE. A cost-share grant under s.
				  ATCP
				  50.40 may not reimburse the cost of well
				  decommissioning unless the well decommissioning complies with all of the
				  following that apply:
(a) NRCS conservation
				  practice standard 351 well decommissioning (August, 2021).
(b) Section
				  NR
				  812.26, related to well and drillhole
				  decommissioning.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VIII - Standards for Practices Receiving Financial Assistance › Section ATCP 50.98 - Wetland development or restoration

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "wetland development or restoration" means creating or restoring
				  hydrologic or other conditions suitable for wetland vegetation or other
				  important wetland functions. Construction of berms, destroying of tile lines or
				  drainage ditch functions, or excavating areas (scrapes) are among common
				  practices.
(2) ELIGIBLE COSTS. A
				  cost-share grant under s.
				  ATCP
				  50.40 may reimburse any of the following costs related
				  to the development or restoration of wetlands:
(a) Costs for earth moving to construct or
				  remove berms, levees, or dikes.
(b)
				  Costs for earth moving to fill in portions of drainage ditches.
(c) Costs to destroy portions of tile
				  lines.
(d) Costs to establish
				  vegetative cover to develop or restore wetlands, consistent with the practice
				  goals.
(e) Costs for earth moving
				  to construct scrapes.
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 51.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Adjacent" means located on land parcels
				  that touch each other, or on land parcels that are separated only by a river,
				  stream, or transportation or utility rightofway.
(2) "Affected neighbor" means, for purposes
				  of the odor score calculation under s.
				  ATCP
				  51.14, a residence or high-use building located within
				  2,500 feet of any livestock structure at a proposed livestock facility.
				  Affected neighbor" does not include a residence or high-use building owned by
				  any of the following:
(a) The livestock
				  facility operator.
(b) A person who
				  affirmatively agrees to have the residence or high-use building excluded from
				  the odor score calculation under s.
				  ATCP
				  51.14.
Note:
The odor score calculation under s.
					 ATCP 51.14
					 is based, in part, on the proximity and density of affected neighbors."
See Appendix A, worksheet 2.
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 51.04 - Animal units

Current through June 24, 2024
In this chapter, and in every local approval or application
					 for local approval under this chapter, the number of animal units kept or
					 authorized at a livestock facility means the maximum number of animal units
					 that are or may be kept on at least 90 days in any 12-month
					 period.
This section accounts for normal day-to-day and seasonal
						variations in livestock numbers, as livestock are born, received, moved and
						marketed. See s.
						93.90(3)
						(f), Stats.
Under this chapter, an applicant for local approval must
						specify the number of "animal units" for which the applicant seeks
						authorization. If the application is approved, the approval authorizes that
						number of "animal units." The authorized number is the maximum number of
						"animal units" that may be kept on 90 or more days in any 12-month period. A
						livestock operator may not exceed that authorized number without further local
						approval.
"Animal unit" equivalents, for different species and
						types of livestock, are shown in Appendix A, worksheet 1 (animal units). The
						"animal unit" equivalents are based on s.
						NR
						243.03(3) as it existed on April 27,
						2004 (the date on which the livestock facility siting law, 2003 Wis. Act 235,
						was published). See s.
						93.90(1m)
						(a), Stats., and s.
						ATCP
						51.01(4).
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 51.06 - Local approval of existing livestock facilities

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (2), a local ordinance may not require local approval under
				  this chapter for any of the following:
(a) A
				  livestock facility that existed before May 1, 2006 or before the effective date
				  of the local approval requirement.
(b) A livestock facility that the political
				  subdivision has already approved. A prior approval for the construction of a
				  livestock facility implies approval for the maximum number of animal units that
				  the approved livestock facility was reasonably designed to house, except as
				  otherwise clearly provided in the approval. Prior approval of a single
				  livestock structure, such as a waste storage structure, does not constitute
				  prior approval of an entire livestock facility.
Note: For example, if a political subdivision has already
					 approved construction of a livestock facility that was reasonably designed to
					 house up to 800 "animal units," that approval authorizes the operator to keep
					 up to 800 "animal units" at that facility (even if the scope of approval is not
					 explicitly stated in terms of "animal units").
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 51.08 - Duration of local approval

Current through June 24, 2024
(1) Except as
				  provided in sub. (2) or s.
				  ATCP
				  51.34(4), a local approval under this
				  chapter:
(a) Runs with the land and remains
				  in effect despite a change in ownership of the livestock facility or the land
				  on which it is located.
Note: Some local ordinances may require a pro forma permit
					 transfer with each transfer of ownership, but that transfer may not limit the
					 scope of the prior approval.
(b) Remains in effect regardless of the
				  amount of time that elapses before the livestock operator exercises the
				  authority granted by the approval, and regardless of whether the livestock
				  operator exercises the full authority granted by the approval.
Note: For example, if a livestock operator gets local
					 approval under this chapter to expand from 400 "animal units" (existing) to 900
					 "animal units", the livestock operator may implement the approved expansion
					 over a period of time chosen by the livestock operator. The operator does not
					 lose the approval merely because the operator implements the expansion in
					 gradual stages, or fails to expand by the full amount authorized. However, the
					 operator must at least begin the expansion within 2 years, or face possible
					 loss of approval. See sub. (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.10 - Livestock facility siting standards; general

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.12 - Livestock structures; location on property

Current through June 24, 2024
(1) PROPERTY LINE
				  AND ROAD SETBACKS; GENERAL. Livestock structures shall comply with local
				  ordinance requirements related to setbacks from property lines and public
				  roads, except that no local setback requirement may do any of the following:
(a) Require a livestock structure to be set
				  back more than 100 feet from any property line or public road right-of-way,
				  except as provided in sub. (2), if the livestock facility will have fewer than
				  1,000 animal units.
(b) Require a
				  livestock structure to be set back more than 200 feet from any property line,
				  or more than 150 feet from any public road right-of-way, except as provided in
				  sub. (2), if the livestock facility will have 1,000 animal units or
				  more.
(c) Prevent the use of a
				  livestock structure that was located within the setback area prior to the
				  effective date of the setback requirement.
(d) Prevent the expansion of a livestock
				  structure that was located within the setback area prior to the effective date
				  of the setback requirement, other than an expansion toward the property line or
				  public road to which the local setback applies.
Note: Many local jurisdictions have established basic
					 property line and road setback requirements by ordinance. Setbacks vary
					 depending on local circumstances, and often reflect years of local experience.
					 Subsection (1) honors local setback requirements, provided that the setbacks do
					 not exceed the limits specified in sub. (1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.14 - Odor and air emissions

Current through June 24, 2024
(1) ODOR STANDARD. Except as provided in
				  subs. (2) to (4), a livestock facility shall have an odor score of at least
				  500. The operator shall calculate the odor score according to
Appendix
				  A, worksheet 2
, or by using the equivalent spreadsheet provided on the
				  department's website. An application for local approval shall include
worksheet 2
or the spreadsheet output.
Note:
The spreadsheet equivalent of
Appendix A, worksheet 2
is available on the department's
					 website at http://livestocksiting.wi.gov/.
Odor score
is based on predicted odor
					 generation (based on size and type of livestock facility), odor practices, and
					 the proximity and density of "affected neighbors."
See Appendix A,
					 worksheet 2
.
An
odor score
is a predictive estimate.
					 The standard in sub. (1) applies only for purposes of local livestock facility
					 siting decisions under this chapter. Failure to comply with the standard in
					 sub. (1) does not constitute evidence of a public or private nuisance,
					 negligence, or a taking of property.
Odor control practices may also control air pollution
					 emissions. The department will work to coordinate odor and air emissions field
					 research with DNR, the Wisconsin agricultural stewardship initiative (WASI),
					 and the University of Wisconsin. The department will consider research results
					 when it reviews this chapter at least once every 4 years (see s.
					 93.90(2)
					 (c), Stats.). As part of its review, the
					 department will consult with an advisory committee that includes
					 representatives of livestock producers, local government and environmental
					 interests. The department will consider amendments to this rule, as
					 appropriate, based on research findings.
(2) EXEMPTIONS. The odor standard in sub. (1)
				  does not apply to any of the following livestock facilities unless the facility
				  operator voluntarily completes and submits
worksheet 2
or the
				  equivalent spreadsheet output with the operator's application for local
				  approval:
(a) A new livestock facility with
				  fewer than 500 animal units.
(b) An
				  expanded livestock facility with fewer than 1,000 animal units.
(c) A livestock facility in which all
				  livestock structures will be located at least 2,500 ft. from the nearest
				  affected neighbor.
Note:
"Affected neighbors" (ATCP
					 51.01(2)) are residences or "high-use
					 buildings" (ATCP
					 51.01(16))
other
					 than
those owned by the livestock operator or by persons who agree to
					 be excluded from odor score calculations under sub. (1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.16 - Nutrient management

Current through June 24, 2024
(1) NUTRIENT MANAGEMENT STANDARD.
(a) Except as provided in par. (c):
1. Land applications of waste from a
				  livestock facility approved under this chapter shall comply with NRCS nutrient
				  management technical standard 590 (September, 2005), except for sections
				  V.A.2.b(2), V.D, V.E and VI.
Note: NRCS nutrient management technical standard 590
					 (September, 2005) is reprinted in Appendix B. The following sections of the
					 reprinted standard do not apply for purposes of this chapter:
V.A.2.b(2), related to additional requirements imposed by
					 local conservation plans.
V.D, related to additional criteria to minimize N and
					 particulate air emissions.
V.E, related to additional criteria to protect the
					 physical, chemical and biological condition of the soil.
VI, related to discretionary considerations.
2. A nutrient management
				  checklist, shown in Appendix A, worksheet 3, part C, shall accompany an
				  application for local approval. A qualified nutrient management planner, other
				  than the livestock operator, shall answer each checklist question. The planner
				  shall have reasonable documentation to substantiate each answer, but neither
				  the planner nor the operator is required to submit that documentation with the
				  checklist.
Note: A livestock operator is not required to submit a
					 complete nutrient management plan with an application for local approval. Both
					 the operator and the qualified nutrient management planner must sign the
					 nutrient management checklist. See Appendix A, worksheet 3, part C.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.18 - Waste storage facilities

Current through June 24, 2024
(1) DESIGN,
				  CONSTRUCTION AND MAINTENANCE; GENERAL. All waste storage facilities for a
				  livestock facility shall be designed, constructed and maintained to minimize
				  the risk of structural failure, and to minimize the potential for waste
				  discharge to surface water or groundwater. A waste storage facility may not
				  lack structural integrity or have significant leakage. An unlined earthen waste
				  storage facility may not be located on a site that is susceptible to
				  groundwater contamination.
Note: A "site that is susceptible to groundwater
					 contamination" is defined in s.
					 ATCP
					 51.01(39).
(2) EXISTING FACILITIES. For purposes of
				  local approval, an existing waste storage facility is presumed to comply with
				  sub. (1) if a registered professional engineer or certified agricultural
				  engineering practitioner certifies one of the following in the application for
				  local approval:
(a) The facility is
				  constructed of concrete or steel or both, was constructed within the last 10
				  years according to then-existing NRCS standards, and shows no apparent signs of
				  structural failure or significant leakage.
(b) The facility was constructed within the
				  last 3 years according to then-existing NRCS standards, and shows no apparent
				  signs of structural failure or significant leakage.
(c) The facility was constructed according to
				  NRCS standards that existed at the time of construction, is in good condition
				  and repair, and shows no apparent signs of structural failure or significant
				  leakage.
(d) The facility is in
				  good condition and repair, shows no apparent signs of structural failure or
				  significant leakage, and is located on a site at which the soils and separation
				  distances to groundwater comply with NRCS technical guide manure storage
				  facility standard 313, table 1 (November, 2004).
(e) The facility is in good condition and
				  repair, shows no apparent signs of structural failure or significant leakage,
				  is located entirely above ground, and is located on a site at which the soils
				  comply with NRCS technical guide manure storage facility standard 313, table 5
				  (November, 2004).
Note: According to s.
					 ATCP 51.30, an
					 application for local approval must include a certification under sub. (2) for
					 each existing waste storage facility. See Appendix A, worksheet 4 (waste
					 storage facilities).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 51 - Livestock Facility Siting › Subchapter II - Livestock Facility Siting Standards › Section ATCP 51.20 - Runoff management

Current through June 24, 2024
(1) NEW OR SUBSTANTIALLY ALTERED ANIMAL LOTS.
				  New or substantially altered animal lots shall comply with NRCS technical guide
				  wastewater treatment strip standard 635 (January, 2002).
(2) EXISTING ANIMAL LOTS.
(a) The predicted average annual phosphorus
				  runoff from each existing animal lot to the end of the runoff treatment area,
				  as determined by the BARNY model, shall be less than the following applicable
				  amount:
1. Fifteen pounds if no part of the
				  animal lot is located within 1,000 feet of a navigable lake or 300 feet of a
				  navigable stream.
2. Five pounds if
				  any part of the animal lot is located within 1,000 feet of a navigable lake or
				  300 feet of a navigable stream.
Note: The BARNY model is a computer model that predicts
					 nutrient runoff from animal lots. Copies of the BARNY model are on file with
					 the department and the legislative reference bureau. An Excel spreadsheet
					 version may be obtained from the NRCS Wisconsin website (engineering
					 directory).
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 51.32 - Timely action on application

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (2), a political subdivision shall grant or deny an
				  application under s.
				  ATCP
				  51.30(1) within 90 days after the
				  political subdivision gives notice under s.
				  ATCP
				  51.30(5) that the application is
				  complete.
(2) TIME EXTENSION.
(a) A political subdivision may extend the
				  time limit in sub. (1) for good cause, including any of the following:
1. The political subdivision needs additional
				  information to act on the application.
2. The applicant materially modifies the
				  application or agrees to an extension.
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 51.34 - Granting or denying an application

Current through June 24, 2024
(1) GRANTING AN
				  APPLICATION. Except as provided in sub. (2), a political subdivision shall
				  grant an application under s.
				  ATCP
				  51.30(1) if all of the following
				  apply:
(a) The application complies with s.
				  ATCP 51.30.
(b) The application contains sufficient
				  credible information to show, in the absence of clear and convincing
				  information to the contrary, that the proposed livestock facility meets or is
				  exempt from the standards in subch. II. To the extent that a standard under
				  subch. II vests discretion in a political subdivision, the political
				  subdivision may exercise that discretion.
Note:
See s.
					 93.90(4)
					 (d), Stats.
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 51.36 - Record of decision-making

Current through June 24, 2024
A political subdivision shall keep a complete written
					 record of its decision-making related to an application under s.
					 ATCP 51.30. The
					 political subdivision shall keep the record for at least 7 years following its
					 decision. The record shall include all of the following:
(1) The application under s.
				  ATCP
				  51.30(1), and all subsequent
				  additions or amendments to the application.
(2) A copy of any notice under s.
				  ATCP
				  51.30(5), and copies of any other
				  notices or correspondence that the political subdivision issues in relation to
				  the application.
(3) A record of
				  any public hearing related to the application. The record may be in the form of
				  an electronic recording, a transcript prepared from an electronic recording, or
				  a direct transcript prepared by a court reporter or stenographer. The record
				  shall also include any documents or evidence submitted by hearing participants.
Note: Municipal law normally determines whether a hearing
					 is required. See, generally, ch. 68, Stats.
(4) Copies of any correspondence or
				  evidentiary material that the political subdivision considered in relation to
				  the application.
(5) Minutes of any
				  board or committee meeting held to consider or act on the
				  application.
(6) The written
				  decision required under s.
				  ATCP
				  51.34(3).
(7) Other documents that the political
				  subdivision prepared to document its decision or decision-making
				  process.
(8) A copy of any local
				  ordinance cited in the decision.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 52 - Producer Led Watershed Protection Grants › Section ATCP 52.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Department" means the state of Wisconsin
				department of agriculture, trade and consumer protection.
(2) "Legal entity" includes a corporation,
				partnership, company, or association registered by the department of financial
				institutions or a nonprofit organization with tax-exempt status under section
				501(c)(3) of the internal revenue code.