§ 13.02. MANURE STORAGE AND NUTRIENT UTILIZATION. (Rep. & recr. #794)
(A)
INTRODUCTION.
(1)
Authority. This section is adopted under authority granted by §§ 59.70(1) and 92.16 of the Wis. Stats.
(2)
Title. This section shall be known as, referred to and may be cited as the Dodge County Manure Storage and Nutrient Utilization Ordinance and is hereinafter referred to as the ordinance.
(3)
Findings and Declaration. The Dodge County Board of Supervisors finds that storage of manure in storage facilities not meeting technical design and construction standards may cause pollution of the surface and groundwaters of Dodge County, and may result in actual or potential harm to the health of county residents and transients, to livestock, aquatic life and other animals and plants, and to the property tax base of Dodge County. The Dodge County Board of Supervisors also finds that improper management of Manure Storage Facilities, including improper land application of stored manure may cause pollution of the ground and surface waters of Dodge County. The Dodge County Board of Supervisors also finds that manure storage facilities left improperly closed over time may cause pollution of surface and ground waters, and may cause unsafe conditions to county residents and transients if not closed using appropriate technical standards and specifications. The Dodge County Board of Supervisors further finds that the technical standards developed by the U.S.D.A. Natural Resources Conservation Service and adopted by the Dodge County Land Conservation Committee provide effective, practical and environmentally safe methods of storing and managing manure.
(4)
Purpose. The purpose of this section is to regulate the location, design, construction, alteration, closure and use of all manure storage facilities; the transfer of manure into storage facilities, and the proper utilization of manure from storage facilities covered by this section; in order to prevent water pollution, and thereby 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 Dodge County. It is also intended to provide for the administration and enforcement of the ordinance and to provide penalties for its violation.
(5)
Applicability. This section applies to all the unincorporated areas of Dodge County. Facilities constructed prior to adoption of this section shall be exempt, except as indicated in subsection (C)(3) of this section.
(6)
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of Dodge County, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
(7)
Severability Clause. If any section, provision or portion of this section is ruled invalid by a court, the remainder shall not for that reason be rendered ineffective.
(B)
DEFINITIONS.
Applicant. Any person who applies for a permit under this section.
Certificate of Use. The written authorization issued by the Dodge County Land Conservation Department that allows a permittee to begin using, and continue using, a new or substantially altered manure storage facility. A Certificate of Use issued under this section remains in effect for as long as a manure storage facility is being used and operated, unless revoked due to noncompliance with the Certificate of Use conditions.
DATCP. The Wisconsin Department of Agriculture, Trade and Consumer Protection.
Emergency Response Plan. A written plan that identifies action steps to be taken, including names and phone numbers of key persons or organizations to contact, in the event of a manure spill, discharge or other runoff event.
Land Conservation Committee. The committee made up of Dodge County Board members and others which, by authority of Ch. 92, Wis. Stats., guide soil and water conservation activities of the Dodge County Land Conservation Department.
Land Conservation Department or LCD. The department of Dodge County government which is responsible for administering and enforcing this section.
Livestock. Domestic animals, such as cattle, horses, sheep, hogs, poultry, etc.
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.
Manure Assessment Plan. A written plan, prepared by a person qualified under ATCP 50.48 to prepare nutrient management plans, which evaluates and determines if the amount and type of manure that will be produced on the permit applicant's farm can be properly and safely applied to available cropland so as to not cause surface water and/or ground water pollution.
Manure Storage Facility. One or more manure storage structures. Manure storage facility includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. A manure storage facility does not include equipment used to apply manure to land.
Manure Storage Structure. A manure storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure to contain manure and other animal or agricultural wastes. A manure storage structure does not include equipment used to apply manure to land.
Manure Storage Facility Closure. The removal and proper disposal of accumulated manure and proper abandonment of a manure storage facility in accordance with Technical Standard 360.
NRCS. The Natural Resources Conservation Service, an agency of the United States Department of Agriculture.
Nutrient Management Plan. A written plan detailing the amount, form, placement and timing of application of plant nutrients, including manure to optimize crop uptake of available nutrients and to minimize the movement of nutrients to surface and groundwater.
Nutrients. Plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes or other sources.
Permit. The signed, written statement issued by the Dodge County Land Conservation Department under this section authorizing the applicant to construct a new manure storage facility, substantially alter an existing manure storage facility, or close an idled or abandoned manure storage facility.
Permittee. Any person to whom a permit is issued under this section.
Person. Any individual, corporation, partnership, cooperative association, joint venture, trust, limited liability corporation, agency, unincorporated association, municipal corporation, county or state agency within Wisconsin, the federal government, or other legal organization or entity, or any combination thereof that owns, rents, leases, or has other interest in land being regulated under this section.
Substantially Alters. A change initiated by an owner or operator that results in a relocation of an existing manure storage facility or significant changes to the size, depth, or configuration of a manure storage facility including, but not limited to:
(a)
Replacement of a manure storage facility liner.
(b)
Removal, relocation, and replacement of the nature and size of the retaining walls of the manure storage facility.
(c)
An increase in the volumetric capacity or area of a manure storage facility by greater than 10%.
(d)
A change in a structure or facility related to a change in livestock management from one species of livestock to another such as cattle to poultry.
Technical Guide. The current Wisconsin version of the United States Department of Agriculture (USDA) Natural Resources Conservation Service Technical Guide as adopted by the Dodge County Land Conservation Committee. The Technical Guide can be accessed through the USDA-NRCS website.
Technical Standard. A numbered section in the Technical Guide.
Water pollution. Contaminating or rendering unclean or impure the ground or surface waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
Working Day. A calendar day, except Saturdays, Sundays and County, State and Federal recognized legal holidays.
(C)
ACTIVITIES SUBJECT TO REGULATION.
(1)
General Requirement. Any person who constructs a new manure storage facility or substantially alters an existing manure storage facility, including the installation of any manure storage facility associated with a solid/liquid waste separation system and/or a waste treatment system; possesses an idle manure storage facility or closes a manure storage facility; and removes and land applies manure stored in a manure storage facility or any portion of a manure storage facility that was constructed after the effective date of this section; or who employs another person to do the same on land subject to this section shall be subject to the provisions of this section.
(2)
Manure Storage Facility Closure. A manure storage facility must be closed if manure has not been added to the facility for a period of 24 months. The closure must comply with the requirements of Technical Standard 360. The Land Conservation Department may exempt a manure storage facility from the closure requirement if the owner or operator can produce engineering designs or construction data to prove that the facility meets current Technical Standards, appropriate safety devices are installed, the owner has demonstrated an anticipated future use for the facility, and the owner agrees that all waste and waste-saturated soils will be removed from the facility within 36 months following the last date on which any manure was added to the facility.
(3)
Compliance. A person is in compliance with this section if he or she follows the procedures of this section, receives a permit from the Dodge County Land Conservation Department before beginning activities subject to regulation under this section, complies with the requirements of the permit, receives a Certificate of Use prior to operating or using a new or substantially altered manure storage facility permitted under this section, and complies with the requirements of the Certificate of Use. For those manure storage facilities being designed, constructed, or substantially altered under a permit issued under the Dodge County Animal Waste Storage and Nutrient Utilization Ordinance as adopted on May 20, 1997, construction may proceed to completion without needing a new permit under this section. If construction is not substantially completed within the 2-year time frame allowed under an existing permit, a new permit will be required to comply with the provisions of this section to continue construction.
(D)
STANDARDS.
(1)
Dodge County adopts the conservation practice technical standards promulgated by the United States Department of Agriculture, Natural Resources Conservation Service, Wisconsin Field Office Technical Guide and by the Wisconsin Department of Natural Resources. Technical standards and specifications for design, construction and management of manure storage facilities are those in Technical Standard 313 (Waste Storage Facility), Technical Standard 634 (Manure Transfer), Technical Standard 632 (Solid/Liquid Waste Separation Facility), Technical Standard 629 (Waste Treatment), and Technical Standard 382 (Fence) of the Technical Guide. Technical standards and specifications for design and construction for closure of manure storage facilities are those in Technical Standard 360 (Closure of Waste Impoundments) of the Technical Guide. Technical standards and specifications for the preparation and implementation of Nutrient Management Plans are those in Technical Standard 590 (Nutrient Management) of the Technical Guide. Construction specifications referenced within the above listed standards shall also be adhered to.
(2)
Future amendments to Standards 313, 360, 382, 590, 629, 632 and 634 of the Technical Guide are incorporated by reference as if fully set forth herein and made part of this section, unless otherwise acted upon by the Dodge County Board of Supervisors.
(3)
Variances. Variances from these standards can only be granted through an appeal by the applicant in accordance with Section (H) of this section unless otherwise acted upon by the Land Conservation Committee.
(4)
Human wastewater shall not be discharged into manure storage facilities.
(E)
APPLICATION FOR AND ISSUANCE OF PERMITS.
(1)
Permit Required. Except as hereinafter provided, no person shall undertake an activity subject to this section without first obtaining a Manure Storage Facility Permit, a Certificate of Use, or a Manure Storage Facility Closure Permit from the Dodge County Land Conservation Department. The requirement of this section shall be in addition to any other ordinance or administrative rule regulating manure storage or applicable technical standards. In the case of conflict, the most restrictive provision shall apply.
(2)
Exception to Permit Requirements. Emergency repairs for broken pipes or equipment, leaking dikes or removal of obstructions may be performed without a Manure Storage Facility Permit. Emergency repairs shall not result in increased capacity to the manure storage facility. If repairs will significantly alter the original design and construction of the storage facility, a report shall be made to the Land Conservation Department for determination as to whether a permit will be required for any additional alteration or repair to the facility. The responsible person shall contact the Dodge County Land Conservation Department within 3 days of the start of any emergency repairs for a determination by the department on whether a permit will be required for any additional alteration or repair to the facility.
(3)
Fees. Two separate fees may be necessary. All applicants shall be required to pay a nonrefundable fee at the time of permit application. An additional fee will be required if the applicant uses the technical services of staff from the Land Conservation Department for the purposes of preparing detailed construction plans and construction inspection. The amount of these fees shall initially be set at $200.00 for the nonrefundable fee and $500.00 for the technical services fee. These fees will be evaluated and be established on an annual basis by the Land Conservation Committee at the January meeting of the Land Conservation Committee commencing with the January Land Conservation Committee meeting following the first full calendar year after enactment of this section. The technical services fee will be assessed at the time that the Land Conservation Department staff completes a topographic survey of the project site for preparing detailed construction plans, and will be refunded to the applicant only upon completion of project construction and certification. If available, technical services of staff from the Land Conservation Department will be on a first come, first served basis. The fees specified above are doubled if any excavation, construction, or any other activity that requires a permit under this section is started before the permit is issued, and other penalties may be imposed for any excavation, construction, or other activity that takes place in violation of any provision of this section. There is no fee for a permit to close a manure storage facility.
(4)
Permit Application. An application for a Manure Storage Facility Permit and/or a Manure Storage Facility Closure Permit shall be filed with the Land Conservation Department on forms supplied by the Land Conservation Department. A copy of the approved permit application(s) shall be mailed to the appropriate Town Board by the Land Conservation Department. In addition the Land Conservation Department may mail a copy of the approved permit to other agencies or units of government that may have jurisdiction over the proposed activity.
Each application for a permit under this section to construct a new manure storage facility, or to substantially alter an existing manure storage facility, or to close a manure storage facility shall include a Manure Storage Facility Construction Plan and/or a Manure Storage Facility Closure Plan.
a.
All Manure Storage Facility Construction Plans shall include the following:
1.
A complete set of detailed construction plans, including, but not limited to, facility dimensions, cross-section views, profile views, storage pit liners, concrete thickness of floors and/or walls, steel reinforcement plans, water stops and expansion joints, material specifications, and fencing. A Manure Storage Facility Construction Plan must be certified as meeting all applicable technical standards as specified in subsection (D)(1) by an agricultural or civil engineer registered in the state of Wisconsin, or by a DATCP, NRCS, or LCD engineering practitioner. This certification may be obtained by hiring a registered professional engineer, or if available, obtaining the services of staff from the Dodge County Land Conservation Department. Services from Land Conservation Department staff will be on a first come, first served basis.
2.
The number and kinds of animals for which storage is to be provided.
3.
Planned duration of storage, expressed in days and/or months, and volume of storage, expressed in cubic feet or gallons.
4.
A manure assessment plan that demonstrates that suitable area is available for safe land application and reasonable crop uptake of land applied manure.
5.
A plan map showing location of the facility with regard to buildings, roads and homes within 300 feet of the proposed facility. The map shall be drawn to scale no smaller than one inch equals 100 feet. The plan map shall include a north arrow.
6.
The location of any wells within 300 feet of the facility.
7.
The location and elevation of all soil tests pits investigated in accordance with Technical Standard 313.
8.
The elevation of seasonably high groundwater or bedrock if encountered in the soil profile and the date of any such determinations.
9.
Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater. The location of and distance to any navigable body of water within 300 feet of the proposed facility must be shown.
10.
A description of how manure will be removed from the facility.
11.
A proposed time schedule for construction of the facility.
12.
A construction site erosion control and stormwater management plan in compliance with Wisconsin Department of Natural Resources regulations under § 281.33 Wis. Stats., pertaining to construction site erosion control and stormwater management regulations, if the disturbed land area will exceed one acre in surface area.
13.
An emergency response plan that outlines the actions to be taken immediately in the event of a direct discharge of manure either from a manure storage facility, from land application activities, or while transporting manure to cropland or other destinations.
14.
Any other additional information required by the Dodge County Land Conservation Department to determine compliance with this section.
b.
Each application for a permit to close a manure storage facility shall include a Manure Storage Facility Closure Plan that is certified as meeting all applicable technical standards as specified in subsection (D)(1) by an agricultural or civil engineer registered in the state of Wisconsin, or by a DATCP, NRCS or LCD engineering practitioner. This certification may be obtained by hiring a registered professional engineer, or if available, obtaining the services of staff from the Dodge County Land Conservation Department. Services from Land Conservation Department staff will be on a first come, first served basis.
c.
As a condition of receiving a permit to construct a new manure storage facility or to substantially alter an existing manure storage facility, a permit applicant must develop a nutrient management plan that complies with Technical Standard 590. The nutrient management plan, along with the completed nutrient management plan check list, must be submitted to the Land Conservation Department within one year of the date of issuance of the manure storage facility Certificate of Use. The nutrient management plan, along with the nutrient management plan check list, must be updated and implemented annually for as long as the permitted manure storage facility continues to be used for storing manure. The permittee shall retain all updated plans, plan check lists, and appropriate implementation records for the 4 previous years and shall produce these records at the request of the Land Conservation Department. All nutrient management plans shall at a minimum:
1.
Be prepared by a nutrient management planner qualified under ATCP 50.48, and comply with the Technical Standard 590.
2.
Identify every field where nutrients, including manure, will be mechanically applied.
3.
Be based on field soil samples taken in accordance with Technical Standard 590, and with soil nutrient tests conducted at a laboratory certified under ATCP 50.50.
4.
Follow recommendations for nutrient applications in the University of Wisconsin-Extension Soil Test Recommendations for Field, Vegetable, and Fruit Crops, UWEX publication A-2809 (1998), unless the nutrient management planner can show that circumstances justify more than the recommended application.
(5)
Review of Application. The Dodge County Land Conservation Department shall receive and review all permit applications including Manure Storage Facility Construction Plans and Manure Storage Facility Closure Plans, and shall determine if the permit application complies with ordinance requirements. In making this determination, the department may require a site inspection and/or may consult with an outside agency. Prior to issuance of a permit, the NRCS or DATCP Engineer or designee, a registered professional engineer, or a Land Conservation Department staff person having the appropriate engineering certification, shall verify that plans meet the applicable standards. Within 30 days after receiving the completed application and fee, the Dodge County Land Conservation Department shall inform the applicant in writing whether the permit application is approved, disapproved or if more information is needed. If additional information is required, the Dodge County Land Conservation Department shall so notify the permit applicant. The Dodge County Land Conservation Department has 30 days from the receipt of the additional information in which to approve or disapprove the application. If, in addition to the applicant's information, the department requires comment from an outside agency, the department has 15 days from receipt of the comments from the referral agency in which to approve or disapprove the application. If the Land Conservation Department fails to approve or disapprove the permit application in writing within 30 days of the receipt of the permit application, within 30 days of receipt of additional applicant information, or within 15 days of receipt of referral agency comments, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued.
(6)
Permit Conditions. All permits issued under this section shall be issued subject to the following conditions and requirements:
(a)
Manure storage facility construction and alteration work shall be carried out in accordance with the Manure Storage Facility Construction Plan and applicable standards specified in subsection (D)(1) of this section.
(b)
Closure of a Manure Storage Facility shall be carried out in accordance with the Manure Storage Facility Closure Plan and applicable standards specified in subsection (D)(1) of this section.
(c)
Any person applying for a permit under this section must develop a Nutrient Management Plan that complies with the requirements of Technical Standard 590 and submit a management plan and plan checklist for review and approval by the Land Conservation Department within one year of the issuance of the Certificate of Use. This nutrient management plan and plan checklist must be updated and implemented annually for as long as the permitted manure storage facility continues to be used for storing manure.
(d)
The permittee certifies in writing that all other Local, City, County State or Federally required permits shall be obtained from the appropriate authorities. The department may require proof of any permit known to be needed prior to issuing a Manure Storage Facility Permit or a Manure Storage Facility Closure Permit.
(e)
Any modification to an approved Manure Storage Facility Construction Plan or Manure Storage Facility Closure Plan shall be reviewed and approved, or denied in writing by the Dodge County Land Conservation Department within 15 working days of the request by the permittee for approval of the proposed modification. Written approval by the Department shall occur only after the NRCS Area Engineer or designee, registered professional engineer or Land Conservation Department staff person having the appropriate engineering certification has reviewed and approved the proposed modifications.
(f)
The permittee shall give no less than 3 working days notice to the Dodge County Land Conservation Department before starting any construction activity authorized by the permit.
(g)
Any construction activities authorized by permit shall be completed within 2 years from the date of issuance after which time the permit shall expire.
(h)
The permittee and, if applicable, the contractor and/or project engineer shall certify in writing that a manure storage facility was installed, substantially altered, or closed as planned. A copy of the signed certification sheet shall be given to the Land Conservation Department within 30 days of completion of installation. Land Conservation Department personnel may conduct site inspection during and following construction to determine that a manure storage facility was installed or closed as planned and designed. Any approved changes made to the manure storage facility construction plans or manure storage facility closure plans shall be specified in the certification sheet and approved by the Land Conservation Department.
(7)
Permit Revocation. The Dodge County Land Conservation Department may revoke any permit issued under this section if the holder of the permit has misrepresented any information in the Manure Storage Facility Construction Plan or Manure Storage Facility Closure Plan, or if the holder of the permit violates any of the conditions of the permit. A warning letter shall be sent to the permittee about the potential for permit revocation prior to actually revoking the permit.
(8)
Certificate of Use.
(a)
No person may operate or use a manure storage facility or any portion of a Manure Storage Facility that was constructed after the effective date of this section unless the person has been issued a valid Certificate of Use for the Manure Storage Facility or portion of the Manure Storage Facility that is being operated or used. The Dodge County Land Conservation Department will issue a Certificate of Use upon receipt of the written certification required by subsection (E)(6)(h).
(b)
Certificate of Use Conditions. All Certificates of Use under this section shall be considered valid subject to the following conditions and requirements:
1.
A nutrient management plan that complies with the requirements of Technical Standard 590 must be annually prepared and followed, and be provided to the Land Conservation Department upon request. Annual updated plans and plan checklists, and appropriate implementation records for the four previous years shall be retained and produced at the request of the Land Conservation Department.
2.
Manure Storage Facilities constructed or substantially altered under a permit issued after the effective date of this section must be operated and maintained in compliance with the requirements of the technical standards and specifications in subsection D.
(c)
Certificate of Use Revocation. The Dodge County Land Conservation Department may revoke any Certificate of Use issued under this section if the holder of the permit has misrepresented any information in the Manure Storage Facility Construction Plan, has failed to comply with the nutrient management plan requirement, has failed to provide the Dodge County Land Conservation Department with a copy of the nutrient management plan and plan checklist upon request, has failed to operate and maintain Manure Storage Facilities in compliance with applicable technical standards in Section D, or for multiple or repeat violations of this section. The Land Conservation Department will immediately provide written notice of the revocation and the reason for the revocation.
F.
ADMINISTRATION.
(1)
Delegation of Authority. Dodge County hereby designates the Dodge County Land Conservation Department to administer and enforce this section.
(2)
Administrative Duties. In the administration and enforcement of this section, the Dodge County Land Conservation Department shall:
(a)
Keep an accurate record of all permit applications, Manure Storage Facility Construction Plans, Manure Storage Facility Closure Plans, Nutrient Management Plans, permits issued, permits revoked, Certificates of Use issued and revoked, inspections made and other official actions permitted by law.
(b)
Review permit applications and issue permits in accordance with subsection (E) of this section.
(c)
Periodically inspect manure storage facility construction and manure storage facility closure construction to insure that all construction and closure activities are being performed according to plan specifications.
(d)
Annually obtain written certification from permittees that they have updated and are following their nutrient management plans.
(e)
Periodically obtain and review copies of annually updated nutrient management plans and nutrient management plan check lists.
(f)
Investigate complaints relating to compliance with this section.
(g)
Perform other duties as specified in this section.
(3)
Inspection Authority. The Dodge County Land Conservation Department is authorized by § 92.07(14), Wis. Stats., to enter upon any lands affected by this section to inspect the site prior to and after permit issuance to determine compliance with this section. If permission cannot be received from the applicant or permittee, entry shall be according to § 66.0119, Wis. Stats. (as amended). Refusal to grant permission to enter lands affected by this section for purposes of inspection may be grounds for denial of the permit or Certificate of Use or revocation thereof.
(4)
Enforcement Authority. The Dodge County Land Conservation Department is authorized to issue an order stopping work upon land which has had a permit or certificate of use revoked or on any land which the Land Conservation Department has reason to believe is currently undergoing activity in violation of this section. Notice is given by mailing the stop work order by certified mail to the person whose activity is in violation of this section. The order shall specify that the activity must cease or be brought into compliance within a specified time period.
Any permit revocation, certificate of use revocation or order stopping work shall remain in effect until retracted by the Dodge County Land Conservation Department, or by a court of general jurisdiction. The Dodge County Land Conservation Department is authorized to refer any violation of this section or of an order stopping work issued pursuant to this section to the Dodge County Corporation Counsel for commencement of further legal proceedings.
(G)
VIOLATIONS.
(1)
Penalties. Any person who violates, or fails, neglects or refuses to comply with any of the provisions of the ordinance shall upon conviction thereof, forfeit not less than $10.00 nor more than $200.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, for a period not to exceed 6 months. Each day a violation exists or continues to exist shall constitute a separate offense. An unlawful violation includes failure to comply with any standard of this section or with any condition or qualification attached to the permit, or any failure to comply with notice of a permit revocation, Certificate of Use revocation or stop work order.
(2)
Enforcement by Injunction. As a substitute for, or an addition to forfeiture actions, Dodge County may seek enforcement of any part of this section by court actions seeking injunctions or restraining orders.
(H)
APPEALS.
(1)
Authority. Under the authority of Ch. 68, Wis. Stats., the Dodge County Land Conservation Committee, created under § 92.06, Wis. Stats., and acting as an appeal authority under § 68.09(2) Wis. Stats., is authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination by the Dodge County Land Conservation Department in administering this section.
(2)
Procedure. Any appeal shall be made by written request mailed or delivered to the Dodge County Land Conservation Department. The request shall state the grounds upon which it is contended that the order, requirement decision or determination should be modified or reversed, and/or the grounds upon which a variance is sought. The request shall be filed within 30 days of receiving the order, requirement, decision or determination. A hearing shall be scheduled by the Dodge County Land Conservation Committee within 30 days of the filing of the appeal. The hearing shall be conducted in accordance with Ch. 68, Wis. Stats. A copy of the hearing notice shall be sent to the applicant and the appropriate Town Board.
The final decision on an appeal shall be made within 20 days of completion of the hearing and shall be in the form of a written determination signed by the Chairperson or Secretary of the Committee. The determination shall state the specific facts, which are the basis for the Committee's decision and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, deny the appeal for lack of justification or grant or deny the application for a variance. The reasons or justifications for granting an appeal which were demonstrated by the applicant in the case of a variance, shall be clearly stated in the recorded minutes of the Committee meeting. If a final decision on an appeal is not made within 20 days, the appeal shall be deemed approved and the applicant may proceed with activities which were requested in the appeal.
(3)
Who May Appeal. Appeals may be taken by any person having a substantial interest which is adversely affected by the order, requirement, decision or determination made by the Dodge County Land Conservation Department.
(4)
Variances. The Land Conservation Committee may upon appeal authorize a variance from the requirements of this section when, upon showing by the applicant, unnecessary hardship would result from a literal enforcement of this section. The granting of a variance for unnecessary hardship shall:
a.
Be consistent with the spirit and purpose of this chapter as stated in subsection (A)(3) and (A)(4).
b.
Not permit an activity or practice that may fail structurally or otherwise and cause significant water pollution or other off-site impacts.
c.
Be due to unique circumstances and not to the general conditions of the area.
d.
Not be granted for a self-created hardship.
e.
Not be granted unless it is shown that the variance will not be contrary to the public interest and will not be damaging to the right of other persons.
f.
Not be granted solely on the basis of economic gain or loss.
g.
Not be granted solely on the fact that certain conditions existed prior to the effective date of the ordinance.
The Land Conservation Committee may authorize a variance from the requirements of this section contingent on the applicant receiving a variance from the technical standards through the Natural Resource Conservation Service or other qualified engineering authority. If public funds are involved, this may be a program requirement.