Marathon County ERC forwards animal waste and cropland management ordinance to state for review after extended debate

The Marathon County Environmental Resources Committee voted Jan. 6 to forward a draft Animal Waste and Cropland Management Ordinance (Chapter 11.02) to state agencies for legal review.

The draft ordinance includes three main components: a nutrient management requirement for operators who mechanically apply nutrients, new riparian buffer requirements along mapped DNR streams, and winter spreading restrictions targeted at medium and large farms (EPA definitions; medium = ~300 animal units; large = CAFO threshold). Staff said the nutrient management and buffer components would apply to all farms that mechanically apply nutrients; winter spreading limits would apply only to medium and large farms. Implementation timelines the committee discussed include delayed compliance dates: nutrient management and winter spreading implementation beginning Jan. 1, 2028, and buffer and spreading prohibitions phased in by Jan. 1, 2030.

County conservation staff described outreach to a farmer work group that informed the draft and proposed implementation supports (free or reduced-cost winter-spreading licenses tied to enrollment in nutrient-management training and targeted cost-share for seed and field preparation). Staff estimated the proposed 35-foot riparian buffer would convert roughly 3,800 acres out of about 306,000 cropland acres (approximately 1.3% of county cropland); staff said soils in those buffer areas are often low-production, wetter soils.

Several supervisors and members of the public expressed concern about scope and enforcement, especially whether small farms would be subject to fees or mandatory nutrient management plans and how enforcement would be administered. Supervisor Mike Ritter and others said they did not intend to impose undue burdens on small farmers and emphasized the policy goal of reaching broad nutrient-management coverage without punitive effects. Some supervisors urged additional time to examine fee parity with existing loan programs (Poutz loan program) and to confirm enforcement pathways.

After extended debate, Supervisor Kroll moved to send the draft ordinance to state agencies (DATCP and DNR) for legal review and comment; the motion was seconded and carried. A roll-call was taken to record the outcome and confirmed the majority supported forwarding the draft for state review. Staff said the state review process will take at least 90 days and may require review by the state Land and Water board, so county action is likely several months out. If returned with comments, the county will revise and host a formal public hearing before final county action.

Next steps: CPZ staff will submit the draft to DATCP/DNR for legal review, collect state feedback, continue targeted outreach, and return to the ERC with revisions and a public-hearing schedule.