In this chapter:

1. (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 right–of–way.

2. (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:

   1. (a) The livestock facility operator.

   2. (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.

3. (3) “Animal lot” means a feedlot, barnyard or other outdoor facility where livestock are concentrated for feeding or other purposes. “Animal lot” does not include a pasture or winter grazing area. Two or more animal lots at the same livestock facility constitute a single animal lot, for purposes of this chapter, if runoff from the animal lots drains to the same treatment area under s. ATCP 51.20 (2) or if runoff from the animal lot treatment areas converges or reaches the same surface water within 200 feet of any of those treatment areas.

4. (4) “Animal unit” has the meaning that was given in s. NR 243.03 (3) as of April 27, 2004.

   Note: See s. 93.90 (1m) (a), Stats., and s. ATCP 51.04. “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).

5. (5) “BARNY model” means the NRCS “Evaluation System to Rate Feedlot Pollution Potential,” ARM-NC-17 (April 1982 version with modifications as of August 2005).

   Note: The BARNY model is a commonly used computer model that predicts nutrient runoff from animal lots. Copies of the BARNY model are on file with the department, the secretary of state and the legislative reference bureau. An Excel computer spreadsheet version is available at www.datcp.state.wi.us.

6. (6) “Bedrock” means the top of the shallowest layer of a soil profile that consists of consolidated rock material or weathered-in-place material, more than 50% of the volume of which will be retained on a 2 mm soil sieve.
7. (7) “Certified agricultural engineering practitioner” means an agricultural engineering practitioner who is certified under s. ATCP 50.46 with a rating under s. ATCP 50.46 (5) that authorizes the practitioner to certify every matter that the practitioner certifies under this chapter.
8. (8) “Cluster” means any group of one or more livestock structures within a livestock facility.
9. (9) “Complete application for local approval” means an application that contains everything required under s. ATCP 51.30 (1) to (4).
10. (10) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

11. (11) “Direct runoff” has the meaning given in s. NR 151.015 (7).

    Note: Under s. NR 151.015 (7), “direct runoff” means a discharge of a significant amount of pollutants to waters of the state resulting from any of the following practices:

    (a) Runoff from a manure storage facility.

    (b) Runoff from an animal lot that can be predicted to reach surface waters of the state through a defined or channelized flow path or man-made conveyance.

    (c) Discharge of leachate from a manure pile.

    (d) Seepage from a manure storage facility.

    (e) Construction of a manure storage facility in permeable soils, or over fractured bedrock, without a liner designed according to s. NR 154.04 (3).

12. (12) “DNR” means the Wisconsin department of natural resources.

13. (13) “Expanded livestock facility” means the entire livestock facility that is created by the expansion, after May 1, 2006, of an existing livestock facility. “Expanded livestock facility” includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered.

    Note: This chapter applies to local approvals of new or expanded livestock facilities that will have 500 or more animal units (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003). See s. ATCP 51.02. Although this chapter covers all livestock structures in an “expanded livestock facility,” existing structures are subject to less rigorous standards than new or expanded structures, and are completely exempt from certain requirements.

14. (14) “Expansion” means an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an “expansion” unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12-month period.

    Note: See s. ATCP 51.04.

15. (15) “Fine soil particles” means soil particles that pass through a # 200 soil sieve.

    Note: See s. NR 151.002 (32).

16. (16) “High-use building” means any of the following buildings:

    1. (a) A residential building that has at least 6 distinct dwelling units.
    2. (b) A restaurant, hotel, motel or tourist rooming house that holds a permit under s. 97.605, Stats.
    3. (c) A school classroom building.
    4. (d) A hospital or licensed care facility.
    5. (e) A non-farm business or workplace that is normally occupied, during at least 40 hours of each week of the year, by customers or employed workers.
17. (17) “Karst feature” means an area or superficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater. “Karst feature” may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
18. (18) “Livestock” means domestic animals traditionally used in this state in the production of food, fiber or other animal products. “Livestock” includes cattle, swine, poultry, sheep and goats. “Livestock” does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink.

19. (19) “Livestock facility” means a feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12–month period. A “livestock facility” includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single “livestock facility” for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate “livestock facility.”

    Note: See definition of “related livestock facilities” in sub. (36) and “separate species facility” in sub. (38).

20. (20) “Livestock structure” means a building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. “Livestock structure” includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage facility. “Livestock structure” does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.

21. (21) “Local approval” means an approval, required by local ordinance, of a new or expanded livestock facility. “Local approval” includes a license, permit, special exception, conditional use permit or other form of local authorization. “Local approval” does not include any of the following:

    1. (a) 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.

       Note: See s. 93.90 (3) (a) 3., Stats. The statutes listed in par. (a) pertain to shoreland zoning, floodplain zoning, construction site erosion control and stormwater management.

    2. (b) 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.

       Note: See s. 93.90 (3) (a) 4., Stats.

22. (22) “Local ordinance” or “local code” means an ordinance enacted by a political subdivision.
23. (23) “Manure” means excreta from livestock kept at a livestock facility. “Manure” includes livestock bedding, water, soil, hair, feathers, and other debris that becomes intermingled with livestock excreta in normal manure handling operations.
24. (24) “Minor alteration” of a livestock structure means a repair or improvement in the construction of an existing livestock structure that does not result in a substantially altered livestock structure.
25. (25) “Navigable waters” has the meaning given in s. 30.01 (4m), Stats.

26. (26) “New livestock facility” means a livestock facility that will be used as a livestock facility for the first time, or for the first time in at least 5 years. “New livestock facility” does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding 5 years.

    Note: This chapter applies to local approvals of new or expanded livestock facilities that will have 500 or more animal units (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003). See s. ATCP 51.02.

27. (27) “NRCS” means the natural resource conservation service of the United States department of agriculture.
28. (28) “Operator” means a person who applies for or holds a local approval for a livestock facility.
29. (29) “Pasture” means land on which livestock graze or otherwise seek feed in a manner that maintains the vegetative cover over all of the grazing or feeding area.
30. (30) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.
31. (31) “Political subdivision” means a city, village, town or county.
32. (32) “Populate” means to add animal units for which local approval is required.
33. (33) “Property line” means a line that separates parcels of land owned by different persons.
34. (34) “Qualified nutrient management planner” means a person qualified under s. ATCP 50.48.
35. (35) “Registered professional engineer” means a professional engineer registered under ch. 443, Stats.

36. (36) “Related livestock facilities” means livestock facilities that are owned or managed by the same person, and related to each other in at least one of the following ways:

    1. (a) They are located on the same tax parcel or adjacent tax parcels of land.

       Note: A mere acquisition of a neighboring livestock facility does not constitute an “expansion” unless more animal units are added to the combined facilities.

       See sub. (14).

    2. (b) They use one or more of the same livestock structures to collect or store manure.

    3. (c) At least a portion of their manure is applied to the same landspreading acreage.

       Note: Compare definition of “animal feeding operation” under s. NR 243.03 (2). “Related livestock facilities” are treated as a single livestock facility for purposes of local approval, except that a “separate species facility” may be treated as a separate livestock facility. See subs. (19) and (38).

37. (37) “Runoff” means storm water or precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

38. (38) “Separate species facility” means a livestock facility that meets all of the following criteria:

    1. (a) It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related under sub. (36):

       1. 1. Cattle.
       2. 2. Swine.
       3. 3. Poultry.
       4. 4. Sheep.

       5. 5. Goats.

          Note: For purposes of par. (a), cattle and poultry are different “types” of livestock, but dairy and beef cattle are livestock of the same “type” (“cattle”). Milking cows, heifers, calves and steers (all “cattle”) are livestock of the same “type.” Turkeys, ducks, geese and chickens are livestock of the same “type” (“poultry”).

    2. (b) It has no more than 500 animal units.
    3. (c) Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related under sub. (36).

    4. (d) It meets one of the following criteria:

       1. 1. Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related under sub. (36).
       2. 2. It and the other livestock facilities to which it is related under sub. (36) have a combined total of fewer than 1,000 animal units.

39. (39) “Site that is susceptible to groundwater contamination” means any of the following:

    1. (a) An area within 250 feet of a private well.
    2. (b) An area within 1,000 feet of a municipal well.
    3. (c) An area within 300 feet upslope or 100 feet downslope of a karst feature.
    4. (d) A channel with a cross-sectional area equal to or greater than 3 square feet that flows to a karst feature.
    5. (e) An area where the soil depth to groundwater or bedrock is less than 2 feet.

    6. (f) An area where none of the following separates the ground surface from groundwater and bedrock:

       1. 1. A soil layer at least 2 feet deep that has at least 40% fine soil particles.
       2. 2. A soil layer at least 3 feet deep that has at least 20% fine soil particles.

       3. 3. A soil layer at least 5 feet deep that has at least 10% fine soil particles.

          Note: See s. NR 151.015 (18).

40. (40) “Substantially altered” livestock structure means a livestock structure that undergoes a material change in construction or use, including any of the following material changes:

    1. (a) An increase in the capacity of a waste storage facility.
    2. (b) The addition of a liner to a waste storage facility.
    3. (c) An increase of more than 20% in the area or capacity of a livestock structure used to house, feed or confine livestock, or to store livestock feed.
    4. (d) An increase of more than 20% in the number of animal units that will be kept in a livestock structure on at least 90 days in any 12-month period.

41. (41) “Unconfined manure pile” means a quantity of manure at least 175 cubic feet in volume that covers the ground surface to a depth of at least 2 inches, but does not include any of the following:

    1. (a) Manure that is confined within a manure storage facility, livestock housing structure or barnyard runoff control facility.
    2. (b) Manure that is covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater.
42. (42) “Waste” means manure, milking center waste and other organic waste generated by a livestock facility.
43. (43) “Waste storage facility” means one or more waste storage structures. “Waste storage facility” includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. “Waste storage facility” does not include equipment used to apply waste to land.

44. (44) “Waste storage structure” means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. “Waste storage structure” does not include equipment used to apply waste to land. For purposes of ss. ATCP 51.12 (2) and 51.14, “waste storage structure” does not include any of the following:

    1. (a) A structure used to collect and store waste under a livestock housing facility.
    2. (b) A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
45. (45) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

46. (46) “Winter grazing area” means cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. “Winter grazing area” does not include any of the following:

    1. (a) An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
    2. (b) An area which at any time has an average of more than 4 livestock animal units per acre.
    3. (c) An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.
    4. (d) An area in which manure deposited by livestock causes nutrient levels to exceed standards in s. ATCP 51.16.
47. (47) “WPDES permit” means a Wisconsin pollutant discharge elimination system permit issued by DNR under ch. NR 243.

History

History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06; correction in (16) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.