Land & Water Conservation

Land & Water Conservation

Overview of Sheboygan County's Animal Waste Storage Ordinance

This permit application is a requirement of Sheboygan County's Animal Waste Management Regulations Ordinance, Chapter 77 - as adopted on August 20, 1996 and as amended by County Board approval August 2001, repealed and recreated on January 18, 2005, as Chapter 77, Animal Waste Management Regulations. The purpose of this Ordinance is to assure the safe handling and spreading of animal waste as well as to regulate the location, design, construction, alteration, operations, and maintenance of all animal feeding operations and livestock waste storage facilities; 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 to promote the prosperity and general welfare of the citizens of Sheboygan County. Except as hereinafter provided, any person who acquires ownership of, leases or constructs, abandons or substantially alters any manure storage facility or animal feeding operation is required to obtain a permit and adhere to the provision of this Chapter of the Code. Construction of substantial alteration of a manure storage facility or an animal feeding operation requires a Construction Permit. Closure of a manure storage facility requires a Closure Permit. Any person who applies livestock waste on land for which a Nutrient Management Plan as part of the permitting process is required shall be subject to the provisions of this Chapter of the Code. The Land and Water Conservation Department shall receive and review all permit applications. The LWCD shall determine if the proposed facility or closure and plans meet required standards set forth in Sections 77.13 and 77.14 of this Ordinance. The applicant shall inform the LWCD no later than two (2) working days prior to digging any soil test pit. Within thirty (30) days after receiving the completed application and fee, the LWCD shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the LWCD shall so notify the applicant. The LWCD has thirty (30) days from the receipt of the additional information in which to approve or disapprove the application. If the LWCD fails to approve or disapprove the permit application in writing within thirty (30) days of the receipt of the permit application or additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued. Every application for a Manure Storage Facility Construction Permit shall include Construction Plans. The Plan standards and specifications for design, setbacks, construction, operation, and maintenance of manure storage facilities are those identified in Standards 313, 634, and 590 USDA-NRCS Technical Guide and Wis. Admin. Code Ch. NR 812. Each application for a Construction Permit for a barnyard or feeding operation under this Chapter of the Code shall include an Animal Feeding Operation Plan, identified in Standards 575, 561, 350, 635, and 558 USDA-NRCS Technical Guide. Any person who seeks to discontinue operating a manure storage facility and any person who abandons the operation of a manure storage facility must obtain a Closure Permit and the facility must be permanently disable and sealed pursuant to the terms of the Closure Permit. The Closure Permit requirements shall include a plan with drawings and descriptions showing how the closure will comply with NRCS Closure of Waste Impoundments Standard 360 (June 2001). Any manure storage facility shall be deemed abandoned when an operation where the facility is located ceases operations or manure has not been added or removed from the facility for a period of twenty-four (24) months. Manure storage facilities shall be closed in a manner that will prevent future contamination of groundwater and surface waters. The owner or operator may retain the facility for a longer period of time by demonstrating to the LWCD that all of the conditions are met. Any questions regarding this permit application process should be directed to the Sheboygan County Land and Water Conservation Department, Administration Bldg. 3rd Floor, Rm. 319, 508 New York Ave. Sheboygan, WI 53081. Phone (920) 459-1370 or toll-free (800) 666-3440 extension 5746.

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