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Agricultural small business resources

Agricultural operations include many types of activities that have a range of environmental regulations to meet. This section provides information on how to comply with some of those environmental regulations and points to resources to help start a farm and comply with environmental requirements, among other things.

The following is a summary of state environmental regulations that may apply to an agricultural business in Wisconsin.

Air pollution

Grain Facilities: There are rules specific to some grain facilities with certain types of equipment, and others that might apply broadly to any grain handling operations or other agricultural operations as well. Review the Grain Facility fact sheet (AM-557) to start. If you need help with emissions calculations, you can use the spreadsheet Grain Emissions Calculations (SB-310) [XLSX] for the main processes involved. Also check the requirements below for information on fugitive dust.

Demolition of Farm Buildings: Anyone with a farm building that plans to remove or modify the structure should review the requirements about first removing asbestos containing materials. There are also strict requirements about whether burning the structure is allowed. Review the following summary of the requirements for building demolition on farms:

Odor Complaints: Odor is an air pollution issue that can impact a number of farming related activities. The DNR SBEAP provides a summary of state requirements for odor control in the fact sheet Controlling Odors (SB-110). Minimizing odors is best achieved through application of conservation best management practices. U.S. EPA and the USDA NRCS collaborated to develop the reference guide Agricultural Air Quality Conservation Measures to help poultry and livestock producers apply best management practices. In addition, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has odor management resources on their livestock siting application webpage. DATCP provides an odor standard fact sheet, spreadsheet, data collection sheet, odor management plan, and a checklist and evaluation process for innovative odor control practices.

Digesters: Some farms with manure storage issues may choose to install an anaerobic digester to reduce the volume of waste and to produce methane gas for an energy source, with an added benefit of reducing odors. Digesters and the engines or boilers used to convert methane gas to energy may require an air pollution permit before starting construction on the equipment. Learn more about specific requirements on the Digesters tab on this page.

Fugitive dust

"Fugitive dust" is a term used to describe any particulate matter (PM) emissions released through any means other than a stack or duct of some kind. Any business creating enough dust, smoke, or fumes to be a noticeable source of air pollution must control those emissions. The following are examples of activities that would create fugitive dust:

  • large trucks transporting materials along unpaved roads;
  • unpaved parking lots;
  • piles of materials stored on site, like grain; and
  • dry materials directed to equipment not collected by another device, whether by baghouse, cyclone, wet scrubber, etc.

Any business that creates fugitive dust must do as much as possible to control those emissions and keep them from escaping into the environment. The following are a few suggestions based on the type of activity. Other best management practices recommended by industry experts are provided in the fact sheet Fugitive Dust Management (AM-556).

  • For roads or storage piles, use water or chemicals to prevent dust plumes. Be aware there may be storm water limits on chemicals used to suppress dust. Paving roads will reduce dust. Storage piles can be kept within a three-sided building to minimize emissions.
  • Mechanical collection devices (i.e. cyclones and dry filters) are effective, low cost ways to control PM emissions from processing equipment. Unfortunately, higher collection efficiency in any type of equipment can often mean higher costs. For example, a baghouse can be a very high efficiency control option but is more expensive than the others.

Waste regulations

Unused materials from grain handling operations may be considered hazardous waste if heavy metals like chromium are present. Before disposing of any unused materials from processing, it is important to determine whether the material is hazardous and then properly manage the waste going forward. Start with the Ag specific waste page and learn more about agrichemical waste management.

There are certain ag-related wastes that can be best managed by recycling or reusing them. It is illegal to burn any type of plastic in Wisconsin. Don't Burn Agricultural Plastics (WA-1592) provides a summary of recycling and disposal options. More information can be found on the Managing agricultural plastics page. Other wastes found on a farm could be 'reused' in a fashion by composting them. Learn more on the Farms and composting in Wisconsin page.

Spills and used oil management

In order to prevent oil or fuel spills or clean up after a spill, there are a number of regulations an agriculture business should follow.

Wastewater regulations

Agriculture operations are rarely connected to a municipal sewer system; therefore, most operators will need to review the need for discharge permits that regulate disposal of wastewater to ground or surface water. Review the requirements starting on the DNR Nonpoint source pollution page. Operations defined as CAFOs will have more stringent requirements for treating wastewater, related to manure management.

Agricultural product storage sites may also have to comply with a storm water discharge permit, or certify that they are not a source of exposure to storm water contamination. Review the storm water runoff permits page for more details.

Other requirements

Review other DNR requirements that may apply on the Agribusiness page.

Emissions reporting

Under the FARM (Fair Agricultural Reporting Method) Act signed March 23, 2018, air emissions from animal waste at a farm are exempt from reporting under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which then also exempts them from reporting under Emergency Planning and Community Right-to-Know Act or EPCRA. Learn more about the requirement to report under CERCLA or EPCRA for farms at CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms.

Grain terminal and grain storage elevators

The EPA established a New Source Performance Standard (NSPS) for grain elevators constructed, modified or reconstructed after Aug. 3, 1978, and defined as either:

  • Grain terminal elevator — any grain elevator that has a permanent storage capacity of more than 88,100 m3 (2.5 million U.S. bushels), except those located at animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries and livestock feedlots; or
  • Grain storage elevator — any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill or soybean oil extraction plant that has a permanent grain storage capacity of 35,200 m3 (1 million bushels).

The limits in the rule apply to the following equipment at those facilities:

  • truck unloading station;
  • truck loading station;
  • barge and ship unloading station;
  • barge and ship loading station;
  • railcar unloading station;
  • railcar loading station;
  • grain dryer; and
  • all grain handling operations.

You can review the specific requirements of the rule in 40 CFR Part 60, subpart DD or NR 440.47, Wis. Adm. Code.

Prepared feeds manufacturing operations

The EPA regulates prepared feeds manufacturing operations that are minor or area sources of federal hazardous air pollutants (HAPs), where the operations add the metal HAPs chromium (Cr) or manganese (Mn) to their product and where at least 50% of the annual production is animal feed. A minor, or area source of federal HAPs is one that has potential emissions of less than 10 tons per year (TPY) of any one federal HAP and less than 25 TPY of all federal HAPs combined. The list of federal HAPs can be found on EPA's website at The Clean Air Act Amendments of 1990 List of Hazardous Air Pollutants. The processes regulated include:

  • Mixing;
  • Storage of the meal or mash;
  • Steam conditioning;
  • Pelleting and pellet cooling; and
  • Crumbling and screening.

For more details on the rule requirements, review these materials:

Digester requirements

Anaerobic digesters can be used by farms to reduce manure volume as well as produce biogas. The biogas can be used in generator engines or boilers to provide electrical power and heat for the farm or the local utility. The EPA provides a wide range of information on Biogas Recovery in the Agriculture Sector.

Use of the biogas in units like an engine or boiler can trigger different environmental requirements, such as the need to get an air permit before installation. Read more about different types of air permits, and specifically about Combustion Sources and Construction Permits (AM-427). Some operations will clean up the biogas such that it can be used as a fuel, called Renewable Natural Gas or RNG.

CAFO's requiring a Wisconsin Pollutant Discharge Elimination System (WPDES) permit may use a digester as a manure treatment system before discharging their waste stream to surface or ground water. Be sure to review the Wastewater section under the General environmental tab on this page for links to WPDES information.

Digesters adding both food waste and farm-sourced manure, which some might consider to boost methane production, will require additional review from the solid waste program prior to land spreading the post-digester solids. Review information on the Farms and Composting webpage.

Getting started

The United States Department of Agriculture has resources for those interested in starting a farm. Get started at New Farmers. Existing farms can stay up to date on news from the USDA Farm Service Agency by subscribing to newsletters, notifications and reminders through their GovDelivery service. Subscribe online at Email Updates.

In addition, the Natural Resource Conservation Service at the USDA has resources for farmers that want to make improvements to the land. Resources may include technical assistance in planning, filing applications, and funding. Learn more at Get Started with NRCS.

Compliance resources

Confined animal feeding operations (CAFOs) have a number of regulations to comply with throughout the year. One way to keep track of inspections and monitoring needed is to use the DNR/UW Extension Compliance Calendar.

Financial

The Wisconsin Department of Agriculture, Trade and Consumer Protection provides economic development and other resources to farmers through their Farm Center. Services include financial experts, assistance to organics producers, minority farmer resources, help with rural power issues, links to other assistance providers and mediation of disputes, among other services. They work with new, changing and existing farms.

USDA Environmental Quality Incentive Programs for Wisconsin Landowners (EQIP) is a voluntary program that promotes agriculture production, forest management and environmental quality. The program offers financial and technical assistance to farmers and land owners. Technical assistance is provided by NRCS staff, who can help owners develop a conservation plan for practices eligible under the program. For more information on the program, contact your local NRCS Service Center in the county in which the land is located. Visit Find Wisconsin NRCS Service Centers and Field Staff for more information.

General USDA farm loan information can be found on the Farm Loans page. For more information, contact the Wisconsin USDA office.

Growing Hemp and Extracting Oil

The main hemp products made in Wisconsin are fiber, seed, and oil extracts like cannabidiol or CBD. The DNR has jurisdiction over the environmental impacts of growing and processing hemp. From construction to production, each stage of growing and processing hemp might trigger different environmental regulations, for example:

  • High-capacity water use
  • Conveyors to move hemp or hemp materials that produce fugitive dust
  • Boilers or water heaters used in processes
  • Dryers or ovens used to dry hemp or hemp products
  • Engines for emergency power backup or to operate equipment
  • Oil-extraction equipment
  • Solvents used to extract oils or clean extraction equipment
  • Light bulb disposal and other waste management

If you would like a printable version of these requirements, download SB-023.

Construction of a Facility

Review environmental considerations before purchasing a property.

Some permits may be required before facility construction begins, so it is important to plan months in advance of when you want to start breaking ground on the project. Review the sections below for more information.

Air Pollution

Air pollution can be generated by the equipment used for heating and drying as well as for grinding the plants, and also from the chemicals and solvents used to extract oils from the plants and clean equipment.

Solvents used to extract oils will generate volatile organic compounds (VOCs) which trigger permit and reporting requirements. Some solvents are also considered hazardous air pollutants (HAPs) which trigger additional emission limits along with permit and reporting requirements. Review the permit requirements, as well as some general VOC rules and HAP requirements.

Equipment that burns fuels for facility or process heat also creates air pollution. Review requirements for boilers and internal combustion engines (generator engines).

Growing and processing can create odors that must be addressed when they become a nuisance to those nearby. Review some recommendations (SB-110) on controlling odors.

Trucks, material handling, grinding, and similar operations can create fugitive dust, which must also be minimized. Review best management practices for fugitive dust (AM-556).

Water Use

Wells that use more than 100,000 gallons per day require DNR approval before construction or operation of the well system. Review the DNR’s high capacity well requirements.

Storm Water

If facility construction will disturb more than one acre of land, it needs a storm water permit before construction begins. Review the storm water construction permit requirements.

Hemp/oil processing facilities may fall into an industrial category that requires a wastewater discharge permit or they must meet the no exposure certification criteria before operating. Review storm water permit (SB-020) requirements.

Wastewater

If your facility will discharge wastewater to a local treatment plant, a Publicly Owned Treatment Works or POTW, contact your municipality for their requirements. If the discharge will go to ground or surface water, a septic system, or to a storm sewer, pipe, channel, ditch, or swale that conveys the wastewater to a water body, then a state discharge permit is required. Review the Wisconsin Pollutant Discharge Elimination System permit requirements.

Waste

Review the waste overview page to determine which of the facility wastes are considered solid waste and which might be categorized as hazardous. Most solvents used to extract oils and/or clean equipment will be considered hazardous, and plant material that has absorbed solvents may also be considered hazardous. Review the management requirements for hazardous waste. For wastes considered universal wastes – batteries, pesticides, thermometers, lamps – review the information on their special management requirements.

Best Management Practices

For any hemp growing operation interested in minimizing energy use and environmental impacts a summary of best management practices has been developed: Environmental Sustainability in the Cannabis Industry.

Additional resources