HOOKSTEAD FARMS APPEAL
Shawn Esser, Conservation Specialist with the Dane County Land & Water Resources
Department, presented the following background information and facts, including
photographs and other documentation, and recommended findings and conclusions
pertaining to three manure storage structures located on the Hookstead Farms, LLC
property in the Town of York.
BACKGROUND:
Chapter 49, Dane County Code of Ordinances (DCCO), requires all manure storage
facilities in Dane County to be covered by a certificate of use in order to operate and be
used to store manure or process wastewater. Certificate of use requirement means “no
person may operate or use a manure storage facility, or any portion of a manure storage
facility constructed without a permit issued by the department or has an expired permit
unless the person has a valid certificate of use for the manure storage facility or that
portion of the manure storage facility that is being operated or used.” s. 49.16(1), DCCO
Department means “the Dane County Land & Water Resources Department.” s. 49.04(6),
DCCO Manure is defined as “livestock excreta and including the following when
intermingled with excreta in normal farming operations: debris including bedding, water,
soil, hair, and feathers; processing derivatives including separated sand, separated
manure solids, precipitated manure sludges, supernatants, digested liquids, composted
biosolids, process wastewater; and runoff collected from barnyards, animal lots, and feed
storage areas.” s. 49.04(19), DCCO Manure storage facility is defined as “an
impoundment made by constructing an embankment or excavating a pit or dugout or by
fabricating a structure to contain manure, process wastewater, or other animal or
agricultural waste.” s. 49.04(20), DCCO.
FINDINGS:
Through a review aerial photographs conducted by Mr. Shawn Esser, Conservation
Specialist with the Department, of Mr. Hookstead’s farm identified three manure storage
facilities on the property; one of
the structures appeared to be constructed without a permit through the Department. Mr.
Hookstead was notified by Mr. Esser in a lettered dated October 20, 2021, regarding the
construction of a manure storage facility without a permit between 2014 and 2017 and to
schedule a time to conduct a site visit to verify the structure and apply for a certificate of
use. Mr. Hookstead responded stating he did not own the property at that time and
denied entry to the property without a warrant.
An inspection warrant was obtained and executed by Deputy Garth Blake, Dane County
Sheriff’s Department, and Mr. Esser. The structure in question was identified as a
manure storage facility and two additional structures were also on site. Mr. Hookstead
was notified to apply for a certificate of use on three separate occasions including
September 29, 2020, March 2021, and again on December 21, 2021 for the three manure
storage facilities on the property. No application has been received to date. The
Department received a letter on December 29, 2021 where Mr. Hookstead requested an
appeal disputing the structures in question are manure storage facilities because they
hold three spreader loads of liquid and solids.
CONCLUSION:
Department staff believe the structures in question meet the definition of manure storage
facilities under s. 49.04(20), DCCO, and store material that meet the definition of manure
under s. 49.04(19), DCCO. As such, in order to operate and use the manure storage
