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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.
ATCP 50.02 ATCP 50.02Waivers. 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.
subch. II of ch. ATCP 50 Subchapter II — Soil and Water Conservation on Farms
Subch. II of ch. ATCP 50 Note Note: Under s. 281.16, Stats., DNR is primarily responsible for adopting performance standards to prevent pollution runoff from farms. The department of agriculture, trade and consumer protection (“DATCP") must prescribe conservation practices to implement the DNR performance standards. DATCP must also establish soil conservation and farm nutrient management requirements. This subchapter spells out a single set of farm conservation practices that incorporates DNR performance standards by reference. Counties play a major role in implementing conservation practices on farms (see subchapter III of this chapter). Conservation requirements are contingent on cost-sharing (see s. ATCP 50.08).
ATCP 50.04 ATCP 50.04Farm 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 May 1, 2014. A nutrient management plan developed in accordance with sub. (3) may be used to demonstrate compliance with s. NR 151.04.
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 fields including pastures, and related field practices, so that soil erosion rates on cropped and pastured soils do not exceed T-value.
ATCP 50.04 Note Note: See s. 92.025 (1), Stats., and s. NR 151.02. Soil erosion includes erosion caused by wind or water. For most soils, “T-value" is equivalent to 2 to 5 tons of soil loss per acre per year.
ATCP 50.04 Note Sheet and rill soil erosion from water is calculated according to the RUSLE 2 equation, published by NRCS. Wind erosion is calculated according to the NRCS Wind Erosion Prediction System (WEPS) model. 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) (3)Nutrient management plan.
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, after the date specified in par. (h). 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(3)(b)2. 2. The pastures do not receive mechanical applications of nutrients.
ATCP 50.04 Note Note: The grazing season includes the months of the year when pasture vegetation is actively growing.
ATCP 50.04(3)(c) (c) A nutrient management planner qualified under s. ATCP 50.48 shall prepare or approve the plan.
ATCP 50.04 Note Note: A landowner who has the knowledge and skills described in s. ATCP 50.48 (1) may prepare his or her own nutrient management plan. ATCP 50.48 does not require a planner to obtain a state certification, complete a training program, or hold specific professional credentials. Persons holding certain credentials are presumed to be qualified, but other persons may also demonstrate their qualifications by preparing sound nutrient management plans. A person may not misrepresent himself or herself as a qualified nutrient management planner.
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 technical guide standard 590.
ATCP 50.04 Note Note: The current 2012 version of UWEX pub. A2809 and subsequent editions are available at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.04(3)(dm)2. 2. Manure analyses conducted at a laboratory that complies with s. ATCP 50.50 (8).
ATCP 50.04(3)(e) (e) The plan shall comply with the NRCS technical guide nutrient management standard 590 (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 Note Note: The NRCS technical guide standard 590 (December, 2015) and the companion document Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) are on file with the department and the legislative reference bureau. Copies are available from a county land conservation department, a NRCS field office, the national NRCS website at: http://www.nrcs.usda.gov, the Wisconsin NRCS website at: www.wi.nrcs.usda.gov, or the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx. The NRCS technical guide standard 590 (December, 2015) includes the options for the development of a P management strategy when manure or organic by-products are applied during the crop rotation using either the Phosphorus Index (PI) or Soil Test Phosphorus Management Strategy. A person may obtain a checklist to gather information for a nutrient management plan by visiting the department's website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
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.
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 planner. A 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 Note Note: The 2006 and subsequent editions of the UWEX publication A2809 are available from a county extension agent. The 2006 and 2012 editions are also on file with the department and the legislative reference bureau. The latest edition of A2809 is available from the UWEX website at: http://learningstore.uwex.edu. Copies are also available from the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
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)(h) (h) Paragraph (a) first applies on the following dates for the following nonpasture lands:
ATCP 50.04(3)(h)1. 1. January 1, 2005, for land located in watersheds draining to outstanding or exceptional resource waters designated in ch. NR 102.
ATCP 50.04(3)(h)2. 2. January 1, 2005, for land located in watersheds draining to impaired waters that DNR has listed pursuant to 33 USC 1313 and 40 CFR 130.7, if the impairment relates to excessive nutrients.
ATCP 50.04(3)(h)3. 3. January 1, 2005, for land located in source water protection areas defined in s. NR 243.03.
ATCP 50.04(3)(h)4. 4. January 1, 2008, for other lands, except that it first applies to new cropland as described by s. NR 151.09 (4) (b) on October 1, 2003.
ATCP 50.04 Note Note: The delayed effective dates under par. (h) correspond to the delayed effective dates under s. NR 151.07.
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, other than the farmer, who is qualified under s. ATCP 50.48.
ATCP 50.04(4) (4)Tillage setback.
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 Note Note: Conservation practices such as critical area stabilization, grade stabilization, and shoreland protection should be installed if necessary to stabilize the bank and protect its integrity. Determinations regarding compliance with this standard may be appealed as authorized under s. 227.42, Stats., or other provisions of law. Landowners may achieve compliance with this standard by enrolling riparian land in the CREP program or other federal set-aside programs.
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.
ATCP 50.06 ATCP 50.06Installing conservation practices.
ATCP 50.06(1)(1) General. A landowner may use any of the following to comply with s. ATCP 50.04, unless s. ATCP 50.04 mandates a specific practice:
ATCP 50.06(1)(a) (a) Conservation practices identified in subch. VIII or the NRCS technical guide.
ATCP 50.06(1)(b) (b) Other conservation practices that comply with s. ATCP 50.04.
ATCP 50.06(2) (2)Funded practices. Conservation practices for which a landowner receives a cost-share grant under this chapter shall comply with subch. VIII.
ATCP 50.06 Note Note: A county land conservation committee can provide landowners with a helpful document called “Farmland Conservation Choices: A Guide to Environmentally Sound Practices for Wisconsin Farmers." The committee can also recommend conservation practices that are appropriate for the landowner's farm. Cost-share grants may be available to help landowners install or maintain recommended practices. Landowners may contact their county land conservation committee to apply for cost-share grants. If a landowner receives a cost-share grant for a conservation practice, that practice must comply with subch. VIII.
ATCP 50.06 Note Counties have land and water resource management plans to promote compliance with farm conservation requirements (see s. ATCP 50.12). Counties will seek voluntary compliance and will offer information, cost-sharing, and technical assistance to help landowners comply.
ATCP 50.06 Note As a last resort, a county may seek enforcement action against a landowner who refuses to implement required conservation practices. A county may not seek enforcement action until it complies with applicable cost-sharing requirements under s. ATCP 50.08. A county may pursue any of the following enforcement options, as appropriate:
ATCP 50.06 Note The county may suspend a violator's eligibility for farmland preservation tax credits (see s. ATCP 50.16(6)).
ATCP 50.06 Note DNR may issue a notice of discharge, requiring a violator to obtain a pollution discharge permit from DNR (see ch. NR 243).
ATCP 50.06 Note The department of justice or a district attorney may file a civil forfeiture action against the violator (see s. 281.98, Stats.).
ATCP 50.06 Note The county may take action to enforce its own ordinance, if any.
ATCP 50.06 Note A town, city, or village may take action to enforce its own ordinance, if any.
ATCP 50.06 NoteCounty compliance procedures should be consistent with this chapter and ss. NR 151.09 and 151.095. A county should spell out compliance procedures in its land and water resource management plan, as provided in s. ATCP 50.12 (2). The department and DNR will work with counties to develop suggested guidelines for county compliance programs.
ATCP 50.06 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.08 ATCP 50.08Cost-sharing required.
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 Note Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify cropping practices on “existing cropland" in order to comply with a DNR performance standard. Other cropland must comply with relevant DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note Land qualifies as “existing cropland" if it was being cropped on the effective date of the relevant DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note If cropland complies with a DNR performance standard after that standard takes effect, it no longer qualifies as “existing cropland" for cost-share purposes under that performance standard. If the cropland later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
ATCP 50.08 Note Land not cropped on the effective date of a DNR performance standard, but returned to cropping at a later date, may qualify as “existing cropland" if it is returned to cropping within 10 years after cropping was halted.
ATCP 50.08 Note Cropland enrolled in a federal conservation program on October 1, 2002, qualifies as “existing cropland" when it comes out of the federal program unless the cropland is re-enrolled.
ATCP 50.08 Note A landowner may be eligible for cost-sharing, even if the landowner is not entitled to cost-sharing under par. (a). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
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 Note Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify an “existing" livestock facility or operation in order to comply with a DNR performance standard. Other livestock facilities and operations must comply with DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note A livestock facility or operation qualifies as an “existing" facility or operation if it existed on the effective date of the DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note If a livestock facility or operation complies with a DNR performance standard after that standard takes effect, it no longer qualifies as an “existing" facility or operation for cost-share purposes under that performance standard. If the facility or operation later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
ATCP 50.08 Note A livestock facility that existed but held no livestock on the effective date of a DNR performance standard may qualify as an “existing" facility if it is restocked within 5 years after livestock were last present.
ATCP 50.08 Note If a landowner voluntarily expands or alters a livestock facility after the effective date of a DNR performance standard, the newly constructed portion of the facility will not qualify as an “existing" facility for cost-share purposes under that performance standard. (There are limited exceptions.)
ATCP 50.08 Note A landowner may be eligible for cost-sharing, even if the landowner is not entitled to cost-sharing under par. (b). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
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 Note Note: See ss. 92.07 (2), 92.15 (4) and 281.16 (3) (e), Stats. Subsection (1) requires a bona fide offer of cost-sharing, not necessarily an acceptance. A county may impose a reasonable deadline by which a landowner must accept or reject the county's bona fide cost-share offer under sub. (1). See s. ATCP 50.54 (2) related to cost-sharing for conservation practices required under a county or local ordinance.
ATCP 50.08 Note The minimum cost-share requirement under subs. (1) and (2) does not apply if a landowner voluntarily installs a cost-shared practice. In a voluntary transaction, the county is free to negotiate a grant amount with a landowner (up to the maximum amounts provided in s. ATCP 50.42). But if a county requires a landowner to install a conservation practice, the county must comply with applicable cost-share requirements under subs. (1) and (2). The cost-share grant may come from one or more sources, as provided under sub. (7).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.