Chapter ATCP 50

ATCP 50.50(7) (7) Denying or withdrawing certification.

ATCP 50.50(7)(a) (a) The department may deny, suspend, revoke, or impose conditions on a certification under this section if the department finds that the laboratory has done any of the following:

ATCP 50.50(7)(a)1. 1. Failed to submit a complete application under sub. (2).

ATCP 50.50(7)(a)2. 2. Failed to perform soil tests with reasonable accuracy.

ATCP 50.50(7)(a)3. 3. Failed to comply with applicable requirements under this section.

ATCP 50.50(7)(a)4. 4. Falsified relevant information.

ATCP 50.50(7)(b) (b) If the department denies, suspends, revokes, or imposes conditions on a laboratory certification, the department shall give the laboratory operator written notice of the department’s reasons for that action.

ATCP 50.50(7)(c) (c) A laboratory operator may request a contested case hearing under s. 227.42, Stats. and ch. ATCP 1 on the department’s action under this subsection.

ATCP 50.50(8) (8) Manure testing laboratories. Manure nutrient values determined by laboratory analyses do not qualify under s. ATCP 50.04 (3) (dm) 2. unless the laboratory performing those analyses complies with all of the following:

ATCP 50.50(8)(a) (a) The laboratory participates in the manure analysis proficiency program administered by the Minnesota department of agriculture, or in an equivalent proficiency program administered by the University of Wisconsin soil analysis laboratory, and provides copies of proficiency reports to the department upon request.

ATCP 50.50 Note Note: A manure testing laboratory may qualify under sub. (8), regardless of whether the laboratory is certified as a soil testing laboratory under sub. (1). A laboratory may contact the department, at the following address, for information on how to enroll in a manure analysis proficiency program under par. (a):

ATCP 50.50 Note Wis. Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
Nutrient Management Program
PO Box 8911
Madison, WI 53708-8911

ATCP 50.50(8)(b) (b) The laboratory is capable of performing all of the following manure analyses according to methods prescribed by the University of Wisconsin-Extension in Recommended Methods of Manure Analysis, UWEX publication A3769 (2003):

ATCP 50.50(8)(b)1. 1. Percent dry matter (DM).

ATCP 50.50(8)(b)2. 2. Total nitrogen.

ATCP 50.50(8)(b)3. 3. Total phosphorus expressed as P205.

ATCP 50.50(8)(b)4. 4. Total potassium expressed as K20.

ATCP 50.50 Note Note: The University of Wisconsin-Extension publication, Recommended Methods of Manure Analysis, UWEX publication A3769 (2003), is on file with the department and legislative reference bureau. Copies may be obtained by visiting the UWEX website at: http://learningstore.uwex.edu.

ATCP 50.50(8)(c) (c) The laboratory is capable of estimating total and available nutrient levels based on the manure tests under par. (b) and the availability percentages shown in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops in Wisconsin, UWEX publication A2809 (2012).

ATCP 50.50(9) (9) Conflict of interest. For the purpose of complying with s. ATCP 50.04 (3) a privately owned laboratory certified under this section shall not perform soil test analysis on cropland managed or owned by a person managing or having a substantial financial interest in the laboratory.

ATCP 50.50 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (2) (intro.), (b), (c), (d) 2., and (f), cr. (8) Register May 2007 No. 617, eff. 6-1-07; CR 08-075: am. (2) (d) (intro.) and (8) (c) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (intro.), (d), (4) (intro.) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (d) (intro.), (8) (c), cr. (9) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: cr. (7) (c) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.52 ATCP 50.52 Training for county staff.

ATCP 50.52(1) (1) Role of the department. The department, in consultation with the county land conservation committees and the training advisory committee appointed under sub. (2), may do any of the following to ensure adequate training of county land conservation committee staff who administer programs under this chapter or s. 281.65, Stats.:

ATCP 50.52(1)(a) (a) Determine training needs and priorities.

ATCP 50.52(1)(b) (b) Identify training opportunities and resources.

ATCP 50.52(1)(c) (c) Make training recommendations.

ATCP 50.52(1)(d) (d) Approve training programs funded under this chapter.

ATCP 50.52(1)(e) (e) Coordinate the delivery of training.

ATCP 50.52(1)(f) (f) Provide training and assess fees to cover training costs.

ATCP 50.52(1)(g) (g) Issue training guidelines and requirements for certified conservation engineering practitioners under s. ATCP 50.46 (10).

ATCP 50.52(1)(h) (h) Distribute training funds to counties under s. ATCP 50.32.

ATCP 50.52(2) (2) Training advisory committee. The department shall appoint a training advisory committee to advise the department on training activities under sub. (1). The committee shall include representatives of all of the following:

ATCP 50.52(2)(a) (a) DNR.

ATCP 50.52(2)(b) (b) NRCS.

ATCP 50.52(2)(c) (c) The University of Wisconsin-Extension.

ATCP 50.52(2)(d) (d) The statewide association representing land conservation committees and their staffs.

ATCP 50.52 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (g), (2) (d), r. (2) (e) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (c) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (c) made under s. 13.92 (4) (b) 6., Stats., Register May 2024 No. 821.

subch. VII of ch. ATCP 50 Subchapter VII — Local Regulation

ATCP 50.54 ATCP 50.54 Local regulations; general.

ATCP 50.54(1) (1) Review of local regulations. The department may review and comment on local regulations.

ATCP 50.54 Note Note: Local conservation requirements should be consistent with this chapter (see ss. 92.05 (1), (3) (c) and (L), 92.07 (2), 92.11, 92.15 (2) to (4), 92.16, 92.17, 93.90, and 281.16 (3), Stats.). A local regulation may not require a livestock operator to obtain a license or permit for a new or expanding livestock operation, except as specifically authorized under s. 93.90, Stats., and ch. ATCP 51. When exercising their approval authority under the livestock facility siting law, political subdivisions may be limited in their application of local manure storage ordinances adopted under s. 92.16, Stats., and s. ATCP 50.56. (See s. ATCP 51.10 (1)).

ATCP 50.54(2) (2) Cost-sharing required.

ATCP 50.54(2)(a) (a) No county, local government, or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government, or tribe first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:

ATCP 50.54(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).

ATCP 50.54(2)(a)2. 2. Require a conservation practice that discontinues or modifies 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 50.54(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan under s. ATCP 50.04 (3) when required by any of the following:

ATCP 50.54(2)(b)1. 1. A permit for a manure storage system voluntarily constructed by a landowner.

ATCP 50.54(2)(b)2. 2. A permit required for a new or expanding livestock facility operation regulated under ch. ATCP 51.

ATCP 50.54(2)(c) (c) Paragraph (a) does not limit any of the following:

ATCP 50.54(2)(c)1. 1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.

ATCP 50.54(2)(c)2. 2. County action under s. ATCP 50.16 (6) to suspend a landowner’s eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).

ATCP 50.54(2)(c)3. 3. Enforcement of an existing cost-share contract.

ATCP 50.54 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (b) (intro.) Register January 2018 No. 745, eff. 2-1-18.

ATCP 50.56 ATCP 50.56 Manure storage systems; ordinance.

ATCP 50.56(1) (1) General. A county, city, village, or town may adopt an ordinance under s. 92.16, Stats., that establishes standards for manure storage systems.

ATCP 50.56(2) (2) Contents. An ordinance adopted under s. 92.16, Stats., shall include all of the following:

ATCP 50.56(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(c) (c) Definitions of significant terms used in the ordinance.

ATCP 50.56(2)(d) (d) Construction provisions under sub. (3).

ATCP 50.56(2)(e) (e) Closure provisions under sub. (4), if any.

ATCP 50.56(2)(f) (f) Conditions, if any, under which the county, city, village, or town may require the closure of a manure storage system.

ATCP 50.56(2)(g) (g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the annual submission of a nutrient management plan that complies with s. ATCP 50.04 (3).

ATCP 50.56 Note Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.

ATCP 50.56(2)(h) (h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

ATCP 50.56(2)(i) (i) Provisions, if any, related to the initial applicability and severability of the ordinance.

ATCP 50.56(2)(j) (j) The effective date of the ordinance.

ATCP 50.56(3) (3) Construction provisions.

ATCP 50.56(3)(a) (a) An ordinance adopted under s. 92.16, Stats., shall establish requirements for constructing a new or modified manure storage system, including storage and transfer components to handle manure.

ATCP 50.56 Note Note: See s. ATCP 50.01 (20).

ATCP 50.56(3)(b) (b) An ordinance adopted under s. 92.16, Stats., shall include provisions that do all of the following:

ATCP 50.56(3)(b)1. 1. Prohibit construction of any part of a manure storage system without a permit from the county, city, village, or town that adopts the ordinance.

ATCP 50.56(3)(b)2. 2. Require submission of a construction plan, a drawing reflecting design changes made during construction, and documentation certifying that the system was installed in accordance with technical standards.

ATCP 50.56 Note Note: Ordinances should provide sufficient time for the local governmental unit to review engineering plans and specifications submitted by applicants. The timelines in s. NR 243.15 (1) (b) and s. ATCP 51.32 are designed to enable permit issuers to thoroughly review today’s complex systems for completeness and conformance with applicable standards. Local governmental units should make every effort to coordinate their permit reviews with other government programs conducting similar reviews.

ATCP 50.56(3)(b)3. 3. Require a nutrient management plan that complies with s. ATCP 50.04 (3).

ATCP 50.56(3)(b)4. 4. Require consistency with state performance standards and prohibitions, and require construction in accordance with conservation practice standards including all of the following:

ATCP 50.56(3)(b)4.a. a. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.56(3)(b)4.b. b. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.56(3)(b)4.c. c. Other applicable NRCS conservation practice standards.

ATCP 50.56(3)(b)4.d. d. Applicable DNR requirements under s. 281.65 (4) (g) 5., Stats.

ATCP 50.56(4) (4) Closure provisions. An ordinance adopted under s. 92.16, Stats., may prohibit any person from closing a manure storage system unless that person does all of the following:

ATCP 50.56(4)(a) (a) Submits a closure plan for approval by the county, city, village, or town. The closure plan shall comply with the waste facility closure provisions contained in the NRCS conservation practice standard 360 waste facility closure (June, 2021).

ATCP 50.56 Note Note: The NRCS conservation practice standard 360 is on file with the department and the legislative reference bureau.

ATCP 50.56(4)(b) (b) Obtains a permit for the closure.

ATCP 50.56(4)(c) (c) Complies with the approved closure plan under par. (a).

ATCP 50.56(5) (5) County review. Before a county, city, village, or town adopts or amends a manure storage ordinance under s. 92.16, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

ATCP 50.56(6) (6) Department oversight. The department may require a county, city, village, or town to submit a proposed or adopted ordinance to the department for review to determine consistency with this chapter in connection with the administration of an ordinance under s. 92.16, Stats. The department may ask the county, city, village, or town for information that it needs to perform the review.

ATCP 50.56 Note Note: See s. 92.05 (3) (L), Stats.

ATCP 50.56 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (c) 1., 2. and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (e), (f), r. and recr. (3), am. (4) (title), (intro.), (a) to (c), (6) (title), renum. (6) to (6) (intro.) and (b) and am., cr. (6) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 4. a., b. Register May 2015 No. 713, eff. 6-1-15; correction in (3) (b) 4. a. made under s. 35.17, Stats., Register May 2015 No. 713; CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (b) 4. (intro.), a. to c., (4) (a), renum. (6) (intro.) to (6) and am., r. (6) (a), (b) Register May 2024 No. 821, eff. 6-1-24.