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Farm News: Livestock Siting Issue Open To Comments

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Posted: 02.26.2010

After town officials placed added conditions on a permit request to expand an existing dairy operation, a Rock County dairy farmer is appealing the decision to the Livestock Facility Siting Review Board. Nearby residents and landowners can provide comments to the board as part of the appeal process.
 
Ed Larson, owner and operator of Larson Acres, Inc., located at 18218W Highway 59, Evansville, in the Town of Magnolia, has asked the board to review the application to expand his home dairy farm. The town has granted the permit but with additional conditions that Larson does not believe can be required under the new state statute and rule. Residents and landowners within two miles of the proposed facility can submit comments to the board.
 
This appeal is separate from an existing appeal, now in the Wisconsin Court of Appeals, dealing with an expansion of a heifer facility owned by Larson Acres, Inc.
 
As part of the appeal of the home farm permit, only residents or property owners located within a two-mile radius of the proposed livestock facility may file a 'statement of position' with the review board. Any statements received will be reviewed by the board as part of their decision-making process to uphold or overturn the decision of the local government. A statement of position must pertain to specific issues presented in Larson's appeal request to the board. No new arguments or evidence will be accepted by the review board. Information about the decision record may be obtained from the Town of Magnolia, 13343W County Highway B, Brodhead, Wisconsin.
 
Statements of position must meet the following criteria:
  • Statements must be limited to the issues outlined in the request for review submitted to the board.
  • Statements must be 10 pages or less in length and no less than 12 point font for typed documents.
  • All papers must include the docket number for this appeal which is 10-L-01.
  • Include seven copies in addition to the original statement of position if mailed instead of sent electronically.
 
The statements of position must be postmarked by Friday, April 2, 2010. Statements are preferably sent electronically to DATCPSitingBoard@wisconsin.gov. Mail statements and copies to LFSRB, Attention: Cheryl Daniels – Legal Section, P.O. Box 8911, Madison, WI 53708-8911. For a copy of the appeal request submitted by Ed Larson, contact Cheryl Daniels, (608) 224-5026 or send an e-mail to Cheryl.daniels@wisconsin.gov.
 
The application and appeal process were established under s. 93.90 of the Wisconsin Statues for livestock facility siting. The siting law established the review board as the group to hear appeals should a request for a new or expanded livestock operation be granted or denied by local government.
 
"The law was created to provide predictability and consistency needed to grow our livestock industry in Wisconsin," said Secretary Rod Nilsestuen, Department of Agriculture, Trade and Consumer Protection. "The rule sets standards for growing operations while maintaining our commitment to protecting air and water and reducing conflicts within local communities."
 
Once the review board receives certified documents from the local government, the board has 60 days to make a decision. The review board may extend the deadline for good cause. By law, the board does not hold a new hearing and generally does not hear oral arguments, except those that pertain to their jurisdiction to hear the matter.
 
For more information, contact Cheryl Daniels, (608) 224-5026.  

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