Addressing Wisconsin’s New Livestock Facility Siting Law

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.