1. (1) General. If local approval is required for a new or expanded livestock facility, a person seeking local approval shall complete and file with the political subdivision the application form shown in Appendix A. The application shall include all of the information required by Appendix A and attached worksheets, including any authorized modifications made by the political subdivision under sub. (2). The information contained in the application shall be credible and internally consistent.
2. (2) Local modifications. A political subdivision may not alter the application form shown in Appendix A and attached worksheets, or require any additional information, except that a political subdivision may require information needed to determine compliance with local ordinance standards authorized under s. ATCP 51.10 (3) or 51.12 (1).

3. (3) Additional copies. A political subdivision may require an applicant to submit up to 4 duplicate copies of the original application under sub. (1). Each duplicate copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include engineering design specifications.

   Note: A political subdivision must file one duplicate copy of the final application and attachments with the department, within 30 days after the political subdivision grants or denies that application. See s. ATCP 51.34 (5). If the political subdivision approves the application, the political subdivision must give the applicant a copy of the approved application, marked “approved.” See s. ATCP 51.34 (3) (b). The applicant may wish to record this documentation with the register of deeds, and convey the documentation to any subsequent purchaser of the livestock facility. Among other things, documentation establishes “odor score” reference points for future expansions. See s. ATCP 51.14 (6).

4. (4) Local fees.

   1. (a) A political subdivision may charge an application fee established by local ordinance, not to exceed $1,000, to offset the political subdivision’s costs to review and process an application under sub. (1).

      Note: Under s. 66.0628, Stats., any fee imposed by a political subdivision must bear a reasonable relationship to the service for which the fee is imposed.

   2. (b) A political subdivision may not require an applicant to pay any fee, or post any bond or security with the political subdivision, except as provided in par. (a).

      Note: If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59, Stats., and other law as appropriate. However, a political subdivision may not require an applicant for local approval to post any bond or security with the application.

5. (5) Complete application. Within 45 days after a political subdivision receives an application under sub. (1), the political subdivision shall notify the applicant whether the application contains everything required under subs. (1) to (4). If the application is not complete, the notice shall specifically describe what else is needed. Within 14 days after the applicant has provided everything required under subs. (1) to (4), the political subdivision shall notify the applicant that the application is complete. A notice of completeness does not constitute an approval of the proposed livestock facility.

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

6. (6) Notice to adjacent property owners. Within 14 days after a political subdivision issues a notice under sub. (5), the political subdivision shall mail a completed written copy of the notice in Appendix C to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. The political subdivision shall mail the notice by first class mail. A political subdivision may recover from the livestock facility operator, under sub. (4) (a), its reasonable cost to prepare and mail notices under this subsection. The sum of the costs charged to the livestock operator under this subsection and sub. (4) (a) may not exceed the maximum amount specified in sub. (4) (a). Failure to comply with the notice requirement under this subsection does not invalidate a political subdivision’s approval of a proposed livestock facility, or create a cause of action by a property owner against the political subdivision.

History

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