MADISON – The WMC Litigation Center – an affiliate of Wisconsin Manufacturers & Commerce (WMC), the combined state chamber of commerce and manufacturers’ association – filed a lawsuit on behalf of two taxpayers against the Town of Eureka on Wednesday, alleging the town’s permitting requirements for livestock farms are unlawful.
In March 2022, the Town of Eureka adopted an ordinance requiring fees and permits for Concentrated Animal Feeding Operations (CAFOs) that are inconsistent with state law. Wisconsin’s Livestock Facility Siting Law and its regulations preempt most local regulation of the permitting process for a new or expanded livestock facility, and the Town’s ordinance contains several unlawful requirements.
For example, the ordinance requires farmers to “pay a non-refundable fee of $1 per proposed animal unit” as an application fee, but the WMC Litigation Center argues that fee is inconsistent with state law because it could exceed the cap of $1,000 set by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). The Town’s ordinance also requires that an engineer or geoscientist attest to the applicant’s plan for transportation, waste, animal health, odor and air pollution, property values, and more – all of which are preempted because they are not one of the narrow and explicit statutory exceptions to the siting law.
“Taxpayers are unfairly and unlawfully on the hook to pay for the legal fees, administrative fees and inspection fees under an ordinance that is clearly in violation of state law,” said WMC Litigation Center Executive Director Scott Rosenow. “This ordinance is quite simply another case of government overreach.”
In its complaint, filed with the Polk County Circuit Court, the WMC Litigation Center notes the Town of Eureka’s ordinance is preempted by Wis. Stat. § 93.90 and related state regulations.
“Wisconsin farmers – especially CAFOs – are one of the most regulated industries in Wisconsin,” added Rosenow. “We hope the court will strike down this ordinance to provide certainty to our farmers, protect taxpayers, and ensure local government officials once again operate within the bounds of the law.”
