Section 92.15. Local regulation of livestock operations.

 

(1)  In this section:

(a) “Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.

(b) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.

(2)  Notwithstanding ss. 92.11 and 92.17 , a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) .

(3)  

(a) Notwithstanding ss. 92.11 and 92.17 , a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s. 281.15 .

(b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a) .

(4)  A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on October 14, 1997, unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e) , that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14 or 281.65 or from any other source.

(5)  Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10) (am) or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69 , 60.61 , 60.62 , 61.35 or 62.23 (7) , if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69 , 60.61 , 60.62 , 61.35 or 62.23 (7) on October 14, 1997.

1997 a. 27 ; 1999 a. 9 ; 2011 a. 170 . Cross-reference: See also ch. NR 151 , Wis. adm. code.