Section 51.02. Scope of this chapter.

 

(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.

(2)  This chapter does not apply to any of the following:

(a) Livestock facilities other than those in sub. (1) that require local approval.

(b) An approval required by a political subdivision within the scope of its authority under s. 59.692 , 59.693 , 60.627 , 61.351 , 61.354 , 62.231 , 62.234 or 87.30 , Stats.

(c) An approval required under a local building, electrical or plumbing code, if the standards for approval are consistent with standards established under the state building, electrical or plumbing code for that type of facility.

History: CR 05-014 : cr. Register April 2006 No. 604 , eff. 5-1-06.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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) ): Microsoft Windows NT 6.1.7601 Service Pack 1 • Without local authorization, alters the approved livestock facility in a way that materially violates the terms of the local approval. Microsoft Windows NT 6.1.7601 Service Pack 1 • Alters the approved livestock facility so that the altered facility violates the standards in subch. II. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 93.90 (3) (a) 3. , Stats. The statutes listed in par. (b) pertain to shoreland zoning, floodplain zoning, construction site erosion control and stormwater management. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 93.90 (3) (a) 4. , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1