Wisconsin Right-to-Farm and Livestock Facility Siting

Wis. Stat. 93.90 establishes uniform statewide standards for siting and expansion of livestock facilities with 500+ animal units, preempting inconsistent local ordinances. Cities and counties may require permits but must use state criteria adopted under ATCP 51, including odor, runoff, waste, and setback standards. Wis. Stat. 823.08 provides nuisance protection for established agricultural operations. Smaller backyard chicken keeping remains primarily local, but the state preempts municipalities from adopting livestock siting standards stricter than ATCP 51 without DATCP approval. Farmland preservation zoning under ch. 91 also limits restrictions in agricultural districts.

Local ordinances inconsistent with ATCP 51 are unenforceable. Operators denied permits inconsistent with state law may appeal to the Livestock Facility Siting Review Board.