The livestock facility siting law does not require that local governments regulate siting of individual livestock facilities. This is a local decision. Local governments have three basic options if they choose to regulate livestock operations:
1. Zoning Ordinance:
Local governments that adopt general zoning authority may use conditional use permits to regulate the siting of new or expanding livestock facilities that exceed 500 animal units. Conditions of approval and procedural practice must follow Wis. Stat. § 93.90 and Wis. Admin. Code ch. ATCP 51. Contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for a review of a proposed ordinance for consistency with state law.
Model zoning ordinance
Implementation of livestock facility siting in a certified farmland preservation zoning district
2. Licensing Ordinance:
Local governments may adopt a licensing ordinance that requires permits for new or expanding livestock facilities that exceed 500 animal units. Licensing is often used to regulate in the abscense of general zoning authority. Like a zoning ordinance, a licensing ordinance must be consistent with Wis. Stat. § 93.90 and Wis. Admin. Code ch. ATCP 51. Contact DATCP for a review of a proposed ordinance for consistency with state law.
Model licensing ordinance
3. Rely on laws other than livestock siting to regulate operations:
Existing state and local laws that apply to livestock operations
Submissions to DATCP
Local governments that adopt an ordinance to regulate livestock facility siting are required to submit the following materials to DATCP:
- A copy of any new or modified ordinance that regulates siting
- Copies of notice and decisions to grant or deny permit applications
- Copies of final applications, whether the local permit is granted or denied
- Copies of final notice or order withdrawing a local approval
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