Dunn County approves 6-month moratorium on CAFOs

By LeAnn R. Ralph

MENOMONIE   —  Following several hours of public comments as well as discussion among supervisors, the Dunn County Board has approved a six-month moratorium on Concentrated Animal Feeding Operations.

All together, 24 people addressed the county board on the subject of a moratorium on large-scale livestock facilities during the public comments portion of the Dunn County Board’s October 19 meeting.

Out of those who spoke, ten were not in favor of the moratorium because they believed it would prevent large dairy farms from going forward with plans for expansion.

The county board meeting room at the Dunn County Government Center was filled to standing room only, with several people also standing out in the hallway.

Discussion of a moratorium started after the proposed expansion of a large dairy in the Town of Rock Creek.

Tom Quinn, county board supervisor from Downing and chair of the PR&D committee, said he had received a telephone call from a friend who lives on a farm in the Rock Falls area who was concerned about the proposed expansion at Cranberry Creek Dairy.

Because the Town of Rock Creek is an unzoned township, the county has no control over the proposed expansion, Quinn said, noting that a public hearing held by the state Department of Natural Resources in Rock Falls drew a large number of people.

“I heard many concerning things at the DNR hearing, so it made sense to consider whether there is a role for Dunn County to play,” Quinn said.

First reading

The ordinance establishing a moratorium was listed on the agenda as a “first reading” of the item, but the county board voted 20 “yes” to nine “no” to suspend the county board’s rules and take action on the moratorium October 19 rather than waiting until the November meeting for a second reading.

The Dunn County Board’s Planning, Resources and Development Committee discussed the proposed moratorium at the October 11 meeting and also held a special meeting October 17 to consider recommending the moratorium to the county board.

The moratorium will give Dunn County time to consider whether any changes to the comprehensive zoning ordinance are needed, Quinn said.

Many of those who spoke during the public comments portion of the meeting were concerned about manure run-off and the land spreading of manure from CAFOs and the contamination of surface water and groundwater.

Several of those who spoke mentioned the situation in Kewaunee County where one-third of the private water wells are contaminated with nitrates, bacteria and viruses attributable to large dairies.

While many of the farmers with smaller cattle operations who spoke during public comments were in favor of the moratorium, those who are operating larger dairy farms were not in favor of the moratorium.

Several of those who spoke during public comments talked about the importance of agriculture to the economy in Dunn County.

Mike Kneer, county board supervisor from Menomonie and a member of the PR&D committee, said the moratorium is a request to allow time to study the situation and find solutions if they are needed.

The moratorium has nothing to do with a desire to write new regulations but is in response to concerns about clean drinking water, Kneer said.

Gary Seipel, county board supervisor from Eau Galle and vice-chair of the PR&D committee, was opposed to the moratorium.

The prospect of a moratorium on large-scale livestock facilities has caused apprehension and confusion among farmers. County board members should take time to obtain opinions from constituents before implementing a moratorium, Seipel said.

Purpose

Jerome Prochnow, county board supervisor from Menomonie, wondered why the PR&D committee was talking about a moratorium now when five CAFOs are already permitted and operating in Dunn County.

The dairy industry is changing rapidly. The livestock siting law went into effect in 2005, and at that time, people were not expecting dairy operations that would have thousands of milk cows or hog operations that would have 26,0000 pigs, Quinn said.

The proposed Cranberry Creek Dairy expansion would go from 1,250 milk cows to 5,000 milk cows.

According to the ordinance approved by the county board imposing a six-month moratorium, one purpose is to allow Dunn County time to investigate the impacts of large-scale livestock facilities on groundwater, surface water and air quality, and specifically, as those issues apply in Dunn County.

Another purpose is to allow the county time to review current ordinances and to determine whether the existing ordinances should be amended or whether a Livestock Facilities Zoning Ordinance is needed that would apply in unincorporated areas of Dunn County.

The purpose of any new ordinances or amendments to ordinances would be to protect the health safety and welfare of the residents and to preserve the quality of land, air and water.

The moratorium also will give Dunn County time to consider whether the county has adequate staff and resources to monitor and enforce new or existing ordinances that apply to livestock facilities.

Many of the people who spoke during public comments portion of the meeting expressed concern that the DNR no longer has adequate staff to monitor CAFOs and to do enforcement when necessary.

The fourth purpose of the moratorium is to allow unzoned townships in Dunn County to consider whether the town should adopt town zoning or establish other regulatory ordinances or whether the township would like to adopt county zoning.

All together, Dunn County has six unzoned townships.

In addition to Rock Creek, other unzoned townships in Dunn County include the Towns of Spring Brook, Elk Mound, Eau Galle, Sand Creek and New Haven.

Expansion

The six-month moratorium on large-scale livestock facilities in Dunn County applies to new facilities that will have 1,000 animal units or more and to the expansion of existing facilities that would bring the number of animal units to more than 1,000.

One milk cow or one dry cow represents 1.4 animal units.

By way of comparison, sheep are .1 animal units; turkeys are .018 animal units; pigs over 55 pounds are .4 animal units.

Regarding the Dunn County moratorium, the cutoff for dairy cows would be 715 and would apply to any new facility starting off with more than 715 milking or dry cows or to any facility wishing to expand to more than 715 cows.

The moratorium does not apply to existing facilities not currently expanding the herd size or to applicants who have already submitted permit applications to start or expand a livestock facility of 1,000 or more animal units.

Expansion is defined by the moratorium as an increase by 20 percent or more of the number of animals.

The moratorium will not affect larger farms that already have operating permits, Quinn said.

The moratorium also will not affect smaller operations wishing to expand but that would not have more than 1,000 animals units. An expansion from 200 cows to 400 cows or from 400 cows to 600 cows would be acceptable and would not be covered by the moratorium, Quinn said.

The moratorium will give Dunn County time “to look at concerns and possible steps with the full cooperation of the farmers who will be on the committee,” he said.

The purpose of imposing a moratorium is most definitely not to say “yes or no” to CAFOs, Quinn said.

Instead, the moratorium’s purpose is identify which concerns are not being addressed, and what can the county do to address those concerns, he said.

The purpose of the moratorium is to strengthen farming with the support of the county and for the future of dairy farming in Dunn County, Quinn said.

Study group

During the moratorium, a special study group, known as the Livestock Operations Study Group, will analyze scientific literature regarding the impact of livestock facilities with 1,000 or more animal units on groundwater, surface water, air quality and public health and safety.

The study group also will work on identifying areas where new regulations may be needed, identifying current regulations that may need to be modified, and where current enforcement is inadequate to protect public health or safety.

Solutions could include a manure storage ordinance, implementation of state performance standards to address oversights in the livestock siting ordinance that includes standards related to wastewater, farm field setbacks and a phosphorus index.

Additional solutions could include adopting zoning measures to create special zones for livestock facilities with 1,000 or more animal units and the adoption of a livestock operations ordinance.

The study group will include members of the PR&D committee; the chair of the Dunn County Health and Human Services board (or a designee); the county planner and zoning administrator; the county’s land and water conservationist; a representative from the the UW-Extension system; and at least six interested Dunn County residents and property owners, at least three of whom must derive their main income from livestock production and will be appointed by the county board chair.

The ordinance authorizes the study group to spend up to $12,700.

Duration

The draft of the ordinance called for a six month moratorium on CAFOs, which could be extended to six additional months by a majority vote of the Dunn County Board, if necessary, to allow the Livestock Operations Study Group to complete its responsibilities.

Gary Bjork, county board supervisor from Colfax and a member of the PR&D committee, said he was in support of the study for a six-month period.

The original proposal that came before the PR&D committee was for one year, but then the committee compromised with a six-month moratorium, he said.

Bjork offered an amendment to the proposed ordinance striking the section about extending the moratorium by six additional months with a majority vote of the Dunn County Board.

The amendment to the ordinance restricting the moratorium to six months with no opportunity to extend it passed on a vote of nine “no” to 20 “yes.”

“It will be a challenge to do it in six months, but let’s try,” Quinn said.

At the end of six months, the committee should have a number of ideas that can be expanded upon without a moratorium, he said.

The study group must report recommendations on any appropriate regulations related to the siting or operation of livestock facilities to the Dunn County Board 30 days before the end of the moratorium or as soon as the committee has developed recommendations.

The Dunn County Board approved the amended ordinance imposing a six-month moratorium on large-scale livestock facilities on a voice vote.

The ordinance will go into effect after it has been published according to the provisions established by state law.