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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).
ATCP 50.70(4)(c) (c) The landowner agrees to maintain the diversion for 10 years unless farming operations on the affected land are discontinued.
ATCP 50.70 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (b) 1. to 5., 7. and 9. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (b) 1. to 9. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (b) 3., 7., 8. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (b) 1., 2., 4., 6. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.705 ATCP 50.705Feed storage runoff control systems.
ATCP 50.705(1)(1) Definitions. In this section:
ATCP 50.705(1)(a) (a) “Feed storage area" means an area used to store livestock feed including corn silage, haylage, and industrial by-products including distillers grain, brewers grain, candy, pizza crust, bakery waste, cotton seed, soybean meal, animal fats, blood meal, fish meal, cannery waste, beet pulp, citrus pulp, soy hulls, corn middlings, whey, potatoes, and grocery store vegetables. The feed storage area includes the area up to the outside edge of the surface on which the feed is stored and any apron area.
ATCP 50.705(1)(b) (b) “Feed storage runoff control system" means a system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.
ATCP 50.705(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a feed storage runoff control system:
ATCP 50.705(2)(a) (a) Costs for diversion of clean water from the storage area.
ATCP 50.705(2)(b) (b) Costs for conduits, permanent pumps, and related equipment required to collect, transfer, and store discharges of leachate and contaminated runoff including subsurface and surface discharges.
ATCP 50.705(2)(c) (c) Costs for preparation of a site for a runoff treatment area and establishment of permanent vegetative cover.
ATCP 50.705(3) (3)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a feed storage runoff control system:
ATCP 50.705(3)(a) (a) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.
ATCP 50.705(3)(b) (b) Buildings or modifications to buildings.
ATCP 50.705(3)(c) (c) Portable equipment to pump or spread feed storage runoff onto land or to incorporate those wastes into land.
ATCP 50.705(3)(d) (d) A non-permanent storage area allowed under NRCS technical guide waste treatment standard 629 (January, 2014).
ATCP 50.705(3)(e) (e) Areas used to store feeds considered dry, at 40% moisture or less, if the storage areas are protected from precipitation.
ATCP 50.705(4) (4)Feed storage runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a feed storage runoff control system if any of the following apply:
ATCP 50.705(4)(a) (a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.
ATCP 50.705(4)(b) (b) The landowner could have prevented the discharge of pollutants through improved management practices at nominal cost.
ATCP 50.705(4)(c) (c) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.
ATCP 50.705(4)(d) (d) The landowner could have prevented the discharge of pollutants by complying with an operation and maintenance plan previously agreed upon by the landowner and one of the following:
ATCP 50.705(4)(d)1. 1. The department.
ATCP 50.705(4)(d)2. 2. The county land conservation committee.
ATCP 50.705(5) (5)Design, construction, and maintenance. A cost-share grant may not reimburse any costs related to a feed storage runoff control system unless all of the following conditions are met:
ATCP 50.705(5)(a) (a) The system complies with all of the following that apply:
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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.