Ordinance Amendment to Chapter 26, Agricultural Performance Standards and Manure Management Ordinance and to Amend Section 20.07(13), Chapter 20, Uniform Citation Ordinance

Committee Status:

Board Review

Budget Status:

No Fiscal Impact

Decision Impact:

Significant

FTE Impact:

Funding Source:

Other (see budget status)

Purpose

Ordinance Amendment to Chapter 26, Agricultural Performance Standards and Manure Management Ordinance and to Amend Section 20.07(13), Chapter 20, Uniform Citation Ordinance

Background

BACKGROUND: Wisconsin Statutes §§ 59.02, 59.03, 59.70, 92.15 and 92.16, and Wis. Admin. Code §§ ATCP 50.56, ATCP 51.12 and NR 151.05 provide the authority for counties to 1) regulate land uses and land management practices which cause excessive soil erosion, sedimentation, nonpoint source water pollution or storm water runoff, 2) regulate livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3), and 3) Regulate manure storage facilities constructed after July 2, 1983, to meet technical and performance standards.

In March 2017, the Sauk County Board of Supervisors approved the repeal and replacement of Chapter 26, Agricultural Performance Standards and Manure Management Ordinance to be consistent with the Sauk County Land and Water Resource Management Plan and state runoff management regulations. Since the repeal and recreation of Chapter 26, additional clarification and changes are needed to ensure compliance with the ordinance. Chapter 20 is being updated to reflect department name change and additions and changes in citation fees.NONE

Resolution Files:

Chapter 26 Resolution

Budget Status (Other/External Sources):

Fiscal Note: None.

Resolution Body

NOW, THEREFORE, THE SAUK COUNTY BOARD OF SUPERVISORS DOES ORDAIN AS FOLLOWS:

Section 1. Any existing ordinances, codes, resolutions, or portions thereof in conflict with this ordinance shall be and hereby are repealed as far as any conflict exists.

Section 2. This ordinance shall take effect the day after passage and publication as required by law.

Section 3. If any claims, provisions or portions of this ordinance are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

Section 4. Chapter 26 and Chapter 20 of the General Code of Sauk County, Wisconsin, is amended as follows [additions noted by underline, deletions noted by strikethrough]:

1. Section 26.001 of the County Code of Ordinances is amended to read:

This ordinance is adopted under authority granted by Wis. Stat. §§ 59.02, 59.03, 59.70, 92.11, 92.15 and 92.16, and Wis. Admin. Code §§ ATCP 50.56, ATCP 51.12 and NR 151.05.

2. Section 26.007(5) of the County Code of Ordinances is amended to read:

3. Section 26.008(4)(c)3. of the County Code of Ordinances is amended to read:

4. Section 26.008(8)(b)2. of the County Code of Ordinances is amended to read:

5. Section 26.008(8)(b)2.c. of the County Code of Ordinances is amended to read:

c. Retention of the facility is warranted based on anticipated future use. The owner or operator shall maintain idle facilities at a level that prevents overflow. Any manure storage facilities that have had no manure added or removed for a period of 24 months or longer shall require an evaluation of the structure to determine if it complies with Sauk Co. Code ch. 26.008(8) and to ensure it was constructed and maintained to substantially minimize the risk of structural failure and substantially minimize leakage in order to comply with groundwater standards.

6. Section 26.008(8)(b)2.d. of the County Code of Ordinances is amended to read:

d. Safety devices are installed in accordance with Sauk Co. Code ch. 26.013(3)

7. Section 26.008(8)(c). of the County Code of Ordinances is amended to read:

Existing Facilities. “Failing and leaking existing facilities.” 1. Manure storage facilities in existence as of October 1, 2002, and that pose an imminent threat to public health or fish and aquatic life, or are causing a violation of groundwater standards, shall be upgraded, replaced, or abandoned in accordance with this section.

8. Section 26.008(8)(c)2. of the County Code of Ordinances is amended to read:

2. Levels of materials in storage facilities may not exceed the margin of safety level.

9. Section 26.009(5). of the County Code of Ordinances is amended to read:

10. Section 26.012. of the County Code of Ordinances is amended to read:

All fees under this ordinance are established pursuant to a Fee Schedule adopted by the agency Sauk County Board of Supervisors.

11. Section 26.013(3)(f) of the County Code of Ordinances is amended to read:

12. Section 26.013(4)(a). of the County Code of Ordinances is amended to read:

(a) Provisions to remove and properly dispose of all accumulated wastes in the manure facility including a nutrient management plan that complies with Wis. Admin. Code § ATCP 50.04.

13. Section 26.016(3)(e) of the County Code of Ordinances is amended to read:

(e) The storage of human waste is prohibited.

14. Section 26.018(2)(c). of the County Code of Ordinances is amended to read:

15. Section 26.018(2)(f). of the County Code of Ordinances is amended to read:

(f) Inspect manure storage facility construction to insureensure the facility is being constructed according to plan specifications.

16. Section 26.021(2). of the County Code of Ordinances is amended to read:

(2) PROCEDURE. Any appeal shall be made by written request, mailed or delivered to the Sauk County Conservation, Planning, and ZoningLand Resources and Environment Committee, c/o LRECPZ Department, 505 Broadway, Ste. 248, Baraboo, Wisconsin, 53913, within 60 days of any determination of the department. The request shall state the grounds upon which it is contended that the decision should be modified or reversed. The committee shall, as soon as is reasonable but no later than its next regular meeting, review the determination under appeal.

17. Section 20.07(13)(c) of the county Code of Ordinances is amended to read:

18. Section 20.07(13)(f) of the county Code of Ordinances is amended to read:

(f) $200violations of manure management prohibitions, s. 26.008(6)(b) and 26.008(6)(d)

19. Section 20.07(13)(h) of the county Code of Ordinances is amended to read:

(h) $2500 violations of certificate of use, s. 26.016

20. Section 20.07(13) of the county Code of Ordinances is amended to read:

Approved for presentation to the County Board by the Land Resources and Environment Committee this 13th day of January, 2022.

Requested Board Review Date:

Tuesday, January 18, 2022

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