Date of enactment:
2023 Assembly Bill 957 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 173.90 of the statutes; relating to: preemption of certain local animal ordinances.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 173.90 of the statutes is created to read:
173.90 Preemption of local animal regulations.
(1) DEFINITIONS. In this section:
(a) “Animal” has the meaning given in s. 951.01 (1).
(b) “Animal facility” means a farm or other commer-
cial operation that raises or confines animals as a com-
mercial enterprise.
(2) PROHIBITIONS. A political subdivision may not,
by ordinance, resolution, order, or otherwise, do any of
the following to regulate an animal facility in an area that
is zoned exclusively or primarily for agricultural use,
unless the activity affected by the ordinance, resolution,
or order presents a substantial threat to public health or
safety or unless otherwise specifically authorized:
(a) Animal welfare standards. Establish animal wel-
fare standards that are more stringent that those in ss.
951.13 and 951.14 or in any rules promulgated by the
department.
(b) Medications and vaccinations. Require or pro-
hibit any medications or vaccinations that are not
required or prohibited under ch. 95 or under any rules
promulgated by the department.
(c) Use of animals. Limit the use to which an animal
may be put while in an animal facility or after it leaves an
animal facility, except as otherwise provided in this chap-
ter, s. 944.18, chs. 174 and 951, and any rules promul-
gated by the department.
(d) Species of animals. Limit the species of animals
that may be raised or kept in an area zoned exclusively or
primarily for agricultural use.
(3) EXISTING REGULATIONS. If a political subdivision
has in effect on the effective date of this subsection ....
[LRB inserts date], an ordinance, resolution, or order that
conflicts with sub. (2), the ordinance, resolution, or order
does not apply and may not be enforced, unless the activ-
ity affected by the ordinance, resolution, or order
presents a substantial threat to public health or safety.
(4) CONSTRUCTION. Nothing in this section shall be
construed as limiting a political subdivision’s authority
to use its zoning authority or power or to enforce the pro-
visions of this chapter, s. 59.69, 60.61, 60.62, 61.35, or
62.23, or ch. 174 or any provisions under state law relat-
ing to livestock facilities.
SECTION 2.0Effective date.
(1) This act takes effect on the 90th day after publica-
tion.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”