The Department of Agriculture Needs to Hear from Citizens, Local Officials, and Advocates for Sustainable Agriculture and the Environment about the Abysmal Livestock Siting Law
The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) is holding a series of “listening sessions” on Wisconsin’s Livestock Siting Rule, which DATCP is required by statute to review in 2010. This is an essential opportunity for the public to express concern about how the Siting Law and Rule have paved the way for the rapid expansion of large, industrial livestock facilities in Wisconsin with insufficient oversight or protection of public health and the environment.
Key Talking Points:
DATCP and Wisconsin policymakers must address and analyze the impact of the Livestock Siting Law on local communities.
Although the DATCP listening sessions are about the Siting Rule itself (i.e., the standards that apply when a livestock facility wants to locate or expand), use this opportunity to speak out about the harmful effects of the entire Livestock Siting Program. Specific points include:
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The Siting Law is a giveaway to a for-profit, private industry. Uniform state siting standards may be appropriate for services that benefits the public at large, like transmission lines or wind turbines, but not to advance the profit-making ability of a single industry.
- Uniform state standards fail to adequately take unique, local values into consideration. The hilly terrain of southwestern Wisconsin; the karst regions of northeastern Wisconsin; the high-quality trout waters around the state are special, and a “one size fits all” approach doesn’t make sense.
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The Listening Sessions will be held at the following times and places:
- Dodgeville: Thursday, Feb. 18, from 3pm – 6pm and again 7pm – 9pm, Dodger Bowl, 321 King Street
- Eau Claire: Tuesday, Feb. 23, from 3:30pm to 7pm, Town of Washington Town Hall, 5750 Old Town Hall Road
- Oshkosh: Tuesday, March 2, from 3:30pm to 7pm, Winnebago County UW-Extension, J.P. Coughlin Center, 625 E. County Road Y, Rooms A&B
- Wausau: Wednesday, March 3, from 3:30pm to 7pm, Marathon County UW-Extension, 212 River Drive
DATCP will also accept written comments through March 10, 2010. These should be addressed to Mike Murray
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DATCP should take the following steps to revise the Rule:
The Siting Rule defines a series of “livestock facility siting standards” that local governments may use to issue permits to new or expanding livestock facilities. The standards are weak, not protective of the environment or public welfare, and must be strengthened:
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Remove the “presumption of compliance.” The Siting Rule, as written, states that livestock facilities are presumed to comply with the state standards if they correctly fill out the application. With our water and air quality and public health at stake, large livestock facilities should carry the burden of demonstrating compliance.
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Strengthen the odor standard. Citizens from around the state have noticed that the odor standards in the Siting Rule are virtually meaningless, and would allow a livestock facility to be built practically next door to a private residence. The odor standard needs to be strengthened to protect rural quality of life.
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Raise the cap on application fees. Currently the Siting Rule prevents local units of government from charging more than $1,000 for a siting application, even though a thorough and careful review of application materials can cost tens of thousands of dollars. Cash-strapped communities are put at a disadvantage.
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Create new, rigorous state standards to address water quality; karst topography; and air emissions. These issues of concern are not covered by the Siting Rule, which makes it difficult for local communities to protect the environment and public health.
 Background:
Wisconsin’s Livestock Facility Siting Law was enacted in 2005, and the Department of Agriculture, Trade, and Consumer Protection (DATCP) issued its Livestock Facility Siting Rule in May of 2006. Supported by large factory farms and powerful dairy lobbyists, the Rule drastically limits the ability of local governments to regulate the size and location of new livestock facilities in their communities. Proponents of the Rule cite the need for state-wide uniformity and consistency, but by removing the long-standing right of local governments to control land use decisions the Rule has paved the way for the influx of factory farms we see today. Affected communities are left with scant ability to decide for themselves how local land should be used.
The Livestock Facility Siting Rule does allow for a local government to enact more stringent limitations on the location of livestock facilities if they are needed to protect public health or safety, and are based on reasonable and scientifically defensible findings of fact. To date, no local unit of government has successfully made its case for more stringent siting regulations, and it is unclear exactly what standard will be required for local communities to regain their traditional land-use authority. Midwest Environmental Advocates will continue to work at the village and county level to help citizens regain this power by educating the public on the need for thoughtful land-use decisions and providing technical and legal assistance on local siting ordinances.
For more information:
DATCP’s Livestock Siting webpage
MEA background information on the livestock siting law |
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