Livestock Waste Management Ordinance Summary

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Purpose

The purpose of this Chapter is to assure the safe handling and spreading of livestock waste as well as to regulate the location, design, construction, alteration, operation, and maintenance of all livestock facilities and livestock waste transfer and storage facilities; and to regulate the abandonment/closure of livestock waste transfer and 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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Applicability

Any person or their agent who acquires ownership of, leases, or constructs, reconstructs, enlarges, abandons/closes or substantially alters any livestock waste storage facility, livestock waste transfer system or livestock facility or applies livestock waste on land subject to this ordinance, shall be subject to the provisions of this chapter of the Code.

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Standards and Specifications

  1. LIVESTOCK FACILITIES. The standards and specifications for design, construction, operation and maintenance of livestock facilities are those identified in the USDA-NRCS Field Office Technical Guide and the Wisconsin Administrative Codes.
  2. LIVESTOCK FACILITY SETBACK REQUIREMENTS. All new livestock facilities shall be sited a minimum of 50 feet from wells, and 300 feet from wetlands and surface water.  A livestock facility may be sited between 300 feet and 75 feet from wetlands and surface water with an approved variance from the Department.
  3. LIVESTOCK WASTE STORAGE FACILITIES AND TRANSFER SYSTEMS. The standards and specifications for design, construction, abandonment/closure, operation and maintenance of livestock waste storage facilities or transfer systems are those identified in the USDA-NRCS Field Office Technical Guide and the Wisconsin Administrative Codes.
  4. LIVESTOCK WASTE STORAGE FACILITIES SETBACK REQUIREMENTS. All new livestock waste storage facilities shall be sited a minimum of 300 feet from wetlands and surface water.  A livestock waste storage facility may be sited between 300 feet and 75 feet from wetlands and surface water with an approved variance from the Department.
  5. LIVESTOCK WASTE MANAGEMENT AND UTILIZATION. Livestock 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 all applicable current USDA-NRCS Technical Standards.  A current Nutrient Management Plan shall be submitted by the owner or operator of the livestock waste storage facility by March 31st annually to the Department until the livestock waste storage facility is no longer in use or it has been properly abandoned/closed.
  6. LIVESTOCK WASTE MANAGEMENT AND APPLICATION REQUIREMENTS. All livestock waste shall be managed and applied in accordance with all applicable technical standards. The following setbacks and separation distances are required for all sources of livestock waste applied within the county.

    (a) Livestock waste and organic by-products shall not be applied to the  following areas unless injected or incorporated within 72 hours:

    (1) Within 300 feet of surface water

    (2) Within 300 feet up-gradient of sinkholes, cracked bedrock, or wells.

    (b) Livestock waste and organic by-products shall not be applied on frozen or snow covered ground in the following areas:

    (1) Within 300 feet of surface water

    (2) Within 300 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.

    (c) Livestock waste and organic by-products shall not be applied in waterways, non-cropped wetlands, terrace channels, ditches or any other direct conveyance to surface water or groundwater.

  7. LIVESTOCK WASTE PROHIBITIONS. The following practices are prohibited pursuant of this ordinance.

    (a) Overflow of livestock waste storage facilities.

    (b) Unconfined livestock waste stacking (piling) within a water quality management area.

    (c) Direct runoff of livestock waste or process wastewater to waters of the state.

    (d) Unlimited access by livestock to waters of the state in a location where high concentrations of livestock prevents the maintenance of adequate sod cover.

 

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Permit Required

Except as hereinafter provided, no person or their agent may construct, reconstruct, enlarge, abandon/close or substantially alter any livestock waste storage facility, livestock waste transfer system or livestock facility without first obtaining a Livestock Waste Management Permit from the Department.

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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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Livestock Waste Management Ordinance and Fact Sheet

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