Ag United News

Wisconsin finalizes livestock siting rule

May 04, 2006 Agri-View

David Ward knows large-scale farms don't always make bad neighbors, but he realizes the non-farm public doesn't always see it that way.

A Republican representative to the Wisconsin state Assembly since 1992, Ward, who's also a lifelong dairy farmer, has worked for the past six years to draft legislation that would allow livestock producers in the state to properly site and expand their operations. His goal is not to allow every farm in the state to expand wherever and whenever they want, but to make sure that those that want to do so do it right, and to reassure neighbors and others affected by the farm that proper practices will be followed.

"My hope is that, in the future, when the idea of expanding a livestock operation comes up, the neighborhood won't be up in arms about it," Ward says. Since the Wisconsin legislature approved ATCP 51, a state livestock facility siting rule based on Ward's original proposed legislation, earlier this year, Ward's a giant step closer to seeing his hope realized.

"I'm pleased to say that a lot of discussion has gotten us to where we are today," Ward says. The discussion included input from a number of different interests, such as state livestock and agriculture groups, state and local government officials, environmental organizations and the public. An 11-member panel of technical experts recommended the siting standards, and a 21-member advisory committee worked out the details of the standards over a period of more than two years. Along the way, "Everybody had a fair opportunity to present their case and make their argument," Ward says. He says he "can't say enough" about each group's participation, noting that he was impressed with the respect each showed to the others. "Agriculture, local government and the environmental community all came to the table to work together on this issue," he says.

The final livestock siting rule approved by the legislature this past February will impact construction of new Wisconsin livestock operations with more than 500 animal units (equivalent to 357 mature dairy cows) and construction on existing operations over 500 animal units that plan to expand 20 percent or more. Only producers in those areas in which local zoning ordinances had established a threshold lower than 500 animal units as of July 19, 2003 are required to get a permit for operations with less than 500 animal units. The rule is designed to give livestock producers statewide standards by which to apply for permits for construction, and to give local governments statewide standards by which to either approve or deny those permits on a case-by-case basis.

"Too many times, local governments have made decisions on politics and emotions rather than on facts," Ward says of his reason for first drafting the original legislation. He tells of several situations in which permits for new or expanding livestock operations in the state were denied for reasons he deems unacceptable, such as fear of an earthquake in southern Wisconsin cracking a manure lagoon on one farm, or concern that workers on another farm would play music too loud. "This really hammered home to me the need for guidance in the area of livestock facility siting in the state," Ward says.

According to Ward, Wisconsin's new livestock facility siting rule, which goes into effect for most producers on July 1, "will do a number of things."

"It'll give producers confidence going into the process of building or expanding," he says. "With this rule, producers know that if they do everything required of them, they can be quite sure they'll get a permit. They no longer have to worry about public hearings or putting their family through public ridicule."

Ward says the rule also provides local units of government with much-needed and -wanted guidelines.

"The rule gives them criteria to make decisions on siting, and then to be able to show people why they made the decision they did," he says.

Also built into the rule is an appeals process that allows both livestock producers and residents or owners of land within 2 miles of a livestock facility to appeal a local government's siting decision within 30 days.

"If a producer is denied a permit, he can go to the state appeals board and they'll make the decision whether his application meets all the standards in the rule," Ward explains. If the producer's challenge is valid, the seven-member board has the power to reverse the earlier decision.

"In the same way, if a neighbor doesn't like a decision that allows construction of a livestock facility, he can go to the appeals board and the appeals board will then decide whether to reverse the decision," Ward says. He feels this system is better than the current one, in which, "If a local government turns down your application, the only recourse is the courts, and that usually involves lawyers, a judge and a long, heated battle."

To assure that the new livestock facility siting rule works as it was designed, the legislation stipulates that the rule be periodically reviewed by a seven-member board. The board will perform an annual review of the rule its first four years in effect, and then once every four years thereafter. The reviews will include reports on the numbers of livestock siting applications received, approved and denied each year.

"We need to make sure we're going down the right path," Ward says of the reviews. "If we see a better way of doing things in the future, we can change that in the rule."

For now, Ward is pleased with the outcome of his push for a statewide livestock facility siting rule.

"I'm happy with the process it took to get to this point and I'm happy it's over," he says. "If, 10 or 15 years from now, I'm dead and buried but the dairy and livestock industry is alive and well in Wisconsin, I'll be smiling."

For more information on Wisconsin's livestock facility siting rule, visit http://www.datcp.state.wi.us, click on "Farming and Agriculture" and then, under the "Livestock" heading, click "Siting Livestock Operations."

For more information, see: http://www.agriview.com/articles/2006/05/04/capitol_news/producer02.txt

 

For more information, see: http://www.datcp.state.wi.us/arm/agriculture/land-water/livestock_siting/siting.jsp