1. (1) Review of local regulations. The department may review and comment on local regulations.

   Note: Local conservation requirements should be consistent with this chapter (see ss. 92.05 (1), (3) (c) and (L), 92.07 (2), 92.11, 92.15 (2) to (4), 92.16, 92.17, 93.90, and 281.16 (3), Stats.). A local regulation may not require a livestock operator to obtain a license or permit for a new or expanding livestock operation, except as specifically authorized under s. 93.90, Stats., and ch. ATCP 51. When exercising their approval authority under the livestock facility siting law, political subdivisions may be limited in their application of local manure storage ordinances adopted under s. 92.16, Stats., and s. ATCP 50.56. (See s. ATCP 51.10 (1)).

2. (2) Cost-sharing required.

   1. (a) No county, local government, or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government, or tribe first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:

      1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).
      2. 2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation” has the meaning given in s. NR 151.095 (5) (b).

   2. (b) Paragraph (a) does not apply to a nutrient management plan under s. ATCP 50.04 (3) when required by any of the following:

      1. 1. A permit for a manure storage system voluntarily constructed by a landowner.
      2. 2. A permit required for a new or expanding livestock facility operation regulated under ch. ATCP 51.

   3. (c) Paragraph (a) does not limit any of the following:

      1. 1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
      2. 2. County action under s. ATCP 50.16 (6) to suspend a landowner’s eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).
      3. 3. Enforcement of an existing cost-share contract.

History

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (b) (intro.) Register January 2018 No. 745, eff. 2-1-18.