[Adopted 7-21-2009 by Ord. No. 04-2009 as § 10.3
of the 2000 Code]
This article is adopted under authority granted under §§ 59.70(1),
92.15 and 92.16 of the Wisconsin Statutes. The title of this article
is "Village of Hobart Animal Waste Management Ordinance" and it regulates
design, construction, abandonment and maintenance of animal waste
storage facilities, animal feedlots, and nutrient management.
The purpose of this article is to regulate the location, construction,
installation, alteration, design and use of animal waste storage facilities
and animal feedlots so as to 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 the Village of Hobart. It is
also intended to provide for the administration and enforcement of this
article and to provide penalties for its violation. It is also intended
to protect the groundwater and surface water resources of the Village
of Hobart.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Village of Hobart, and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
This article applies only to the areas in the Village of Hobart.
Abandonment requirements apply to all animal waste storage facilities
regardless of the date of construction. Nutrient Management Plan (590)
provisions shall apply to all animal waste storage facilities issued
a permit under this article regardless of the date of construction.
Animal feedlot requirements shall apply only to sites that exceed
the prohibitions in § 185-14 of this article or the standards
in Section 10.04(1)(b), Brown County Code; or receive a notice of
discharge under Ch. 283 Wis. Statutes; or existing sites that exceed
500 animal units; or new animal feedlots that exceed 40 animal units.
Definitions herein are to conform to the provisions set forth
in the Wisconsin Administrative Code and Village of Hobart Code.
ABANDONMENT
A livestock waste storage facility is no longer being used
for its intended purpose, and is no longer receiving animal wastes,
has not received any animal wastes for a period of two years and,
based on available evidence, will not receive animal wastes from an
active livestock operation within the next six months.
ANIMAL FEEDLOT
Land or building or combination of land and buildings intended
for the confined feeding, breeding, raising, or holding of animals,
specifically designed as a confinement area in which manure may accumulate,
or where the concentration of animals is such that a vegetative cover
cannot be maintained within the enclosure. For purposes of these parts,
open land used for the feeding and rearing of poultry (poultry ranges)
shall be considered to be animal feedlots. Pastures shall not be considered
animal feedlots under these parts. New animal feedlots are those that
are established after the effective date of this article.
ANIMAL UNIT
A unit of measure used to determine the total number of single
animal types or combination of animal types, as specified in Ch. NR
243, Wis. Adm. Code, which are fed, confined, maintained, or stabled
in an animal feeding operation.
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.
ANIMAL WASTE STORAGE FACILITY
Concrete, steel or otherwise fabricated structure and earthen
animal waste storage facility used for temporary storage of animal
waste or other organic waste.
APPLICANT
Any person who applies for a permit under this article.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
MANURE
Livestock excreta. "Manure" includes livestock bedding, water,
soil, hair, feathers, and other debris that becomes intermingled with
livestock excreta in normal manure handling operations.
NUTRIENT MANAGEMENT PLAN (590)
A plan that balances the nutrient needs of a crop with the
nutrients available from legume crops, manure, fertilizer or other
sources. Management includes the rate, method, and timing of the application
of all sources of nutrients to minimize the amount of nutrients entering
surface and groundwater. The requirements for a nutrient management
plan are as established in § ATCP 50.04(3).
PASTURE
Land with a permanent, uniform cover of grasses or legumes
used as forage for livestock. Pastures do not include areas where
supplemental forage feeding is provided on a regular basis.
PERMIT
The signed, written statement issued by the Brown County
Land Conservation Department under this article authorizing the applicant
to construct, install, reconstruct, enlarge or substantially alter
an animal waste storage facility or animal feedlot.
PERMITTEE
Any person to whom a permit is issued under this article.
PERSON
Any individual, corporation, limited liability company, trust,
partnership, joint venture, agency, unincorporated association, municipal
corporation, county, or state agency within Wisconsin, the federal
government, or any other legally recognized entity, or any combination
thereof.
SITE THAT IS SUSCEPTIBLE TO GROUNDWATER CONTAMINATION
Under § 281.16(1)(g), Wis. Stats., means any one
of the following:
A.
An area within 250 feet of a private well.
B.
An area within 1,000 feet of a municipal well.
C.
An area within 300 feet upslope or 100 feet downslope of karst
features.
D.
A channel with a cross-sectional area equal to or greater than
three square feet that flows to a karst feature.
E.
An area where the soil depth to groundwater or bedrock is less
than two feet.
F.
An area where the soil does not exhibit one of the following
soil characteristics:
(1)
At least a two-foot soil layer with 40% fines or greater above
groundwater or bedrock.
(2)
At least a three-foot soil layer with 20% fines or greater above
groundwater or bedrock.
(3)
At least a five-foot soil layer with 10% fines or greater above
groundwater or bedrock.
TECHNICAL GUIDE
The United States Department of Agriculture (USDA) Natural
Resources Conservation Service Field Office Technical Guide that is
currently in effect, and as amended from time to time.
UNCONFINED MANURE PILE
A quantity of manure, at least 175 cubic feet in volume,
that covers the ground surface to a depth of at least two inches and
is not confined within a manure storage facility, livestock housing
facility or barnyard runoff control facility.
WATER QUALITY MANAGEMENT AREAS
The area within 1,000 feet from the ordinary high water mark
of navigable waters that consist of a lake, pond or flowage, except
that, for a navigable water that is a glacial pothole lake, the term
means the area within 1,000 feet from the high water mark of the lake;
the area within 300 feet from the ordinary high water mark of navigable
waters that consist of a river or stream; and a site that is susceptible
to groundwater contamination, or that has the potential to be a direct
conduit for contamination to reach groundwater.
WATERS OF THE STATE
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water and groundwater, natural
or artificial, public or private within the state or its jurisdiction
as defined in § 293.01(20) of the Wisconsin Statutes.
WINTER SPREADING PLAN
Any plan developed and approved by the Brown County Land
Conservation Department and provided to farmers which identifies high-risk
fields that should be completely avoided or restricted from receiving
winter applications of manure.