CHAPTER 26
Animal Waste Management Ordinance

26.01 Authority

This ordinance is adopted under authority granted by § 92.16 of the Wisconsin Statutes.

26.02 Title

This ordinance may be cited as the Sauk County Animal Waste Management Ordinance and is herein referred to as the ordinance.

26.03 Definitions

For the purpose of this ordinance the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; the plural number includes the singular number; the word "shall" is mandatory and not directory. Words and phrases not defined herein shall be construed according to common and approved usage, but technical words and phrases and others that have a peculiar meaning shall be construed according to such meaning unless such construction would produce a result inconsistent with the manifest intent of this ordinance.

  1. ANIMAL WASTE. Livestock excreta and other materials such as bedding, rain or other water, soil, hair, feathers, and other debris normally included in animal waste handling operations.
  2. ANIMAL WASTE STORAGE FACILITY. A concrete, steel, or otherwise fabricated structure, or an excavated or earthen impoundment used for temporary storage of animal waste or other organic waste.
  3. APPLICANT. Any person who applies for a permit under this ordinance.
  4. EARTHEN ANIMAL WASTE STORAGE FACILITY. A facility of constructed earth dikes, excavated pits or ponds, or a combination of these, used for temporary storage of animal waste.
  5. PERMIT. The signed, written statement issued by the Land Conservation Department under this ordinance authorizing the applicant to construct, install, reconstruct, enlarge or substantially alter an animal waste storage facility, and to use or dispose of waste from the facility.
  6. PERMITTEE. Any person to whom a permit is issued under this ordinance.
  7. PERSON. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County or state agency within Wisconsin, the federal government or any combination thereof.
  8. TECHNICAL GUIDE. The United States Department of Agriculture (U.S.D.A.) Soil Conservation Service Technical Guide as adopted by the Sauk County Land Conservation Committee, and subsequent amendments or additions thereto.
  9. WASTE UTILIZATION. The land application of animal waste at an environmentally acceptable rate and in such a manner as to make use of the constituent nutrients for maintenance or improvement of the soil and plant resources.
  10. WATER POLLUTION. Any act or condition contaminating or rendering unclean or impure the ground or surface waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

26.04 Findings and Declaration of Policy

The Sauk County Board of Supervisors finds that the storage of animal waste in storage facilities not meeting technical design and construction standards may cause pollution of the surface and ground waters of Sauk County, and result in actual or potential harm to the health of County residents and transients and to livestock, aquatic life and other animals and plants.

The Sauk County Board of Supervisors also finds that improper management of animal waste storage facilities, and improper utilization of animal waste, including land application of stored animal waste, may cause pollution of the ground and surface waters of Sauk County, thereby damaging the tax base of Sauk County.

The Sauk County Board of Supervisors further finds that the technical standards developed by the U.S.D.A. Soil Conservation Service and adopted by the Sauk County Land Conservation Committee provide effective, practical and environmentally safe methods of storing and utilizing animal waste.

26.05 Purpose

The purpose of this ordinance is to regulate the location, design, construction, installation and alteration of animal waste storage facilities, and use of animal waste from these facilities, in order to prevent water pollution and thereby protect the health of Sauk County residents and transients; prevent the spread of disease; and to promote the prosperity and general welfare of the citizens of Sauk County. It is also intended to provide for the administration and enforcement of the ordinance and to provide penalties for its violation.

26.06 Applicability

This ordinance shall apply to all unincorporated areas of Sauk County.

26.07 Interpretation

in their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of Sauk County, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or County Ordinances.

26.08 Severability Clause

If any section, provision or portion of this ordinance is ruled invalid by a court, the remainder of the ordinance shall not for that reason be rendered ineffective.

26.09 Effective Date

This ordinance shall become effective upon its adoption by the Sauk County Board of Supervisors and approval of the Wisconsin Land Conservation Board.

26.10 Activities to be Subject to Regulation

  1. General requirement. Any person who constructs, installs, reconstructs, enlarges or substantially alters an animal waste storage facility, or who employs another person to do the same, on land subject to this ordinance, shall be subject to the provisions of this ordinance.
  2. Compliance with permit requirements. A person is in compliance with this ordinance if he or she follows the procedures of this ordinance, receives a permit from the Land Conservation Department before beginning activities subject to regulation under this section, and complies with the requirements of the permit.

26.11 Standards

  1. Standards for animal waste storage facilities. The standards for design and construction of animal waste storage facilities shall be the current standards in the Technical Guide.
  2. Standard for animal waste management and utilization. The standards for management of animal waste facilities and utilization of animal waste shall be the current standards in the Technical Guide.

26.12 Application for an Issuance of Permits

  1. Permit required. No person shall undertake an activity subject to this ordinance without obtaining a permit from the Land Conservation Department prior to beginning the proposed activity.
  2. Exception to permit requirement. Emergency repairs such as repairing a broken pipe or equipment, leaking dikes or the removal of stoppages may be performed without a permit. Any repairs significantly altering the original design or construction of a facility shall be reported, in writing, immediately within one (1) day of the emergency to the Land Conservation Department for a determination by the Department whether the repairs made were reasonably necessary to respond to the existing emergency.

    A permit shall be required for any work deemed to constitute additional alteration or repair to the facility in excess of that reasonably necessary to respond to the emergency. The Land Conservation Department's determination shall be rendered within one (1) business day of the reporting. Nonemergency work done without a proper permit shall constitute noncompliance with the ordinance.

26.13 Fee

The fee for a permit under this ordinance shall be twenty-five dollars ($25.00).

26.14 Animal Waste Storage Facility Plan Required

Each application for a permit under this section shall include an animal waste storage facility plan. Technical assistance for plan development shall be made available to applicants upon request through the Land Conservation Department in cooperation with the Soil Conservation Service or the services of a private consultant may be employed. The plan shall specify:

  1. The number and kinds of animals for which storage is provided and the duration for which storage is to be provided.
  2. A sketch of the facility and its location in relation to buildings within 250 feet and homes within 500 feet of the proposed facility. The sketch shall be drawn to scale, with a scale no smaller than 1 inch = 100 feet.
  3. The north arrow, scale of the drawing, legal description of the proposed facility, and location, description and elevation of a temporary benchmark.
  4. The structural details including, but not limited to, dimensions, cross-sections, concrete thickness, reinforcing steel location and design loading details when other than Soil Conservation Service prequalified designs and drawings are used.
  5. The construction and material specifications including, but not limited to, applicable specifications for earth fill, excavation, concrete, reinforcing steel, timber and pipes.
  6. The location of any wells within 500 feet of the facility.
  7. The soil test pit locations, elevations and soil descriptions to a depth of at least five (5) below the planned bottom of the facility.
  8. The elevation of groundwater or bedrock if encountered in the soil profile and the date of any such determinations.
  9. Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater. If a navigable body of water lies within 500 feet of the facility, the location and distance to the body of water shall be shown.
  10. A time schedule for construction of the facility.
  11. The details and plans for the method and structures used in transferring animal waste into and from the facility.
  12. Plans for utilization of the animal waste, including the amount of land available for application of waste, identification of the areas where the waste will be used, soil types and any limitations on waste application due to soil limitations, type and proximity of bedrock or water table, slope of land, proximity to surface water and the crops to be grown.

26.15 Review of Application

The Land Conservation Department shall receive and review all permit applications. The Department shall determine if the proposed facility meets required standards set forth in Section 26.11 of this ordinance. Within 30 days after receiving the completed application and fee, the Department shall inform the applicant, in writing, whether the permit application is approved and issue the permit or shall inform the applicant, in writing, of the reasons for disapproval. If additional information is required, the Land Conservation Department shall so notify the permit applicant. The Department has 30 days from receipt of the additional information in which to approve or disapprove the application. If the Land Conservation Department fails to approve or disapprove the permit application, in writing, within 30 days of the receipt of the permit application or additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued.

26.16 Permit Conditions

All permits issued under this ordinance shall be issued subject to the following conditions and requirements:

  1. Animal waste storage facility design, construction, management and utilization activities shall be carried out in accordance with the animal waste facility plan and applicable standards specified in Section 26.11 of this ordinance.
  2. The permittee shall give two (2) working days notice to the Land Conservation Department before starting any construction activity authorized by the permit.
  3. Approval in writing must be obtained from the Land Conservation Department prior to any modifications to the approved animal waste facility plan.
  4. The permittee and the contractor, if any, shall certify, in writing, that the facility was installed as planned.
  5. Activities authorized by permit must be completed within two (2) years from the date of issuance after which such permit shall be void.

26.17 Permit Revocation

The Land Conservation Department may revoke any permit issued under this ordinance if the holder of the permit has misrepresented any material fact in the permit application or animal waste facility plan, or if the holder of the permit violates any of the conditions of the permit.

26.18 Administration

  1. Delegation of authority. The Sauk County Land Conservation Department shall be the agency designated to administer and enforce this ordinance.
  2. Administrative duties. In the administration and enforcement of this ordinance, the Land Conservation Department shall:
    1. Keep an accurate record of all permit applications, animal waste facility plans, permits issued, inspections made and other official actions.
    2. Review permit applications and issue permits in accordance with Section (5) of this ordinance.
    3. Inspect animal waste facility construction to insure the facility is being constructed according to plan specifications.
    4. Investigate complaints relating to compliance with the ordinance.
    5. Perform other duties as specified in this ordinance.
  3. Inspection authority. The Land Conservation Department is authorized to enter upon any lands affected by this ordinance to inspect the land prior to or after permit issuance to determine compliance with this ordinance. If permission cannot be received from the applicant or permittee, entry by the Department shall be according to §§ 66.122 and 66.123 Stats.
  4. Enforcement authority. The Land Conservation Department is authorized to post an order stopping work upon land which has had a permit revoked or on land currently undergoing activity in violation of this ordinance. Notice is given by both posting upon the land where the violation occurs one (1) or more copies of a poster stating the violation, and by mailing a copy of the order by certified mail to the person whose activity is in violation of this ordinance. The order shall specify that the activity shall cease immediately. Failure to comply with such an order shall constitute a separate and independent violation of the ordinance.

    Any permit revocation or order stopping work shall remain in effect until retracted by the Land Conservation Committee, the Land Conservation Department, or by a court of competent jurisdiction, or until the activity is brought into compliance with the ordinance.

    The Department is authorized to refer any violation of this ordinance, or of an order stopping work issued pursuant to this ordinance, to the Corporation Counsel for commencement of further legal proceedings, seeking penalties and other appropriate relief in enforcement of the ordinance, as set forth in Section 26.19.

26.19 Violations

A violation includes any failure to comply with any standard of this ordinance or with any condition or qualification attached to any permit or any failure to comply with notice of a permit revocation or stop work order. Each day that a violation exists shall be a separate offense.

  1. Penalties. Any person who violates, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to a forfeiture of not less than twenty-five dollars ($25.00) plus costs of prosecution for each violation.
  2. Enforcement by injunction. As a substitute for, or in addition to, forfeiture actions, Sauk County may seek enforcement of any part of this ordinance by court actions seeking injunctions or restraining orders.

26.20 Appeals from Administrative Decisions

  1. Authority. The Sauk County Land Conservation Committee shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination by Land Conservation Department in administrating this ordinance.
  2. Procedure. Any appeal shall be made by written request, mailed or delivered to the Sauk County Land Conservation Committee, c/o Land Conservation Office, Sauk County West Square Building, 505 Broadway, Baraboo, Wisconsin, 53913. The request shall state the ground or grounds upon which it is contended that the decision should be modified or reversed. The Committee shall, as soon as reasonable, but no later than its next regular meeting, review the determination under appeal.
  3. Statutory administrative review and certiorari. The decision of the Sauk County Land Conservation Committee shall be subject to further administrative review by the Sauk County Sauk County Board of Adjustment if a written appeal seeking such review is filed within 30 days after the decision of the Committee. The decision of the Sauk County Board of Adjustment shall be subject to judicial review if, within 30 days after the decision of the Sauk County Board of Adjustment an action seeking the remedy available by certiorari is commenced, as authorized by Section 7.17 of the Sauk County Code of Ordinances and § 59.99 Stats.
  4. Who may appeal. Appeals may be taken by any person having substantial interest which is adversely affected by the order, requirement, decision or determination for which review is sought.

As adopted by the Sauk County Board of Supervisors on May 15, 1990 - Ordinance No. 61-90.

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