Section 50.81. Relocating or abandoning animal feeding operations.

 

(1)   Definitions. In this section:

(a) "Abandonment" means discontinuing an animal feeding operation in order to prevent surface water or groundwater pollution from that animal feeding operation.

(b) "Animal feeding operation" means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or common management constitute a single animal feeding operation if any of the following apply:

1. The operations are adjacent.

2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

(c) "Relocation" means discontinuing an animal feeding operation at one site and commencing that operation at a suitable alternate site in order to minimize the amount of surface water or groundwater pollution from that animal feeding operation.

(2)   Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse costs incurred for the permanent relocation or abandonment of an animal feeding operation if all of the following conditions are met:

(a) The department or the county land conservation committee finds that relocation or abandonment is the most practical and cost-effective way to achieve compliance with state or local regulations.

(b) The department approves the relocation or abandonment plan.

(c) The landowner agrees, in a covenant that runs with the land, that no person may reestablish an animal feeding operation at that site unless the department determines that the reestablished operation complies with s. ATCP 50.04 . The department may waive this requirement if the department finds that the covenant is unnecessary.

(d) The covenant under par. (c) is recorded in the office of the register of deeds for each county in which the property is located.

(3)   Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to relocate or abandon an animal feeding operation:

(a) Costs to install manure management systems and other conservation practices under this subchapter at a new site, as authorized under this chapter.

(b) Costs to abandon and rehabilitate the current site, including costs for any of the following:

1. Removing concrete paving, fencing, bunks, livestock housing structures, livestock feeding structures, and other obstructions.

2. Grading and establishing vegetation on the site.

3. Excluding livestock from the site.

4. Abandoning wells on the site.

(c) Costs to move buildings and other structures.

(d) Costs to transport animals to a site in this state that is not on the same farm, up to a maximum of $5,000.

(e) Costs for livestock buildings and associated facilities needed to maintain the transferred livestock at the new site if all of the following apply:

1. The department determines that the relocation is necessary to comply with s. ATCP 50.04 and is cost-effective.

2. The cost-share grant does not exceed the appraised value of the buildings and associated facilities at the current site, or 70% of the costs of the replacement buildings and associated facilities, whichever is less.

3. The relocation will not cause a violation of s. ATCP 50.04 .

(4)   Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to reestablish an animal feeding operation that has been abandoned under this section.

(5)   Design, construction, and maintenance. A cost-share grant may not reimburse the cost of relocating or abandoning an animal feeding operation unless all of the following apply:

(a) The relocation or abandonment complies with the NRCS technical guide standards for the conservation practices in this subchapter.

(b) The landowner agrees to maintain the relocated operation, if any, for 10 years unless farming operations on the affected land are discontinued.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02.

Note

Cost-share grants under this section are subject to the limitations specified in s. ATCP 50.42 . Microsoft Windows NT 6.1.7601 Service Pack 1