Livestock Waste Management Ordinance Summary

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Purpose

To assure the safe handling and spreading of animal waste as well as to regulate the location, design, construction, alteration, operation, and maintenance of all animal lots and livestock waste storage facilities. Also to regulate the abandonment of livestock waste storage facilities in order to prevent water pollution, protect the health and safety of residents and transients, prevent the spread of disease, and promote the prosperity and general welfare of the citizens of Winnebago County.

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Where Does This Apply?

This Ordinance shall apply to all unincorporated areas of Winnebago County.

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Who Does This Apply To?

Any person or their agent who acquires ownership of, leases, or constructs, reconstructs, enlarges, abandons or substantially alters any livestock waste storage facility or animal lot or applies livestock waste on land subject to this ordinance.

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What This Applies To

´╗┐The handling and spreading of animal waste as well as the location, design, construction, alteration, operation, and maintenance of all animal lots and livestock waste storage facilities. Also the abandonment of livestock waste storage facilities.

Specific Items´╗┐

  1. ANIMAL LOTS. The standards and specifications for design, construction, operation and maintenance of animal lots are those identified in Standard 350 and 312, UDSA-NRCS Technical Guide and the Wisconsin Administrative Code NR812.
  2. ANIMAL LOT SETBACK REQUIREMENTS. All new animal lots shall be sited a minimum of 50 feet from wells, and 300 feet from any surface water. An Animal Lot may be sited between 300 and 75 feet from surface water with an approved variance from the Winnebago County Land & Water Conservation Department.
  3. LIVESTOCK WASTE STORAGE FACILITIES. The standards and specifications for design, construction, operation, and maintenance of livestock waste storage facilities are those identified in Standard 313, and 634, USDA-NRCS Technical Guide and the Wisconsin Administrative Code NR218.
  4. LIVESTOCK WASTE STORAGE FACILITIES SETBACK REQUIREMENTS. All new livestock waste storage facilities shall be sited a minimum of 75 feet from surface water.
  5. LIVESTOCK WASTE MANAGEMENT AND UTILIZATION. Animal wastes for which storage permits are issued under this chapter of the Code and all wastes from existing livestock waste storage facilities shall be managed and utilized in accordance with Standard 590, USDA-NRCS Technical Guide. A current (590) Nutrient Management Plan shall be submitted by the operator of the livestock waste storage facility by June 1st annually to the Winnebago County Land & Water Conservation Department until the animal waste storage facility is no longer in use and has been properly abandoned.
  6. MANURE HANDLING AND SPREADING REQUIREMENTS. The following setbacks and separation distances are required for all sources of manure spread within the county. Manure and organic byproducts shall not be applied to the following areas unless injected or incorporated within 72 hours:
    1. Within 200 feet of surface water.
    2. Within 200 feet up-gradient of sinkholes, cracked bedrock, or wells.

    Manure and organic byproducts shall not be applied on frozen or snow covered ground in the following areas:

    1. Within 200 feet of surface water.
    2. Within 200 feet up-gradient of sinkholes, cracked bedrock and wells.
    3. On slopes greater than 9% (Exception: Up to 12% is allowed if contour stripped with sod, or contour farmed with all crop residue remaining.
  7. ANIMAL WASTE PROHIBITIONS. The following practices are prohibited pursuant of this ordinance:
    1. Overflow of livestock waste storage facilities.
    2. Unconfined manure stacking (piling) within a water quality management area. "Water Quality Management Area" means any of the following:
      1. The area within 1,000 feet from the ordinary high-water mark of a lake, pond or flowage.
      2. The area within 300 feet from the ordinary high-water mark of a stream or river.
      3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.
    3. Direct runoff from animal lots or stored manure to waters of the state.
    4. Unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.
  8. This Ordinance WILL NOT require livestock operators to build livestock waste storage facilities.

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Permit Requirements

No person or their agent may construct, reconstruct, enlarge, or substantially alter any livestock waste storage facility or animal lot without first obtaining a LIVESTOCK WASTE MANAGEMENT PERMIT from the Winnebago County Land & Water Conservation Department.  Prior to issuance of a permit, livestock waste storage facility and or animal lot plans shall be approved either by the NRCS Area Engineer, by a DATCP representative, by a registered professional civil engineer, or by a Land and Water Conservation Department staff person having the appropriate Engineering Job Approval authority.

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Who To Contact

Contact Chad Casper, Tom Davies, or Melanie Leet at the Winnebago County Land & Water Conservation Department at (920)232-1950 or (920)727-8642.  Copies of the Livestock Waste Management Ordinance may be obtained at the LWCD office.

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