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Frequently Asked Questions
Concentrated Animal Feeding Operations

What is an "animal unit"?

What types of permits do new/expanding operations need?

When will I need a WPDES permit?

When should I submit my application?

What should my application contain to be considered complete?

After I submit my completed application, what are the next steps?

What will my final permit contain?

What if an existing or proposed CAFO chooses to begin construction of reviewable structures or systems before the plans and specifications are approved?

What construction can an existing or proposed CAFO begin before the plans and specifications are approved?

How long does it take to obtain DNR approval of plans and specifications?

If a new WPDES Permit or EA is required, what is the impact on the plans and specifications review?

What level of Nutrient Management (NMP) planning is needed prior to applying for a WPDES Permit?

How will I know if an EA is required and who prepares it?

What if a livestock operation intends to become a CAFO, but has not submitted an application for a CAFO WPDES Permit - then can construction proceed without an approval?

What types of projects at a CAFO require submittal of plans and specifications, and DNR review and approval?

Where can I find more information?

What is an "animal unit"?

Animal units are calculated for each different type and size class of livestock and poultry. For instance, facilities with 1,000 beef cattle, 700 milking cows or 200,000 chickens would each be considered to have the equivalent of 1,000 animal units. To determine the actual number of animal units on your operation, use the Animal Units Calculation Worksheet, Form 3400-25A [PDF 128KB].

Animal Units Chart

To see the changes proposed in the NR 243 rule revision regarding animal unit calculations, please see the NR 243 revisions page.

What types of permits do new/expanding operations need?

Different types of state and local permits/approvals are required for new or expanding livestock operations. Planning early to accommodate these requirements can make your transition smoother by helping to avoid time-consuming and costly delays. Although it is not be an all-inclusive list, this State and Local Permit Checklist [PDF 113KB] is a good place to begin. It is important to check with your town, county, and state staff early in the planning process to see what regulations apply to your operation.

When will I need a WPDES permit?

All livestock and poultry operations that will be expanding to 1,000 or more animal units must apply for a WPDES permit at least 180 days (six months) before reaching that size. If your operation already has more than 1,000 animal units but does not have a WPDES permit, contact your regional DNR representative.

When should I submit my application?

A permit application must be submitted at least 12 months before an operator expects to reach 1,000 or more animal units. It is essential that operators contact the DNR early on to ensure that permitting issues are addressed as part of the planning process and to be sure that the final permit is issued prior to actual construction or expansion. During the application process, regional DNR staff will make a site visit with the operator to gather information and further explain issuance procedures.

What should my application contain to be considered complete?

Before processing of your permit application can begin, you must submit complete, detailed application materials. Detailed instructions are contained within the application packet (Instructions for Completing a Livestock Operation Permit Application). Generally, a complete application will include specific information about the operation, a preliminary Manure Management Plan (typically based on the Natural Resources Conservation Service 590 Standard), an environmental analysis questionnaire, and information on proposed and existing manure storage facilities and runoff control systems. Operators may choose to hire a consultant to assist in preparing the application materials.

After I submit my completed application, what are the next steps?

Once the completed application is received and reviewed, DNR staff will prepare a Plans and Specifications Review, an Environmental Analysis (if necessary), and a draft permit. Both the Environmental Analysis and the proposed draft permit undergo a public notice process. While each of these items is in its 30-day comment period, the public may submit comments or request a public informational hearing. After all comments are received and addressed and the hearing (if necessary) has taken place, the permit may be issued. If the owner, operator or the public wants to challenge some of the permit conditions, a hearing before a judge may be requested. Flowchart of the permit process [PDF 69KB]

What will my final permit contain?

The finalized permit will contain requirements for proper runoff control, manure storage, and manure management to ensure that there are no discharges of pollutants to navigable waters and that groundwater is protected. Once the permit is issued, the owner or operator is required to submit a finalized Manure Management Plan based on the conditions of the issued permit, a monitoring and inspection program, and annual reports summarizing the landspreading of manure to ensure compliance with the permit. Operators must also submit an application for permit renewal every five years, and must notify the DNR of any proposed construction or management changes.

What if an existing or proposed CAFO chooses to begin construction of reviewable structures or systems before the plans and specifications are approved?

The owner is taking significant risk, because the location or design may not be approvable. As a result, the owner may incur excess costs to correct deficiencies. In addition, the owner may be subject to enforcement, because construction without an approval is a violation of ch. NR 243.15, Wis. Adm. Code, and is also a violation of the CAFO WPDES Permit if the operation is permitted. Keep in mind, a proposed CAFO means an operation that has submitted a WPDES Permit application (complete or incomplete).

What construction can an existing or proposed CAFO begin before the plans and specifications are approved?

Prior to approval of plans and specifications, allowable earth moving activities in preparation for reviewable structures or systems are limited to clearing, grubbing and rough grading (see NR 108.03(2), Wis. Adm. Code).
  • Examples of grubbing and grading activities include: grading for site erosion control features, removing trees and stumps, stripping topsoil, and constructing access roads. Grubbing and grading does not include any of the following: placement of liner materials, concrete forms, or fill materials for reviewable structures.
  • Approval is not needed for borrow excavation to obtain fill needed for non-reviewable structures or systems, even if the excavation occurs in an area where reviewable structures (ex: manure storage lagoon) will later be located.
  • If >1 acre will be disturbed, a WPDES Stormwater Construction Site General Permit (Stormwater Permit) must be obtained prior to beginning soil disturbance activities.

How long does it take to obtain DNR approval of plans and specifications?

Once DNR receives a complete submittal, review time of at least 45 days can be expected, and 90 days is the maximum allowed by law. The DNR issues decisions as soon as possible. However, the review process is different if a WPDES Permit application or an Environmental Analysis (EA) is required.

If a new WPDES Permit or EA is required, what is the impact on the plans and specifications review?

If a WPDES Permit application or EA is required, they must be complete before the plans and specifications are complete. Also, if an EA is required, DNR cannot issue a decision on the plans and specifications until one of the following occur:
  1. The EA is final (public comment period is over, public comments have been considered, and the final EA is signed); or
  2. 90 days have lapsed since DNR received a complete plans and specifications submittal (including information needed to make a WPDES Permit application and EA complete).

What level of Nutrient Management (NMP) planning is needed prior to applying for a WPDES Permit?

Revisions to ch. NR 243, Wis. Adm. Code, effective in 2007 increased the information needed for a WPDES Permit application. In particular, owners should be aware that a complete nutrient management plan (not preliminary) must be submitted to make their WPDES Permit and EA information complete.

How will I know if an EA is required and who prepares it?

Ch. NR 150, Wis. Adm. Code, describes the level of environmental review required based on project type and size. A significant expansion in animals triggers the need for an EA, and in most cases an EA is required when a farm first applies for a CAFO WPDES Permit. DNR Regional Staff implement EA requirements and can provide further information. Although an EA is prepared by DNR, an applicant must first submit a completed EA questionnaire, which helps DNR determine if an EA is required.

What if a livestock operation intends to become a CAFO, but has not submitted an application for a CAFO WPDES Permit - then can construction proceed without an approval?

Depending on the circumstances, it may be legal, but DNR discourages this practice and owners should recognize they are taking significant extra risk. Prior to applying for a WPDES Permit, facilities and systems reviewable under ch. NR 243, Wis. Adm. Code, may be constructed without approval of plans and specifications, because the facilities and systems do not become subject to review under ch. NR 243, Wis. Adm. Code, until a WPDES Permit has been applied for (complete or incomplete). The following related issues should be considered:
  • Ch. NR 243, Wis. Adm. Code, requires operations to submit an initial permit application 12 months before the increase in animals is expected.
  • Previously constructed facilities and systems (regardless of age) will be subject to engineering evaluation at the owner's expense and review by the DNR.
  • The owner may incur excess capital and operational costs to correct deficiencies caused by poor planning, particularly if the location or design doesn't meet ch. NR 243, Wis. Adm. Code, requirements and cannot be easily modified to meet those requirements.
The DNR advises owners to refrain from constructing facilities intended for expansion to become a CAFO until they have submitted a complete WPDES Permit application, including plans and specifications for new facilities and system, and have obtained written approval from DNR

What types of projects at a CAFO require submittal of plans and specifications, and DNR review and approval?

Plans and specifications must be submitted for structures and systems regulated under ch. NR 243, Wis. Adm. Code, Subchapter II. "Reviewable facility or system" is defined in s. NR 243.03(56), Wis. Adm. Code. Reviewable proposed structures and systems (and modifications to them) are covered under s. NR 243.15, Wis. Adm. Code, and reviewable proposed operational changes are covered under s. NR 243.17, Wis. Adm. Code. Evaluations of existing structures are covered under s. NR 243.16, Wis. Adm. Code. The table, "Reviewable Project Type", on p. 1 of the CAFO REVIEWABLE FACILITIES or SYSTEMS CHECKLIST, includes the most common types of reviewable projects.

Where can I find more information?

DNR Runoff Management webpages include the following (and more):

DISCLAIMER: Information on this page is provided for education purposes only. Contact a member of the DNR Ag. Runoff Management Program Staff with any questions.



For more information about this page, please contact: Tom Bauman

Last Revised: Thursday September 18 2008