Chapter ATCP 50

ATCP 50.42(2)(g) (g) For harvestable buffers, annual per-acre financial assistance shall not exceed the average soil rental rate for the county set by the United States department of agriculture during the most recent sign-up for the Conservation Reserve Program.

ATCP 50.42 Note Note: For current soil rental rates, see USDA-Farm Service Agency Conservation Reserve Program statistics at www.fsa.usda.gov

ATCP 50.42(3) (3) Maximum grant to relocate animal feeding operation. No cost-share grant to relocate an animal feeding operation may exceed 70% of the estimated cost to install a manure management system or related practices needed to resolve or prevent water quality problems at the abandoned site, or 70% of the eligible relocation costs at the new site, whichever site cost is less. Not more than $5,000 of the cost-share grant may be used to transport livestock from the abandoned site to the new site.

ATCP 50.42(4) (4) Economic hardship. A landowner of a farm operation qualifies for economic hardship treatment if all the following apply:

ATCP 50.42(4)(a) (a) A certified public accountant or accredited financial institution certifies all the following to the county land conservation committee, based on a farm financial statement prepared according to generally accepted accounting principles:

ATCP 50.42(4)(a)1. 1. The landowner is unable to make the cost-share contribution normally required of a landowner under sub. (1).

ATCP 50.42(4)(a)2. 2. The landowner will be able to pay the balance of the cost to install the cost-shared practice if the landowner receives cost-sharing at the economic hardship rate.

ATCP 50.42(4)(b) (b) The landowner certifies, in a sworn affidavit to the county land conservation committee, that the landowner has provided to the certified public accountant or accredited financial institution under par. (a) a full and true disclosure of the landowner’s financial condition, including a copy of the landowner’s latest federal tax return. The landowner shall make the affidavit on a form provided by the department.

ATCP 50.42(5) (5) Review of economic hardship determination. The department may review of an economic hardship determination under sub. (4). The landowner and the person certifying the economic hardship shall make available for department inspection or copying, at the department’s request, documents used to support the economic hardship determination. The department may invalidate a determination that fails to comply with standards under sub. (4).

ATCP 50.42 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (2) (b) to (d) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: cr. (1) (bm), (dg), (dr), am. (4) (intro.) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (title), (1) (a), (b), (dg) (intro.), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (1) (title) made under s. 13.92 (4) (b) 2., Stats., correction in (2) (b) (intro.) made under s. 35.17, Stats., Register May 2024 No. 821.

subch. VI of ch. ATCP 50 Subchapter VI — Soil and Water Professionals

ATCP 50.46 ATCP 50.46 Conservation engineering practitioners.

ATCP 50.46(1) (1) General.

ATCP 50.46(1)(a) (a) A conservation engineering practitioner certified under this section, or approved under a parallel federal program identified in par. (b), may implement the agricultural or other conservation engineering practices in ch. 92, Stats., or s. 281.65, Stats., and perform any of the following activities consistent with the person’s level of certification under this section:

ATCP 50.46(1)(a)1. 1. Certify the design specifications for a conservation engineering practice under sub. (2).

ATCP 50.46(1)(a)2. 2. Certify that a conservation engineering practice under sub. (2) has been installed according to an approved design, and according to applicable standards and specifications.

ATCP 50.46(1)(a)3. 3. Engage in planning review and other engineering functions related to the installation of engineered conservation practices under sub. (2).

ATCP 50.46(1)(b) (b) The department shall operate its certification program under this section, to the extent possible, in conformance with the NRCS, or any other applicable federal agency system of engineering job approval authority.

ATCP 50.46(1)(c) (c) For funding purposes under this chapter or ch. NR 120, no person, other than a conservation engineering practitioner certified under this section or a professional engineer registered under ch. 443, Stats., may certify that conservation practices were properly designed or installed in compliance with standards under this chapter or s. 281.65, Stats.

ATCP 50.46 Note Note: See ss. 92.18 and 443.14 (10), Stats. A state or county employee certified under this section is exempt from the professional engineering registration requirements of ch. 443, Stats., when engaged in state or county activities under ch. 92, Stats., or s. 281.65, Stats., regardless of whether the activities are funded under this chapter.

ATCP 50.46(1)(d) (d) Notwithstanding par. (c), a well driller or pump installer registered under s. 280.15, Stats., may certify a well construction or decommissioning under this subsection and an architect registered under ch. 443, Stats., may certify a roof under this subsection.

ATCP 50.46(2) (2) Conservation engineering practices. For purposes of this section, a conservation engineering practice includes any of those practices identified in subch. VIII, authorized by the department under s. ATCP 50.40 (3), allowed under s. 281.65, Stats., or approved and published, as part of the NRCS field office technical guide or as a formal technical standard by the DNR.

ATCP 50.46 Note Note: The DNR publishes its technical standards on its website at, for example: http://dnr.wi.gov/topic/stormwater/standards/index.html.

ATCP 50.46(2m) (2m) State soil and water conservation engineer. The department may designate an employee as the state soil and water conservation engineer. The designated person shall be a professional engineer registered under ch. 443, Stats., and demonstrate sufficient training and experience to carry out the functions of the position. The state soil and water conservation engineer shall do all of the following:

ATCP 50.46(2m)(a) (a) Oversee the work of the field engineers who are responsible for certifying conservation engineering practitioners under this section.

ATCP 50.46(2m)(b) (b) Conduct engineering activities requiring job approval authority ratings higher than those authorized under this section including job class ratings of V and above.

ATCP 50.46(3) (3) Conservation engineering practitioner; initial certification and recertification.

ATCP 50.46(3)(a) (a) A person who wishes to be certified as a conservation engineering practitioner shall apply to the department or a county land conservation committee. The department or the county land conservation committee shall promptly refer the application to the department’s designated field engineer. The field engineer shall evaluate the applicant and issue a decision granting or denying the request.

ATCP 50.46(3)(b) (b) Applicants for certification shall apply on a form provided by the department. The application form shall include all of the following:

ATCP 50.46(3)(b)1. 1. The name and affiliation of the person applying for certification, and the name and affiliation of each DATCP, NRCS, or other agency personnel authorized to grant certification to the applicant.

ATCP 50.46(3)(b)2. 2. The practices for which certification may be granted, including specific practice types and applicable references to the NRCS technical guide and other formal technical standards authorized under this section.

ATCP 50.46(3)(b)3. 3. The controlling factor used to distinguish different classes of certification within each practice, and the specific application of the factor to the 5 levels for which certification can be obtained.

ATCP 50.46(3)(b)4. 4. A maximum certification rating level in the 3 areas of competency for each practice that the applicant is qualified to perform, as specified in sub. (5).

ATCP 50.46(3)(b)5. 5. Any other information the department determines to be reasonably necessary for certification purposes including certification for practice standards approved by entities other than NRCS.

ATCP 50.46 Note Note: A person may obtain a certification form by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx, or by writing to the following address:

ATCP 50.46 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 50.46 Note Division of Agricultural Resource Management

ATCP 50.46 Note P.O. Box 8911

ATCP 50.46 Note Madison, WI 53708-8911

ATCP 50.46(3)(c) (c) Certifications issued under this section are for a term of three years and automatically renew unless any of the following occur:

ATCP 50.46(3)(c)1. 1. The practitioner is not employed by an entity with a supervisor who is authorized to sign the certification.

ATCP 50.46(3)(c)2. 2. The practitioner fails to meet the education requirements.

ATCP 50.46(3)(c)3. 3. The practitioner has failed to provide or update information required for certification under par. (b).

ATCP 50.46(3)(c)4. 4. The practitioner has rescinded the signature on the certification or otherwise indicates an intent to surrender the certification.

ATCP 50.46(4) (4) Evaluating applicants for certification.

ATCP 50.46(4)(a) (a) To evaluate an applicant under sub. (3), the department’s field engineer shall complete a department certification form. The field engineer shall rate the applicant under sub. (5) based on the applicant’s demonstrated knowledge, training, experience, and record of appropriately seeking assistance. Evaluations shall be fair and consistent.

ATCP 50.46(4)(b) (b) To evaluate an applicant, the department’s field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.

ATCP 50.46(5) (5) Certification rating.

ATCP 50.46(5)(a) (a) For each type of agricultural or other conservation engineering practice identified in the required certification form, the department’s field engineer shall identify the most complex of the 5 job classes in the practice for which the applicant is authorized to do each of the following:

ATCP 50.46(5)(a)1. 1. Conduct planning activities, including site inventory and evaluation functions to define alternative engineering solutions.

ATCP 50.46(5)(a)2. 2. Certify that design specifications for jobs in that class comply with those identified in subch. VIII, authorized by the department under s. ATCP 50.40 (3), allowed by s. 281.65, Stats., or approved and published, as part of the NRCS field office technical guide or as a formal technical standard by the DNR.

ATCP 50.46(5)(a)3. 3. Certify that jobs in that class have been installed according to the approved design, and according to any applicable standards and specifications.

ATCP 50.46(5)(c) (c) In cases where department field engineers may be required to provide a job certification approval level at a level higher than their own, they should consult with a person who has appropriate certification levels in the areas being rated. A person who is certified at a job level under par. (a) may certify their own work at that level for any purpose including funding authorized under this chapter.

ATCP 50.46(6) (6) Certification decision.

ATCP 50.46(6)(a) (a) The department’s field engineer shall act on a certification application under sub. (3) within 30 days after the field engineer receives that application, provided that the applicant promptly submits relevant information and documentation requested by the field engineer.

ATCP 50.46 Note Note: When recertifying an applicant who was previously certified by the department or NRCS, the department’s field engineer may raise one or more rating levels, lower one or more rating levels, or reaffirm one or more rating levels.

ATCP 50.46(6)(b) (b) Whenever the department’s field engineer certifies a conservation engineering practitioner, the field engineer shall issue a written certification on the department’s certification form. The certification becomes effective when signed by all of the following:

ATCP 50.46(6)(b)1. 1. The field engineer.

ATCP 50.46(6)(b)2. 2. The practitioner certified.

ATCP 50.46(6)(b)3. 3. The practitioner’s supervisor if any.

ATCP 50.46(6)(c) (c) Whenever the department’s field engineer denies a request under sub. (3) for a specific certification rating, the field engineer shall issue the denial in writing and shall specify the reasons for the denial.

ATCP 50.46(6)(d) (d) The department’s field engineer shall retain a copy of each certification under par. (b), each denial under par. (c), and any other documentation received or compiled in connection with an application under sub. (3).

ATCP 50.46(7) (7) Reviewing certification ratings.

ATCP 50.46(7)(a) (a) A department field engineer shall review each certification rating under sub. (5) at least once every 3 years, and may review a rating at any time. A field engineer shall review a rating whenever a certified conservation engineering practitioner requests that review.

ATCP 50.46(7)(b) (b) Based on a review under par. (a), a department field engineer shall issue a new certification rating which reaffirms or modifies the prior rating under sub. (5). The field engineer shall provide a copy of each new rating to the person rated. The field engineer may not reduce a rating except for good cause.

ATCP 50.46(7)(c) (c) A field engineer shall document, in writing, the field engineer’s reasons for reducing a certification rating under sub. (5), or for refusing to make a requested rating change. The field engineer shall provide that documentation to the person rated, and to that person’s supervisor if any.

ATCP 50.46(8) (8) Appeals.

ATCP 50.46(8)(a) (a) An affected person may appeal a field engineer’s action under sub. (5), (6) or (7). The affected person shall file that person’s appeal in writing, with the field engineer, within 10 business days after the applicant receives notice of the field engineer’s action. The appeal shall identify the specific matters in dispute and the specific basis for the appeal.

ATCP 50.46(8)(b) (b) Within 15 business days after the department’s field engineer receives an appeal under par. (a), the field engineer shall hold an informal meeting with the appellant. The meeting may include a representative of the county land conservation committee. The field engineer may hold the informal meeting in person or by telephone.

ATCP 50.46(8)(c) (c) If an appeal cannot be resolved after an informal meeting under par. (b), the field engineer shall forward the appeal to a department reviewer designated by the administrator of the department’s agricultural resource management division. The reviewer shall hold an informal hearing on the appeal within 10 business days after the reviewer receives the appeal, unless the applicant agrees to a later date for the informal hearing. The reviewer shall hold the informal hearing by telephone or at a location determined by the reviewer. Within 10 business days after the conclusion of the informal hearing, the reviewer shall issue a written decision which affirms, reverses, or modifies the field engineer’s action. The reviewer shall provide a copy of the reviewer’s written decision to the applicant. The decision shall include a notice of the applicant’s right to request a contested case hearing under par. (d).

ATCP 50.46(8)(d) (d) If an applicant disputes the reviewer’s decision under par. (c), the applicant may file a request with the department under s. 227.42, Stats., for a contested case hearing under ch. 227, Stats., and ch. ATCP 1.

ATCP 50.46(9) (9) Suspending or revoking certification.

ATCP 50.46(9)(a) (a) The department may, for cause, suspend or revoke a certification under this section. The department may summarily suspend a certification, without prior notice or hearing, if the department makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety, or welfare.

ATCP 50.46(9)(b) (b) An order suspending or revoking a certification shall be signed by the secretary or the secretary’s designee. Proceedings to suspend or revoke a certificate shall be conducted according to ch. 227, Stats., and ch. ATCP 1.

ATCP 50.46 Note Note: See ss. 92.18 (6) and 93.06 (7), Stats.

ATCP 50.46(9)(c) (c) The department shall notify all of the following persons of any suspension or revocation under this subsection:

ATCP 50.46(9)(c)1. 1. Any land conservation committee, state agency, or federal agency that employs the individual whose certification is suspended or revoked.

ATCP 50.46(9)(c)2. 2. State and federal agencies that provide cost-share funds for conservation engineering practices.

ATCP 50.46(9)(d) (d) The reduction of a certification rating under sub. (7) does not constitute a suspension or revocation under this subsection.

ATCP 50.46(10) (10) Certification guidelines. The department may publish guidelines for the certification of conservation engineering practitioners under this section. The guidelines may include suggested or required courses, training activities, and types of knowledge and experience that may help applicants qualify for certification at specified rating levels, or be required in order to retain certification at certain rating levels.

ATCP 50.46(11) (11) Signature and date required; approvals.

ATCP 50.46(11)(a) (a) Whenever a person certified under this section approves or submits for approval any document related to the design or construction of a conservation engineering practice under sub. (2), that person shall sign and date that document.

ATCP 50.46(11)(b) (b) Any engineered practice designed by a person certified under this section shall include project documentation establishing that the practice was designed according to applicable standards, and that the design was reviewed and approved for compliance with those standards. Any person approving a design shall have job approval authority at the level required by the engineered practice. For practices requiring a job class authority of III or higher, at least one person other than the practice designer shall review and sign the design as being checked before the design can be approved. For practices requiring job class authority of I or II, the person preparing the design may also review and approve the design.

ATCP 50.46(12) (12) Scope of certification. No certified conservation engineering practitioner may, for any purpose, including funding under this chapter or s. 281.65, Stats., certify any matter under sub. (5) (a) in a job class more complex than that for which the practitioner is authorized under sub. (5) (a). In the event a practitioner exceeds the authority authorized for certifying conservation practices, the department shall review the matter and may take action under sub. (7) or (9).

ATCP 50.46 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (2) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (title), r. and recr. (1), (2), cr. (2m), am. (3) (title), renum. (3) to (a) and am., cr. (3) (b), am. (4) (a), (5) (a) (intro.), renum. (5) (a) 1. and 2. to (5) (a) 2. to 3. and am., cr. (5) (a) 1., am. (6) (b), (7) (a), (9) (c) 2., (10), (11) (title), renum. (11) to (11) (a) and am., cr. (11) (b), am. (12) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (title), cr. (3) (c) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1) (d), (2), (5) (a) 2., r. (5) (b), cr. (5) (c), am. (7) (c), (8) (a), (c), (9) (c) 1., (11) (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.48 ATCP 50.48 Nutrient management planners.

ATCP 50.48(1) (1) Qualifications. To be qualified under ss. 281.65, 281.66, Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:

ATCP 50.48(1)(a) (a) Compliance with the NRCS conservation practice standard 590.

ATCP 50.48(1)(b) (b) Soil testing.