Local livestock operation ordinances and regulations

Local livestock operation ordinances and regulations. (1) Local regulations that exceed state standards; approval required. (a) Except as provided in par. (b) , a local governmental unit may not enact a livestock operation ordinance or regulation for water quality protection that exceeds the performance standards or prohibitions in ss. NR 151.05 to 151.08 or the related conservation practices or technical standards in ch. ATCP 50 , unless the local governmental unit obtains approval from the department under sub. (2) , or receives approval from DATCP pursuant to s. ATCP 50.60 . (b) Paragraph (a) does not apply to any of the following: 1. Local ordinances or regulations that address cropping practices that are not directly related to the livestock operation. 2. Local ordinances or regulations enacted prior to October 1, 2002. (2) Department approval. (a) To obtain department approval under sub. (1) for an existing or proposed regulation, the head of the local governmental unit or the chair of the local governmental unit’s governing board shall do all of the following: 1. Submit a copy of the livestock operation ordinance or regulation or portion thereof to the department and to the department of agriculture, trade and consumer protection. 2. Identify the provisions of the regulation for which the local governmental unit seeks approval. 3. Submit supporting documentation explaining why the specific regulatory provisions that exceed the performance standards, prohibitions, conservation practices or technical standards are needed to achieve water quality standards, and why compliance cannot be achieved with a less restrictive standard. (b) The department shall notify the local governmental unit in writing within 90 calendar days after the department receives the ordinance or regulation as to whether the ordinance or regulation, or portion thereof is approved or denied and shall state the reasons for its decision. Before the department makes its decision, the department shall solicit a recommendation from DATCP. If the department finds the regulatory provisions are needed to achieve water quality standards, the department may approve the ordinance or regulation or portion thereof. (3) Local permits. Local permits or permit conditions are not subject to the review and approval procedures in this section unless the permit conditions are codified in a local ordinance or regulation.