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Livestock Facility Siting Local options Ordinance development and revision Local and state roles.

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Presentation on theme: "Livestock Facility Siting Local options Ordinance development and revision Local and state roles."— Presentation transcript:

1 Livestock Facility Siting Local options Ordinance development and revision Local and state roles

2 Impact of siting law on options Local optionImpact of law Rely on unaffected ordinances to indirectly regulate Largely unchanged; still allowed Control land use through zoning districts Largely unchanged, except for new limitation Continue or add permit requirement (CUP or license) for individual facilities Complete change with new procedures and standards

3 Ordinances unaffected by siting law Ordinance Scope of regulation Shoreland and flood- plain zoning Limit building near waterways Construction site erosion/storm water management Protects water resources against runoff Generally applicable building, electrical and plumbing codes Ensures safe construction

4 Ordinances unaffected by siting law Ordinance Scope of regulation Road weight limits and clean-up Prevent road damage and protect safety Performance standards (e.g. no direct runoff, spreading setbacks) Protect water quality through conservation structures and practices

5 Ordinances that may be affected by siting law Ordinance Scope of regulation Manure storage structures Protect water quality by proper design, construction, and closure Feedlot Protect water quality by proper design, construction, and closure

6 Performance standard enforcement StandardCost-sharing and enforcement outside of siting law? Cost-sharing and enforcement using siting law? Manure storage a.Repair b.Closure RequiredNot required if part of permit Clean water diversion RequiredNot required No manure pilesMay applyNot required No overflowMay applyNot required Streambank overgrazing May applyNot required

7 Focus on construction Require NM plan May require –A permit to close a facility –Mandatory closure of unused or idle facilities –Systems management (e.g. annual NM plans, no overflow) County manure storage ordinances

8 Agricultural performance standards and prohibitions Erosion control Manure storage construction, maintenance, and closure Clean water diversion Nutrient management plans Manure management prohibitions

9 Covers ag construction that disturbs at least 1 acre Requires a plan to control erosion during construction and manage stormwater after construction Can be implemented locally using model ordinance (NR 152) Pre- and post-construction runoff control

10 Road Regulation Impose special weight limits on roads under s , Stats. –Protects against road damage from overweight vehicles Issue permits to allow certain overweight vehicles access to restricted roads Include permit condition to maintain road free of debris

11 Manure storage ordinances and ATCP 51 Manure Storage Requirement Continue to Enforce? Conflict with Siting Law? Construction and Closure Permits Yes, if operation not subject to siting permit Yes Mandatory closureYesNo, not regulated SetbacksYes, with limitsYes Feedlot Construction Permit NoYes

12 Impact of siting law on options Local optionImpact of law Rely on unaffected ordinances to indirectly regulate Largely unchanged; still allowed Control land use through zoning districts Largely unchanged, except for new limitation Continue or add permit requirement (CUP or license) for individual facilities Complete change with new procedures and standards

13 Planning and zoning authority unchanged by siting law Enact zoning laws based on comprehensive plan Control land uses through zoning districts –Enables consensus-based approach to define future land uses and development –Provides better control over land uses

14 Local zoning authority changed by siting law Cannot exclude livestock operations in an agricultural district unless: –Another ag district exists where operations of all sizes are allowed; AND –Exclusion is based on public health and safety Applies to all zoning ordinances –Existing and future

15 Four zoning districts in Model Ordinance

16 Impact of siting law on options Local optionImpact of law Rely on unaffected ordinances to indirectly regulate Largely unchanged; still allowed Control land use through zoning districts Largely unchanged, except for new limitation Continue or add permit requirement (CUP or license) for individual facilities Complete change with new procedures and standards

17 Thresholds for issuing permits Procedures for processing permits –Notice to adjacent landowners of a completed application Standards and criteria for approving permits Protection for expansions of operations and structures Permanency and transferability of permits New requirements for individual permits

18 Permit options to implement siting law Conditional Use –Applies only in zoned areas –Provides more land use control (all uses) –Requires more extensive steps to adopt –Can capitalize on strengths of zoning departments Licensing –Applies in unzoned towns or county-wide where there is a mix of zoned and unzoned towns –Provides less land use control (site specific) –Less complicated steps to adopt –More options for administration (LCDs)

19 Continue CUP requirements November 1st deadline Ordinance revised to conform to siting law requirements No gaps in issuing permits ensuring that all farms treated fairly Full grandfathering of key provisions –Use July 19, 2003 threshold

20 CUP status if November deadline not met Cannot rely on grace period to continue to permit proposed facilities Will have gaps in permitting until ordinance revised Will not be able to grandfather threshold under 500 Animal Units

21 Consider license to implement siting law DOES NOT NEED IMMEDIATE ATTENTION Consult model ordinance, LivestockFacilityModelOrdinance. html No threshold less than 500 AU but may be higher Develop a separate ordinance based on appropriate legal authority Adjust zoning law to reflect change if necessary

22 Ordinance development and revision

23 Conforming zoning ordinances to state requirements Total incorpor- ation by reference of ATCP 51 Incorporation of standards and application requirements by reference [see ATCP 50.10(2)] Full text except standards incorpor- ated by reference (see model ordinance)

24 Does your ordinance have multiple zoning districts? Review to ensure compliance if ag zone excludes or caps size of livestock operations Before considering new zones, revisit land use plan to evaluate opportunities Use zoning model ordinance as guide, –http://www.wisctowns.com/ LivestockFacilityModelOrdin ance.html

25 Does your ordinance apply older CUP and other requirements to livestock? Define which livestock are covered (e.g. horses) Clearly exclude cattle, swine, poultry, sheep and goats –E.g., limit variances as required (e.g. reduced setbacks)

26 500 animal units or more A number lower than 500 AU only if –It is the same as the number in effect on July 19, 2003 –It is adopted by November 1, 2006 No permit if expansions below 20% (unless exceeds number in prior permit) Does your ordinance set the correct threshold for a permit?

27 Does you ordinance follow state requirements for standards? State standards incorporated by reference –Required permit application includes necessary details Public health and safety findings included for any more stringent standards Permitted operations exempted from general performance standards (e.g. noise, odor)

28 Does your ordinance accommodate expansions? Allow "separate species facility" (up to 500 "animal units") without a local permit in most cases Enable expansions of structures if they are not built closer to road or property line –Allow new manure storage of the same size next to old Enable modifications to a permitted facility without a new permit

29 Does your ordinance include required permitting criteria and steps? A reasonable fee ($1000 or less) Permit approval unless clear and convincing evidence shows that the proposed facility fails to meet ordinance standards Record of decision including a written decision Application marked as “approved” if permit will issue

30 Does your ordinance properly address permit expiration, transfer and compliance? No expiration if operator adds animals and starts construction within 2 years Transferable and remain in effect as long as the operation meet standards Compliance procedures (e.g. inspections, non-compliance notices) and actions (e.g. stop work orders) –Recognize extenuating circumstances –Provide opportunity to cure and for a hearing to contest notice

31 State and local roles

32 Required filing and notice Submit ordinances to DATCP if changed to: –Incorporate state standards –Include more stringent standards Notify DATCP regarding permit application approval or denial –Submit application and worksheets

33 Not required if – Amending CUP to conform to siting law requirements –Adding CUP consistent with siting law requirements –Adding overlay as long as the EAZ requirements remain in tact Required if –To create multiple EAZ districts to locate and manage livestock operations LWCB and recertification of Exclusive Ag Zoning

34 Made up of seven members –Town, county, livestock farming, environment interests –3 at-large Authorized to review local permit decisions Has rules of procedure (in bylaws) and form for appeals –Available at web site, Livestocksting.wi.gov Provides for notice of appeal and opportunities for non-parties to participate Livestock Facility Siting Review Board – A lternative to courts for appeals

35 Administrative roles Design and install practices Help run models (odor and BARNY) Sign-off on worksheets (nutrient management, waste storage) Provide maps and data Inspect and monitor compliance Consider possible conflict of interest if multiple tasks performed (e.g. provide technical assistance and issues permit) Develop ordinances Follow steps to process applications including hearings Review completed application Initiate compliance actions

36 Local expertise and roles ActivityZoningLCDUWEX Update or create ordinance YesYes (best suited to licensing) Maybe Help operators with application** NoYes Check applications for standards compliance ** NoYesNot likely Monitor and enforce permits Yes, with limits No **DATCP/NRCS engineers may assist

37 DATCP –Web site: livestocksiting.wi.gov –Contacts: Mike Murray, ; Richard Castelnuovo, Models (Towns and County Associations) Sample zoning provisions, Sample%20Livestock%20Ordinance%20Provisions.htmlSample%20Livestock%20Ordinance%20Provisions.html (WTA) Licensing, LivestockFacilityModelOrdinance.htmlLivestockFacilityModelOrdinance.html (WTA) Both available at (WCA)http://www.wicounties.org/ Resources


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