Appeals Court to consider whether local governments have authority to protect water quality from large livestock facilities
For immediate release. Contact our office (608) 661-4313, wal@wisconsinlakes.org
The Wisconsin Association of Lakes filed a motion to submit an amicus brief in a case now before the state Court of Appeals that may determine to what extent local governments can control the siting and operation of Concentrated Animal Feeding Operations (CAFOs) within their jurisdictions.
CAFOs have more than 1000 animal units and are required to get a point source pollution permit under the federal Clean Water Act. Wisconsin's CAFOs make up less than 1% of Wisconsin's farms but produce 10% of the manure. Manure runoff from fields and/or detention ponds can cause short-term and long-term problems for lakes.
The operation of livestock facilities affects water quality, the recreational value of lakes, and the economic value of riparian lands. Polluted runoff from agricultural and other sources is Wisconsin's number one water quality problem, negatively impacting an estimated 90% of Wisconsin's lakes.
Under the current interpretation of livestock siting statutes by the Circuit Court, Wisconsin cities, villages, and towns have the authority to protect public safety, heath, and welfare by using their zoning and police powers. The Wisconsin Association of Lakes is supportive of this ruling.
In the case before the appellate court, the plaintiffs argument would, if accepted by the court, eliminate the power of local governments to adopt and enforce zoning and other police powers to protect their citizens in any matter subject to the Livestock Siting Board’s statutory review jurisdiction.
How does manure runoff effect lakes
Keeping many animals in a limited amount of space concentrates the pollution they generate. The volume of manure produced can exceed the land’s storage capacity. Manure runoff from detention ponds and/or saturated land can have disastrous effects on our groundwater and drinking water supplies, lakes, and rivers.
Immediate consequences of manure spills include fish kills, and an influx of nutrients that can trigger smelly algae blooms. Spreading manure on saturated lake watershed soils leads to reoccurring and long- term negative impacts on our lakes by contributing to chronic phosphorus loading.
Manure pollution undermines the private and public investment property owners and taxpayers are making to keep our lakes clean, safe, and healthy. Property owners bear an undue burden when their lake quality and property values decline because of pollution elsewhere in the watershed.