ATCP 50.01(29s)
(29s) “Performance payment” means payments provided to landowners in return for the landowner meeting certain conservation benchmarks. Performance payments can vary based on the conservation practice or practices used and the estimated environmental benefits.
ATCP 50.01(30)
(30) “Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other legal organization or entity.
ATCP 50.01(32)
(32) “Secretary" means the secretary of the department.
ATCP 50.01(32m)
(32m) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite with a depth to bedrock of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington, and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, Wisconsin Geological Natural History Survey, department of agriculture, trade and consumer protection, department of natural resources, county maps, or infield bedrock verification methods.
ATCP 50.01(33)
(33) “State regulation" means ch.
88,
91,
92,
93,
281, or
283, Stats., and rules promulgated by the department or DNR under ch.
88,
91,
92,
93,
281, or
283, Stats.
ATCP 50.01(34)
(34) “Structural height" means the difference in elevation in feet between the point of lowest elevation of the structure or embankment before overtopping and the lowest elevation of the natural stream or lake bed at the downstream toe of the structure or embankment.
ATCP 50.01(34m)
(34m) “Technical standard” refers to standards for which the department or DNR is a custodian.
ATCP 50.01(36)
(36) “T-value" means the maximum average annual rate of soil erosion for each soil type that will permit a high level of crop productivity to be sustained economically and indefinitely. For most soils, “T-value” is equivalent to 1 to 5 tons of soil loss per acre per year.
ATCP 50.01(37)
(37) “Unconfined manure pile" means a quantity of manure, at least 175 cu. ft. in volume, that covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility, or barnyard runoff control facility.
ATCP 50.01(39)
(39) “Weighted average soil rental rate" means, for each county, the rate determined by the United States department of agriculture, farm service agency, on form CRP-2.
ATCP 50.01 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 04-005: r. and recr. (31)
Register October 2004 No. 586, eff. 11-1-04;
correction in (35) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2006 No. 611;
CR 08-075: am. (31)
Register April 2009 No. 640, eff. 5-1-09;
CR 13-016: cr. (2m), r. (11), cr. (15m), am. (17), (18) (a) to (c), (20), cr. (29m), am. (31) (a), (b), (33)
Register February 2014 No. 698, eff. 5-1-14;
CR 23-024: am. (2), (2m), (4), cr. (4m), (10g), (10r), (13m), am. (27), consol. (28) (intro.) and (b) and renum. to (28) and am., r. (28) (a), cr. (29s), r. (31), cr. (32m), (34m), am. (36) Register May 2024 No. 821, eff. 6-1-24; correction in (13m), (28) made under s. 35.17, Stats., Register May 2024 No. 821. ATCP 50.02
ATCP 50.02 Waivers. The department may grant a written waiver from any provision of this chapter if the department finds that the waiver is necessary to achieve the objectives of this chapter. The secretary shall sign each waiver under this section. The department may not waive a statutory requirement.
ATCP 50.02 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.04
ATCP 50.04 Farm conservation practices. Except as provided in s.
ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices:
ATCP 50.04(1)
(1)
Nonpoint source pollution control. A landowner shall implement conservation practices that achieve compliance with DNR performance standards under ss.
NR 151.02 to
151.08, in effect on June 1, 2018. A nutrient management plan developed in accordance with sub.
(3) may be used to demonstrate compliance with ss.
NR 151.04 and
151.075.
ATCP 50.04 Note
Note: Landowners who claim farmland preservation tax credits must comply with conservation standards as required under s.
91.80, Stats.
ATCP 50.04(2)
(2)
Soil erosion control. A landowner shall manage all lands where crops or feed are grown, including pastures, so that sheet, rill, and wind erosion rates on cropped and pastured soils do not exceed T-value. Sheet and rill erosion may be calculated using the RUSLE 2 equation or equivalent. Wind erosion may be calculated using the NRCS Wind Erosion Prediction System (WEPS).
ATCP 50.04 Note
Note: Copies of RUSLE 2 and the NRCS WEPS model are on file with the department and the legislative reference bureau. Copies of both models may also be obtained from the NRCS website at:
http://www.wi.nrcs.usda.gov/technical.
ATCP 50.04(3)(a)
(a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field, including pastures. A nutrient management plan shall comply with this subsection.
ATCP 50.04(3)(b)
(b) The plan shall include every field on which nutrients are applied, including pastures, and pastures stocked at an average rate of more than one animal unit per acre during the grazing season. Pastures are not required to be included in the plan if all of the following requirements are met:
ATCP 50.04(3)(b)1.
1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.
ATCP 50.04 Note
Note: The grazing season includes the months of the year when pasture vegetation is actively growing.
ATCP 50.04(3)(d)
(d) The plan shall be based on soil nutrient tests conducted at a laboratory certified under s.
ATCP 50.50 to conduct those tests. Soil tests are not required on pastures that do not receive mechanical applications of nutrients if either of the following applies:
ATCP 50.04(3)(d)1.
1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.
ATCP 50.04(3)(d)2.
2. The pastures are stocked at an average stocking rate of more than one animal unit per acre during the grazing season, and a nutrient management plan for the pastures complies with s.
NR 151.04 (2), using an assumed soil test phosphorus level of 150 parts per million and organic matter content of 6%.
ATCP 50.04(3)(de)
(de) A landowner may be required to provide documentation to the county land conservation committee that animal stocking rate and soil test values for pastures do not exceed the levels in par.
(b) 1. and
(d) 2., respectively.
ATCP 50.04(3)(dm)
(dm) If the nutrient management plan uses manure nutrient values, other than nutrient values of organic by-products regulated under ch.
NR 113,
204 or
214, the manure nutrient values shall be based on one of the following:
ATCP 50.04(3)(dm)1.
1. Standard values specified in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809 referenced in the NRCS conservation practice standard 590.
ATCP 50.04(3)(e)
(e) The plan shall comply with the NRCS conservation practice standard 590 nutrient management (December, 2015) except for sections IV. D., IV. E., and V., and shall also comply with the
Wisconsin Conservation Planning Technical Note WI-1 (February, 2016).
ATCP 50.04(3)(f)
(f) The plan may not recommend nutrient applications that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension in the 2012 edition of
Nutrient Application Guidelines for Field, Vegetable and Fruit Crops,
UWEX publication A2809, or in the latest edition of that publication if preferred by the landowner, unless the nutrient management planner can show that one or more of the following circumstances justifies the recommended application:
ATCP 50.04(3)(f)1.
1. A soil or tissue test reveals a specific nutrient deficiency. For supplemental in-season nitrogen applications, a nutrient management planner shall follow steps outlined in NRCS conservation practice standard 590 nutrient management (December 2015).
ATCP 50.04 Note
Note: Environmental conditions can make it challenging to assess nutrient deficiencies. In-field scouting is strongly recommended to verify the nutrient deficiency is not a result of pest or disease pressure, and that an additional nutrient application will resolve the observed deficiency.
ATCP 50.04(3)(f)2.
2. Excess nutrients are the result of an unforeseen change in the type of crop planted.
ATCP 50.04(3)(f)3.
3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.
ATCP 50.04(3)(f)4.
4.
Other special agronomic conditions documented by the nutrient management planner. A nutrient management planner who wishes to justify higher applications shall include credible information to show that the higher applications will not materially increase environmental damage.
ATCP 50.04(3)(g)
(g) The plan shall be consistent with any nutrient management plan required under ch.
NR 113,
204, or
214 if the landowner applies septage, municipal sludge, industrial waste, or industrial by-products to the land and in accordance with s.
ATCP 65.22 (6) (c). A landowner is not required to have a nutrient management plan under this subsection if the landowner applies primarily septage, municipal sludge, industrial waste, or industrial byproducts according to ch.
NR 113,
204, or
214.
ATCP 50.04(3)(gm)
(gm) A landowner or nutrient management planner qualified under s.
ATCP 50.48 (2) shall annually review a nutrient management plan to determine whether the plan accurately reflects the planned cropping, tolerable soil loss, nutrient application rates, and application methods. The plan shall be updated, by a nutrient management planner qualified under s.
ATCP 50.48, when necessary to reflect changes in those planned activities.
ATCP 50.04(3)(i)
(i) A landowner is rebuttably presumed to comply with this section if the landowner complies with a nutrient management plan that is prepared or approved by a nutrient management planner who is qualified under s.
ATCP 50.48.
ATCP 50.04(4)(a)(a) A landowner shall manage cropland to achieve compliance with the DNR performance standard for tillage setback under s.
NR 151.03.
ATCP 50.04(4)(b)
(b) A landowner is not required to establish a tillage setback distance greater than 5 feet unless all of the following conditions are met:
ATCP 50.04(4)(b)1.
1. The 5-foot setback distance is increased by the smallest increment necessary to achieve the purposes of s.
NR 151.03, but in no case greater than a total setback distance of 20 feet.
ATCP 50.04(4)(b)2.
2. In determining whether to increase the setback distance, county or other conservation professionals shall do all of the following:
ATCP 50.04(4)(b)2.a.
a. Consider bank materials, height, slope, cause of bank erosion, soil type, and other factors that affect bank integrity.
ATCP 50.04(4)(b)2.b.
b. Use best professional judgment, based on the latest technical standards and practices required under this chapter.
ATCP 50.04(4)(b)2.c.
c. Follow a consistent approach in making determinations for increased setback distances by consulting with NRCS or department engineering specialists.
ATCP 50.04(4)(b)2.d.
d. Provide the landowner with a written statement documenting the findings and conclusions in support of the increased setback distance.
ATCP 50.04(4)(c)
(c) Determinations regarding compliance with this standard may be appealed as authorized under s.
227.42, Stats., or other provisions of law.
ATCP 50.04(5)(a)(a) A landowner shall manage cropland or pasture, or both, to achieve compliance with DNR performance standard for Silurian Bedrock under s.
NR 151.075.
ATCP 50.04(5)(b)
(b) A landowner is not required to comply with this section unless all of the following conditions are met:
ATCP 50.04(5)(b)2.
2. The cropland or pasture, or both, is located in an area of Silurian bedrock.
ATCP 50.04(5)(c)
(c) A landowner is presumed to comply with this section if all of the following apply:
ATCP 50.04(5)(c)1.
1. The landowner's nutrient management plan is written in accordance with s.
ATCP 50.04 (3) and the plan incorporates the restrictions and prohibitions set forth in s.
NR 151.075 where applicable.
ATCP 50.04(5)(c)2.
2. The landowner uses any of the following, or any combination of the following:
ATCP 50.04(5)(c)2.a.
a. Silurian bedrock maps developed by the department of agriculture, trade and consumer protection, the department of natural resources, or both, maps available from the University of Wisconsin department of soil science, maps available from the Wisconsin geological and natural history survey, or NRCS soil survey maps.
ATCP 50.04(5)(c)3.
3. The landowner uses weather and precipitation predictions to determine the appropriate timing of manure application.
ATCP 50.04 Note
Note: The Runoff Risk Advisory Forecast is an optional tool that highlights the highest risk within the forecast period of 3 days, with an extended forecast period of 10 days in the presence of frozen soils or snow, found at:
http://www.manureadvisorysystem.wi.gov/runoffrisk/index.
ATCP 50.04 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 05-013: am. (3) (d), (e), (f) (intro.), 3. and (g), cr. (3) (dm) and (i), r. and recr. (3) (f) 4., r. (3) (f) 5. to 9.,
Register May 2007 No. 617, eff. 6-1-07;
CR 08-075: am. (3) (dm) 1. and (e)
Register April 2009 No. 640, eff. 5-1-09;
CR 13-016: am. (1), (2), (3) (a), renum. (3) (b) to (intro.) and am., cr. (3) (b) 1., 2., renum. (3) (d) to (intro.) and am., cr. (3) (d) 1., 2., (de), am. (3) (f) (intro.), cr. (3) (gm), am. (3) (h) (intro.), cr. (4)
Register February 2014 No. 698, eff. 5-1-14;
CR 14-047: am. (3) (dm) 1., (e)
Register May 2015 No. 713, eff. 6-1-15;
CR 16-083: am. (1), (3) (dm) 1., (e), (f) (intro.), (g)
Register January 2018 No. 745, eff. 2-1-18;
CR 23-024: am. (1), (2), (3) (a), (dm) 1., (e), (f) 1., 4., r. (3) (h), am. (3) (i), cr. (4) (c), (5) Register May 2024 No. 821, eff. 6-1-24; correction in (5) (d) made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.06
ATCP 50.06 Installing conservation practices. ATCP 50.06(1)(a)
(a) Conservation practices identified in subch.
VIII or the NRCS field office technical guide.
ATCP 50.06(2)
(2)
Funded practices. Conservation practices for which a landowner receives financial assistance under this chapter shall comply with subch.
VIII.
ATCP 50.06 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 23-024: am. (1) (a), (2) Register May 2024 No. 821, eff. 6-1-24. ATCP 50.08(1)(1)
General. A landowner engaged in agricultural practices in this state is not required to do any of the following, under s.
ATCP 50.04, unless the landowner receives a bona fide offer of cost-sharing:
ATCP 50.08(1)(a)
(a) Discontinue or modify cropping practices on existing cropland. In this paragraph, “existing cropland" has the meaning given in s.
NR 151.09 (4) (b).
ATCP 50.08(1)(b)
(b) Discontinue or modify an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation" has the meaning given in s.
NR 151.095 (5) (b).
ATCP 50.08(2)
(2)
Cost-share amount. A cost-share offer under sub.
(1) shall cover at least 70% of the landowner's cost to install and maintain each required conservation practice, or 90% of the landowner's cost if there is an economic hardship under s.
ATCP 50.42 (4).
ATCP 50.08(3)
(3)
Landowner's cost. A landowner's cost to install and maintain a conservation practice includes all of the following that apply:
ATCP 50.08(3)(a)
(a) The landowner's reasonable and necessary expenditures to install and maintain the conservation practice. This includes eligible installation costs identified in subch.
VIII, and costs for engineering services under s.
ATCP 50.40 (7).
ATCP 50.08(3)(b)
(b) The reasonable value of necessary labor, equipment, and supplies provided by the landowner in the installation and maintenance of the conservation practice for the period required under subch.
VIII or specified in the contract. This does not include normal operating routines such as clean-outs of barnyards, storage facilities, and gutters.
ATCP 50.08(3)(d)
(d) The landowner's cost to take or keep land out of agricultural production, if the landowner must take or keep more than
½
acre out of agricultural production in order to install or maintain the conservation practice. The landowner's cost, determined on the date of the cost-share contract, equals the sum of the annual costs that the landowner will incur over the maintenance period specified in the cost-share contract. The landowner's annual cost, for each year of the maintenance period, equals the number of affected acres multiplied by the per-acre weighted average soil rental rate in the county on the date of the cost-share contract. This paragraph does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.
ATCP 50.08(4)
(4)
Riparian land taken out of production; crep-equivalent payment.
