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ATCP 50.64(5) (5)Design, construction, and maintenance. A cost-share grant may not reimburse any costs for a barnyard runoff control system unless all of the following conditions are met:
ATCP 50.64(5)(a) (a) The system complies with applicable design, construction, and maintenance standards under this subchapter and NRCS technical guide heavy use area protection standard 561 (August, 2015).
ATCP 50.64(5)(b) (b) The landowner agrees to a 10 year maintenance period for the barnyard runoff control system, and any nutrient management plan required under par. (c), unless the landowner discontinues the animal feeding operation.
ATCP 50.64(5)(c) (c) The landowner agrees to maintain a nutrient management plan for 10 years if the landowner receives more than $25,000 in DATCP cost-share payments for the runoff control system.
ATCP 50.64 Note Note: A barnyard runoff control system may include one or more of the practices listed in this section. Standards for the listed practices are contained in other sections of this subchapter. Any of the listed practices may also be cost-shared in a project which is not a barnyard runoff control project. The NRCS technical guide standard 561 is on file with the department and the legislative reference bureau. Copies can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.64 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (1) (t) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (a), (b), (e), (5) (a), (b), cr. (5) (c) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1) (e), (5) (a) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (1) (e), (5) (a) Register August 2016 No. 728, eff. 9-1-16.
ATCP 50.65 ATCP 50.65Access road.
ATCP 50.65(1) (1) Definition. In this section, “access road" means a road or pathway that confines or directs the movement of livestock, farm equipment, or vehicular traffic, and that is designed and installed to control surface water runoff, to protect an installed practice, or to prevent erosion.
ATCP 50.65(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of installing conservation practices necessary to prevent water quality impairment that may result from the construction of an access road if the access road is needed to comply with applicable state or local regulations.
ATCP 50.65 Note Note: An eligible practice could be a culvert.
ATCP 50.65(2m) (2m)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not be used to cover the costs for road surfacing and other road construction activities beyond the area necessary to address the soil and water resource problem for which the practice was installed.
ATCP 50.65(3) (3)Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of establishing water quality practices associated with an access road unless all of the following conditions are met:
ATCP 50.65(3)(a) (a) The access road complies with all of the following that apply:
ATCP 50.65(3)(a)1. 1. NRCS technical guide access road standard 560 (October, 2014).
ATCP 50.65(3)(a)2. 2. NRCS technical guide streambank and shoreline protection standard 580 (August, 2013).
ATCP 50.65 Note Note: When an access road crosses a stream, see s. ATCP 50.885.
ATCP 50.65(3)(b) (b) The landowner agrees to maintain the access road practice for 10 years unless farming operations on the affected land are discontinued or the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.
ATCP 50.65 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (title), (1), (2), cr. (2m), am. (3) (intro.), (a) 1., 2., r. (3) (a) 3., am. (3) (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 1., 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 1. Register August 2016 No. 728, eff. 9-1-16.
ATCP 50.66 ATCP 50.66Trails and walkways.
ATCP 50.66(1) (1) Definition. In this section, “trail or walkway" means a travel lane to facilitate movement of livestock or people.
ATCP 50.66(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of establishing a trail or walkway when necessary to comply with state or local regulations.
ATCP 50.66(3) (3)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of establishing a trail or walkway unless all of the following conditions are met:
ATCP 50.66(3)(a) (a) The trail or walkway complies with all of the following that apply:
ATCP 50.66(3)(a)1. 1. NRCS technical guide trails and walkways standard 575 (April, 2016).
ATCP 50.66(3)(a)2. 2. NRCS technical guide streambank and shoreline protection standard 580 (August, 2013).
ATCP 50.66(3)(a)3. 3. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.66 Note Note: When an access road crosses a stream, see s. ATCP 50.885.
ATCP 50.66(3)(b) (b) The landowner agrees to maintain the trail or walkway for 10 years unless farming operations on the affected land are discontinued or the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.
ATCP 50.66 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (title), (1), (2), (3) (intro.), (a) (intro.), 1. to 3., cr. (3) (a) 4., am. (3) (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 1. to 3. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 1., r. (3) (a) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.67 ATCP 50.67Contour farming.
ATCP 50.67(1) (1) Definition. In this section, “contour farming" means plowing, preparing, planting, and cultivating sloping land on the contour and along established grades of terraces or diversions.
ATCP 50.67(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish a contour farming system, including necessary costs to remove obstacles.
ATCP 50.67(3) (3)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse contour farming costs unless the contour farming system meets the following applicable standards:
ATCP 50.67(3)(a) (a) NRCS technical guide contour farming standard 330 (March, 2016).
ATCP 50.67(3)(b) (b) NRCS technical guide obstruction removal standard 500 (July, 2016).
ATCP 50.67(3)(c) (c) NRCS technical guide upland wildlife habitat management standard 645 (January, 2013), if habitat management is used to mitigate the loss of habitat resulting from the installation of contour farming.
ATCP 50.67 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (3) (a) to (c) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (a), (b) Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.68 ATCP 50.68Cover crop.
ATCP 50.68(1) (1) Definition. In this section, “cropland cover" means close-growing grasses, legumes, or small grain grown for any of the following purposes:
ATCP 50.68(1)(a) (a) To control erosion during periods when major crops do not furnish adequate cover.
ATCP 50.68(1)(b) (b) To add organic matter to the soil.
ATCP 50.68(1)(c) (c) To improve soil infiltration, aeration, or tilth.
ATCP 50.68(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish cropland cover on a field that contributes to water quality degradation when crop harvesting during the growing season leaves the field without enough residue to provide adequate surface runoff protection.
ATCP 50.68(3) (3)Ineligible costs. A county land conservation committee may not, without prior department approval, provide cost-share grants under this section and s. ATCP 50.82 for the same acreage for the same year.
ATCP 50.68(4) (4)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish cropland cover unless all of the following apply:
ATCP 50.68(4)(a) (a) The cropland cover meets NRCS technical guide cover crop standard 340 (August, 2015).
ATCP 50.68(4)(b) (b) The landowner agrees to maintain the cover and green manure crop in each cropping season for which cost-sharing is provided.
ATCP 50.68 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (title) and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (a) Register August 2016 No. 728, eff. 9-1-16.
ATCP 50.69 ATCP 50.69Critical area stabilization.
ATCP 50.69(1) (1) Definition. In this section, “critical area stabilization" means planting suitable vegetation on erodible areas such as steep slopes and gullies, so as to reduce soil erosion or pollution from agricultural nonpoint sources. “Critical area stabilization" may also include treating areas that drain into bedrock crevices, openings, or sinkholes.
ATCP 50.69(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the following critical area stabilization costs:
ATCP 50.69(2)(a) (a) Costs to purchase and install permanent fencing around the critical area.
ATCP 50.69(2)(b) (b) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.
ATCP 50.69(2)(c) (c) Preparatory shaping and smoothing operations.
ATCP 50.69(3) (3)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse for the costs of planting trees intended for commercial harvest.
ATCP 50.69(4) (4)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse critical area stabilization costs unless all of the following conditions are met:
ATCP 50.69(4)(a) (a) The critical area stabilization complies with all of the following that apply:
ATCP 50.69(4)(a)1. 1. NRCS technical guide critical area planting standard 342 (August, 2016).
ATCP 50.69(4)(a)2. 2. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.69(4)(a)3. 3. NRCS technical guide field border standard 386 (January, 2017).
ATCP 50.69(4)(a)4. 4. NRCS technical guide access control standard 472 (April, 2016).
ATCP 50.69(4)(a)5. 5. NRCS technical guide mulching standard 484 (June, 2016).
ATCP 50.69(4)(a)6. 6. NRCS technical guide tree/shrub establishment standard 612 (July, 2011).
ATCP 50.69(4)(a)7. 7. NRCS technical guide karst sinkhole treatment standard 527 (March, 2016).
ATCP 50.69(4)(b) (b) The landowner agrees to maintain the critical area stabilization practice for 10 years unless farming operations on the affected land are discontinued or the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.
ATCP 50.69 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1., 2. and 4. to 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (4) (a) 1. to 7., (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (4) (a) 1., 3., 4., 5., 7. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.70 ATCP 50.70Diversions.
ATCP 50.70(1) (1) Definition. In this section, “diversion" means a structure installed to divert excess surface runoff water to an area where it can be used, transported, or discharged without causing excessive soil erosion. “Diversion" includes a channel with a supporting earthen ridge on the lower side, installed across the slope with a self-discharging and non-erosive gradient.
ATCP 50.70(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to establish a diversion system:
ATCP 50.70(2)(a) (a) Costs to install a diversion, outlet, dike, or subsurface drain. Costs to install a subsurface drain may be reimbursed only if the drain is installed on sloping land where groundwater seeps to the surface and causes the land or land cover to lose its stability.
ATCP 50.70(2)(b) (b) Costs to install pipes, underground outlets, or other structures needed to deliver water to a ditch or dike, to promote a more even flow of water, or to protect outlets from erosion.
ATCP 50.70(2)(c) (c) Costs for leveling and filling needed to install an effective diversion system.
ATCP 50.70(2)(d) (d) Costs to remove obstructions, if necessary for the installation of an effective diversion system.
ATCP 50.70(2)(e) (e) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.
ATCP 50.70(2)(f) (f) Fencing needed to protect a diversion from livestock.
ATCP 50.70(3) (3)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not be used to install ditches or dikes that are designed to drain or impound water for later use, or that will be a part of a regular irrigation system.
ATCP 50.70(4) (4)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish a diversion system unless all of the following conditions are met:
ATCP 50.70(4)(a) (a) The diversion includes an adequate outlet that prevents erosion.
ATCP 50.70(4)(b) (b) The diversion complies with all of the following that apply:
ATCP 50.70(4)(b)1. 1. NRCS technical guide critical area planting standard 342 (August, 2016).
ATCP 50.70(4)(b)2. 2. NRCS technical guide diversion standard 362 (August, 2016).
ATCP 50.70(4)(b)3. 3. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.70(4)(b)4. 4. NRCS technical guide grassed waterway standard 412 (July, 2016).
ATCP 50.70(4)(b)5. 5. NRCS technical guide lined waterway or outlet standard 468 (March, 2013).
ATCP 50.70(4)(b)6. 6. NRCS technical guide obstruction removal standard 500 (July, 2016).
ATCP 50.70(4)(b)7. 7. NRCS technical guide subsurface drain standard 606 (March, 2014).
ATCP 50.70(4)(b)8. 8. NRCS technical guide underground outlet standard 620 (March, 2014).
ATCP 50.70(4)(b)9. 9. NRCS technical guide upland wildlife habitat management standard 645 (January, 2013).
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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.