Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 102.
Sewer use — See Ch. 237.
Water — See Ch. 273.
Agricultural shoreland management — See Ch. 288.
Shoreland zoning — See Ch. 293.
[Adopted 7-21-2009 by Ord. No. 04-2009 as § 10.3 of the 2000 Code]
This article is adopted under authority granted under §§ 59.70(1), 92.15 and 92.16 of the Wisconsin Statutes. The title of this article is "Village of Hobart Animal Waste Management Ordinance" and it regulates design, construction, abandonment and maintenance of animal waste storage facilities, animal feedlots, and nutrient management.
A. 
The Village of Hobart Board finds this article is designed to protect and promote our agricultural industry and also to promote and enhance the aesthetic conditions and general welfare of the people within the Village of Hobart.
B. 
The County of Brown permits operation of properly conducted agricultural operations within the county. If the property you are purchasing or own is located near agricultural lands of operation or included within an area zoned for agricultural purposes, you may be subject to outcomes arising from such operations. Such outcomes may include, but are not limited to, noises, odors, lights, fumes, dust, smoke, insects, arising from the use of chemicals, operation of machinery (including aircraft) during a twenty-four-hour period, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. One or more of the outcomes described may occur as a result of any agricultural operation, which is in conformance with existing laws and regulations and accepted customers and standards. If you live near an agricultural area, you should be prepared to accept such outcomes as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. The Village of Hobart has enlisted the Brown County Land Conservation Department to assist in the resolution of any animal waste management disputes which might arise between residents of the county regarding agricultural operations.
The purpose of this article is to regulate the location, construction, installation, alteration, design and use of animal waste storage facilities and animal feedlots so as to 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 the Village of Hobart. It is also intended to provide for the administration and enforcement of this article and to provide penalties for its violation. It is also intended to protect the groundwater and surface water resources of the Village of Hobart.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the Village of Hobart, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
This article applies only to the areas in the Village of Hobart. Abandonment requirements apply to all animal waste storage facilities regardless of the date of construction. Nutrient Management Plan (590) provisions shall apply to all animal waste storage facilities issued a permit under this article regardless of the date of construction. Animal feedlot requirements shall apply only to sites that exceed the prohibitions in § 185-14 of this article or the standards in Section 10.04(1)(b), Brown County Code; or receive a notice of discharge under Ch. 283 Wis. Statutes; or existing sites that exceed 500 animal units; or new animal feedlots that exceed 40 animal units.
Definitions herein are to conform to the provisions set forth in the Wisconsin Administrative Code and Village of Hobart Code.
ABANDONMENT
A livestock waste storage facility is no longer being used for its intended purpose, and is no longer receiving animal wastes, has not received any animal wastes for a period of two years and, based on available evidence, will not receive animal wastes from an active livestock operation within the next six months.
ANIMAL FEEDLOT
Land or building or combination of land and buildings intended for the confined feeding, breeding, raising, or holding of animals, specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open land used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts. New animal feedlots are those that are established after the effective date of this article.
ANIMAL UNIT
A unit of measure used to determine the total number of single animal types or combination of animal types, as specified in Ch. NR 243, Wis. Adm. Code, which are fed, confined, maintained, or stabled in an animal feeding operation.
ANIMAL WASTE
Livestock excreta and other materials such as bedding, rain or other water, soil, hair, feathers and other debris normally included in animal waste handling operations.
ANIMAL WASTE STORAGE FACILITY
Concrete, steel or otherwise fabricated structure and earthen animal waste storage facility used for temporary storage of animal waste or other organic waste.
APPLICANT
Any person who applies for a permit under this article.
EARTHEN ANIMAL WASTE STORAGE FACILITY
A facility constructed of earth dikes, pits or ponds used for temporary storage of animal waste.
KARST FEATURE
An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND CONSERVATION COMMITTEE
An operating committee of the Brown County Board of Supervisors.
LAND CONSERVATION DEPARTMENT
The enforcing authority of this article.
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.
NUTRIENT MANAGEMENT PLAN (590)
A plan that balances the nutrient needs of a crop with the nutrients available from legume crops, manure, fertilizer or other sources. Management includes the rate, method, and timing of the application of all sources of nutrients to minimize the amount of nutrients entering surface and groundwater. The requirements for a nutrient management plan are as established in § ATCP 50.04(3).
PASTURE
Land with a permanent, uniform cover of grasses or legumes used as forage for livestock. Pastures do not include areas where supplemental forage feeding is provided on a regular basis.
PERMIT
The signed, written statement issued by the Brown County Land Conservation Department under this article authorizing the applicant to construct, install, reconstruct, enlarge or substantially alter an animal waste storage facility or animal feedlot.
PERMITTEE
Any person to whom a permit is issued under this article.
PERSON
Any individual, corporation, limited liability company, trust, partnership, joint venture, agency, unincorporated association, municipal corporation, county, or state agency within Wisconsin, the federal government, or any other legally recognized entity, or any combination thereof.
SITE THAT IS SUSCEPTIBLE TO GROUNDWATER CONTAMINATION
Under § 281.16(1)(g), Wis. Stats., means any one of the following:
A. 
An area within 250 feet of a private well.
B. 
An area within 1,000 feet of a municipal well.
C. 
An area within 300 feet upslope or 100 feet downslope of karst features.
D. 
A channel with a cross-sectional area equal to or greater than three square feet that flows to a karst feature.
E. 
An area where the soil depth to groundwater or bedrock is less than two feet.
F. 
An area where the soil does not exhibit one of the following soil characteristics:
(1) 
At least a two-foot soil layer with 40% fines or greater above groundwater or bedrock.
(2) 
At least a three-foot soil layer with 20% fines or greater above groundwater or bedrock.
(3) 
At least a five-foot soil layer with 10% fines or greater above groundwater or bedrock.
TECHNICAL GUIDE
The United States Department of Agriculture (USDA) Natural Resources Conservation Service Field Office Technical Guide that is currently in effect, and as amended from time to time.
UNCONFINED MANURE PILE
A quantity of manure, at least 175 cubic feet in volume, that covers the ground surface to a depth of at least two inches and is not confined within a manure storage facility, livestock housing facility or barnyard runoff control facility.
WATER QUALITY MANAGEMENT AREAS
The area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, the term means the area within 1,000 feet from the high water mark of the lake; the area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream; and a site that is susceptible to groundwater contamination, or that has the potential to be a direct conduit for contamination to reach groundwater.
WATERS OF THE STATE
Those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water and groundwater, natural or artificial, public or private within the state or its jurisdiction as defined in § 293.01(20) of the Wisconsin Statutes.
WINTER SPREADING PLAN
Any plan developed and approved by the Brown County Land Conservation Department and provided to farmers which identifies high-risk fields that should be completely avoided or restricted from receiving winter applications of manure.
A. 
Delegation of authority. the Village of Hobart hereby designates the Brown County Land Conservation Department to administer and enforce this article.
B. 
Administrative duties. In the administration and enforcement of this article, the County Land Conservation Department shall:
(1) 
Keep an accurate record of all permit applications, animal waste facility plans, animal feedlot plans, animal waste storage facility abandonment plans, permits issued, inspections made, and other official actions.
(2) 
Review permit applications and issue permits in accordance with § 185-13 of this article.
(3) 
Inspect animal waste facility and animal feedlot construction and animal waste facility abandonment to insure the facility is being constructed according to plan specifications.
(4) 
Investigate complaints relating to compliance with this article.
(5) 
Monitor the adequacy of manure storage systems, including compliance with nutrient management plans.
(6) 
Perform other duties as specified in this article.
C. 
Inspection authority. The Brown County Land Conservation Department is authorized to enter upon any lands affected by this article to inspect the land prior to or after permit issuance to determine compliance with this article. If permission cannot be received from the applicant or permittee, entry by the Brown County Land Conservation Department shall be according to § 66.0119, Wisconsin Statutes.
A. 
Permit required.
(1) 
No animal waste storage facility or parts thereof may be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or its use changed, including abandonment, without an animal waste management permit as provided in this article, and without compliance with the provisions of this article, and without compliance with Natural Resources Conservation Service Technical Guide as adopted as part of this article.
(2) 
Animal feedlots that exceed the prohibitions in § 185-14 of this article, or exceed the standards in Section 10.04(1)(b) of the Brown County Code, or receive a notice of discharge under Ch. 283, Wis. Statutes, or exceed 500 animal units shall obtain an animal waste management permit as provided in this article.
(3) 
The requirements of this article shall be in addition to any other ordinance regulating animal waste management, such as Chapter 22, Brown County Code; Chapter 293, Shoreland Zoning, of the Village of Hobart Code; Chapter 288, Agricultural Shoreland Management, of the Village's Code. In the case of conflict, the most stringent provisions shall apply.
(4) 
No person may apply animal waste between December 1 and March 31 without first obtaining a winter spreading permit as provided in this article. The winter spreading permit shall be issued after the completion of the winter spreading plan as described in this article.
(5) 
No unconfined manure pile shall be utilized without a temporary unconfined manure stacking permit as provide in this article, and without compliance with the provisions of this article, and without compliance with Natural Resources Conservation Service Technical Guide as adopted as part of this article.
B. 
Emergency repairs. Emergency repairs such as repairing a broken pipe or equipment, leaking dikes or the removal of stoppages may be performed without an animal waste storage facility permit. Such work will be reported to the Land Conservation Department as soon as possible for a determination as to whether an animal waste storage facility permit will be required for an additional alteration or repair to the facility. The County Land Conservation Department shall consult with the Land Conservation Committee prior to making this determination.
C. 
Fee. Fees will be based upon hourly costs of conservation components required as part of permit.
D. 
Animal waste storage facility plan requirements. Each application for a permit under this section shall include an animal waste storage facility plan. The plan shall specify:
(1) 
The number and kinds of animals for which storage is provided.
(2) 
A sketch of the facility and its location in relation to buildings within 250 feet and homes within 500 feet of the proposed facility. The sketch shall be drawn to scale, with a scale no smaller than one inch equals 100 feet.
(3) 
The structural details, including dimensions, cross sections, and concrete thickness.
(4) 
The location of any wells within 300 feet of the facility.
(5) 
The soil test pit locations and soil descriptions to a depth of at least three feet below the planned bottom of the facility.
(6) 
The elevation of groundwater or bedrock if encountered in the soil profile and the date of any such determinations.
(7) 
Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater such as exposed bedrock or sinkholes. If a navigable body of water lies within 500 feet of the facility, the location and distance to the body of water shall be shown.
(8) 
The scale of the drawing and the North arrow.
(9) 
A time schedule for construction of the facility.
(10) 
A description of the method in transferring animal waste into the facility.
(11) 
A recoverable bench mark(s) including elevation(s) expressed in feet and hundredths.
(12) 
A preliminary Nutrient Management Plan, verifying the ability of the permittee to comply with Standard 590. A Nutrient Management Plan checklist will be completed by the county for this purpose.
E. 
Animal feedlot plan requirements. Each application for a permit under this section shall include an animal feedlot facility plan. The plan shall specify:
(1) 
A plan map showing location of the facility, including buildings, homes, and wells within 300 feet of the proposed site. The sketch shall be drawn to scale, with a scale no smaller than one inch equals 100 feet.
(2) 
The location of any wells within 300 feet of the facility.
(3) 
The location of all soil test pits, including a detailed log of each pit, to a depth of at least three feet below the planned bottom elevation of the facility. The location of each test pit, prior to digging, and the log descriptions of each pit, as it is excavated, shall be determined and recorded by the Brown County Land Conservation Department staff.
(4) 
Depth of high groundwater, estimated or observed, in the soil profile and date determined.
(5) 
Depth to bedrock, estimated or observed.
(6) 
Ground contours (two-foot maximum intervals), with spot elevations, indicating land slope at and around the site for a minimum distance of 100 feet.
(7) 
Provisions for adequate drainage and control of runoff to prevent pollution of surface and groundwater such as exposed bedrock or sinkholes. The location of any navigable body of water within 500 feet of the proposed site must be shown. Rivers and streams in the Village of Hobart shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on U.S. Geological Survey (USGS) quadrangle maps.
(8) 
Description of the type(s) of materials the facility is to consist of; size, dimensions, and cross sections of the facility, and any other specific details including, but not limited to, concrete thickness in floor and walls, steel schedules, and fencing.
(9) 
A time schedule for construction of the facility.
(10) 
Scale of the plan drawing(s) and North arrow.
(11) 
Description of bench mark(s) including elevation(s) expressed in feet and hundredths.
(12) 
Landowners must plan and document the availability of acceptable acreage of cropland per animal unit for all future expansions of their livestock operations. Use either Phosphorus Index (PI) or Soil Test Phosphorus Management Strategy found in the most current Conservation Practice Standard NRCS 590 Nutrient Management. A Nutrient Management Checklist will be completed by the county for this purpose.
F. 
Animal waste storage facility abandonment plan requirements. Each application for a permit under this section shall include an abandonment plan. The plan shall specify:
(1) 
The abandonment plan may include provisions for future operation of the animal waste storage facility. The facility shall meet the standards and specifications in § 185-14 of this article and shall have a permit issued under this article. Facilities not meeting this requirement shall be properly abandoned under this section.
(2) 
A preliminary Nutrient Management Plan, verifying the ability of the permittee to comply with Standard 590. A Nutrient Management Plan checklist will be completed by the county for this purpose.
(3) 
Provisions to remove and properly dispose of all accumulated wastes in the manure facility.
(4) 
Provisions to remove any concrete or synthetic liner, or properly use pieces of the concrete or synthetic liner, or properly use pieces of the concrete or synthetic liner as clean fill at the site.
(5) 
Provisions to remove and properly dispose of any soil saturated with waste from the manure storage facility.
(6) 
Provisions to remove any soils to the depth of significant manure saturation or two feet, whichever is less, from the bottom and sides of a facility without a constructed liner.
(7) 
Provision to remove or permanently plug the waste transfer system serving the manure storage facility.
(8) 
Covering all disturbed area with topsoil, seeding the areas with a grass mixture, and mulching the seeded area. This subsection does not apply if an alternative use of the site is authorized under an abandonment plan approved by the county or Village as part of the permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
G. 
Winter spreading plan requirements.
(1) 
Each application for a permit under this section shall include a Winter Spreading Plan. The plan shall specify:
(a) 
The lowest risk fields for the application of winter spread manure based on slope, length of slope, soils, and depth to bedrock.
(b) 
Specify rates of application and applicable setbacks from the nearest surface waters and/or direct conduit to groundwater as determined by Brown County Land Conservation Department.
(c) 
The plan must include a description of the emergency response procedures that will be engaged immediately in the event of direct runoff related to the spreading of animal waste.
(d) 
Only maps prepared by Brown County Land Conservation Department, using GIS technology, may be used to identify appropriate fields for animal waste applications.
(e) 
For the purpose of this practice, winter spreading plans shall take effect no later than December 1 prior to the winter for which the plan is developed and continue through the following March 31 unless animal waste can be effectively incorporated.
(f) 
The landowner shall maintain an accurate record of the date, location, and rate of application for every application of manure on the land that is subject to the winter spreading permit. The record shall be made available to the Brown County Land Conservation Department upon request and shall be retained by the Department and owner for one year following the date of application.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Transitional provision.
(a) 
Applicators/landowners of animal waste required to have a permit under Section 26.10(d)[3] in the Towns of Green Bay, Scott and Morrison shall notify the Brown County Land Conservation Department by December 1, 2006 of their intent to comply. BCLCD shall work with the applicator/landowner to develop winter spreading plans in priority order based on the potential for off-site impacts. An applicator/landowner is considered to be in compliance for the 2006-2007 winter season, provided they have contacted the department prior to December 1, 2006 and cooperates with the department in the development of the winter spreading plan. Applicators/landowners required to have a permit under Section 26.10 in the Towns of Glenmore, Holland, Humboldt and Wrightstown shall be required to obtain a winter spreading permit prior to December 1, 2007.
[3]
Editor's Note: Refers to the Brown County Code of Ordinances.
(b) 
Applicators/landowners in all other areas of the county will be required to obtain a winter spreading permit prior to December 1, 2008.
H. 
Temporary unconfined manure stacking requirements. Each application for a permit under this section shall include a site plan. The plan shall specify:
(1) 
Waste consistencies. Waste materials having less than 16% solids shall not be stacked in the field.
(2) 
Size and stacking period.
(3) 
Hydrologic soil groups.
(4) 
Subsurface separation distance.
(5) 
Surface separation distances.
I. 
Review of application. The County Land Conservation Department shall receive and review all permit applications.
(1) 
The County Land Conservation Department shall determine if the proposed facility meets the required standards set forth in § 185-14 of this article. Within 60 days after receiving the completed application and fee, the County Land Conservation Department shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the County Land Conservation Department has 30 days from the receipt of the additional information in which to approve or disapprove the permit application in writing. Within 60 days of the receipt of the permit application or within 30 days of the receipt of additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued.
(2) 
Prior to approval or disapproval of the permit application, the County Land Conservation Department shall submit a copy of the proposed plan(s) to the Village office of Hobart where the site is located for their review and/or approval if appropriate.
J. 
Permit conditions. All permits issued under this article shall be issued subject to the following conditions and requirements:
(1) 
Design, construction and management shall be carried out in accordance with the animal waste facility plan and applicable standards specified in § 185-14 of this article.
(2) 
The permittee shall give five working days' notice to the County Land Conservation Department before starting any construction activity authorized by the permit.
(3) 
Approval in writing must be obtained from the County Land Conservation Department prior to any modifications to the approved animal waste facility plan.
(4) 
The permittee and, if applicable, the contractor shall certify in writing by signing the certification sheet that the facility was installed as planned and designed. A copy of the signed certification sheet shall be mailed to the County Land Conservation Department within 30 days of completion of installation.
(5) 
Activities authorized by permit must be completed within two years from the date of issuance after which such permit shall be void.
(6) 
Nutrient management plans shall be submitted to the Brown County Land Conservation Department annually by June 1.
K. 
Permit revocation. The County Land Conservation Department may revoke any permit issued under this article if the holder of the permit has misrepresented any material fact in the permit application or animal waste facility plan, or if the holder of the permit violates any of the conditions of the permit.
A. 
Animal feedlots. The standards and specifications for design, construction, operation and maintenance of animal feedlots are those identified in Standards 350 and 312, USDA-NRCS Technical Guide. Feedlots requiring a permit under this article shall not deliver more than 20 pounds of phosphorus annually as determined by the County Land Conservation Department.
B. 
Animal feedlot separation requirements. All new animal feedlots shall be sited a minimum of 100 feet from adjacent properties, 300 feet from any lake or perennial stream (as defined by USGS quadrangle maps), and at least two vertical feet from groundwater.
C. 
Animal waste storage facilities. The standards and specifications for design, construction, operation, and maintenance of animal waste storage facilities are those identified in Standards 313 and 634, USDA-NRCS Technical Guide. The Standards and Specifications for abandonment/closure of animal waste storage facilities are those identified in Standard 360, USDA-NRCS Technical Guide.
(1) 
This standard does not apply to: facilities in which greater than 10% of the design storage volume or greater than 25,000 gallons is occupied by any combination of domestic waste, industrial wastewater generated off site, or sludge. These types of facilities are defined and regulated under various codes administered by the Wisconsin Department of Natural Resources (WDNR).
D. 
Animal waste storage facilities separation requirements. All new animal waste storage facilities shall be sited a minimum of 250 feet from adjacent properties, 300 feet from any lake or perennial stream (as defined by USGS quadrangle maps), and at least three vertical feet from groundwater. Reception pits as part of the animal feedlot or buildings with under-floor storage shall be sited a minimum of 100 feet from adjacent properties.
E. 
Nutrient management. Animal wastes for which permits are issued under this chapter of the Code and all wastes from existing livestock waste storage facilities shall be managed and utilized in accordance with Standard 590, USDA-NRCS Technical Guide. A current (590) Nutrient Management Plan must be submitted annually to the Brown County Land Conservation Department by June 1, until the animal waste storage facility is no longer in use and it has been properly abandoned. The following Wisconsin Administrative Code sections and NRCS conservation practice standards shall apply:[1]
ATCP 50.04(3)(a)
(a)
A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field after the date specified in par. (h). A nutrient management plan shall comply with this subsection. (Register November 2006 No. 611).
ATCP 50.04(3)(b)
(b)
The plan shall include every field on which the landowner mechanically applies nutrients. (Register November 2006 No. 611)
ATCP 50.04(3)(c)
(c)
A nutrient management planner qualified under s. ATCP 50.48 shall prepare or approve the plan. (Register November 2006 No. 611)
ATCP 50.04(3)(g)
(g)
The plan shall be consistent with any nutrient management plan required under Ch. NR 113, 204 or 214 if the landowner applies septage, municipal sludge, industrial waste or industrial byproducts to the land. A landowner is not required to have a nutrient management plan under this subsection if the landowner applies only septage, municipal sludge, industrial waste or industrial by-products according to Ch. NR 113, 204 or 214. (Register November 2006 No. 611)
Nutrient Management
(acre)
Code 590
Natural Resources Conservation Service
Conservation Practice Standard V
Criteria
(NRCS WI, 9/05)
(j)
Organic byproducts of other than manure (i.e., industrial wastes, municipal sludge, and septage) applied to fields shall be analyzed for nutrient content and applied in accordance with applicable regulations including restrictions on heavy metal content and land application rates.
(k)
Manure, organic byproducts, and fertilizers shall not run off the field site during or immediately after application. If ponding, runoff or drainage to subsurface tiles occurs, implement the following activities, as appropriate:
(1)
Stop application.
(2)
Take corrective action to prevent off-site movement.
(3)
Modify the application (rate, method, depth of injection, timing) to eliminate runoff or drainage to subsurface tiles.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
Temporary unconfined manure stacking requirements. Each application for a permit under this section shall include plan specifications identified in Standard 313, USDA-NRCS Technical Guide.
G. 
Manure management prohibitions. The following prohibitions are incorporated into this article:
(1) 
All livestock producers shall comply with this section.
(2) 
A livestock operation shall have no overflow of manure storage facilities.
(3) 
A livestock operation shall have no unconfined manure pile in a water quality management area.
(4) 
A livestock operation shall have no direct runoff from a feedlot or stored manure into the waters of the state.
(5) 
A livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod or self-sustaining vegetative cover. This prohibition does not apply to properly designed, installed and maintained livestock or farm equipment crossings.
A. 
Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any provision of this article shall be subject to a forfeiture of not less than the fines identified in the Brown County Ordinance Chapter 26 plus costs of prosecution of each violation. An unlawful violation includes failure to comply with any standard of this article or with any condition or qualification attached to the permit. Each day that a violation exists shall be a separate offense. Failure to obtain proper permit is considered a violation. Brown County Land Conservation Department shall refer all enforcements to the Brown County Corporation Counsel for commencement of enforcement action.
B. 
Enforcement actions, temporary restraining orders and/or other necessary remedial action. As a substitute for or an addition to forfeiture actions, Brown County may seek enforcement of any part of this article by court actions seeking injunctions or restraining orders.
A. 
Authority. Under authority of Chapter 68, Wisconsin Statutes, the Brown County Land Conservation Committee, created under § 59.70(19,) Wisconsin Statutes, and by the Brown County Board of Supervisors on May 19, 1982, acting as an appeal authority under § 68.09(2), Wisconsin Statutes, is authorized to hear and decide all appeals where it is alleged that there is error in any order, requirement, decision, or determination by the County Land Conservation Department in administering this article.
B. 
Procedure. The rules, procedures, duties and powers of the Land Conservation Committee and Chapter 68, Wisconsin Statutes, shall apply to this article.
C. 
Who may appeal. Any person having a substantial interest which is adversely affected by this order, requirement, decision may take appeals or determinations made by the County Land Conservation Department.