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(a) The harvestable buffer practices comply with all of the following that apply:
1. NRCS conservation practice standard 393 filter strip (January, 2017).
2. NRCS Wisconsin agronomy technical note 6 establishing and maintaining introduced grasses and legumes (March, 2013).
3. NRCS Wisconsin agronomy technical note 10 planning, design, management and maintenance of vegetative filter strips (VFS) (March, 2017).
4. NRCS conservation practice standard 315 herbaceous weed treatment (June 2016).
(b) The landowner agrees to maintain the vegetative cover for a period defined in the agreement with the county; the minimum maintenance period shall be 10 years.
History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1), (2) (b) made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.74 Hydrologic restoration.
(1) Definition. In this section “Hydrologic restoration” means applying combinations of practices designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such agricultural goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. These practices can also be used to reduce or repair erosion and maintain water supply. These benefits are achieved by improving hydrologic conditions, connections, and functions. Hydrologic restoration practices may improve and protect fish and wildlife habitat as an incidental benefit. Hydrologic restoration may include any of the following components:
(a) Diversions under s. ATCP 50.70.
(b) Grade stabilization structures under s. ATCP 50.73.
(c) Streambank or shoreline protection under s. ATCP 50.88.
(d) Stream restoration under s. ATCP 50.882.
(e) Stream crossing under s. ATCP 50.885.
(f) Subsurface drains under s. ATCP 50.90.
(g) Underground outlets under s. ATCP 50.92.
(h) Water and sediment control basins under s. ATCP 50.95.
(i) Waterway systems under s. ATCP 50.96.
(j) Wetland development or restoration under s. ATCP 50.98.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to hydrologic restoration:
(a) Costs for system components under subs. (1) and (4) that are eligible for reimbursement under this subchapter.
(b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed, and other necessary materials.
(c) Costs to purchase and install permanent fencing around the project area.
(d) Preparatory shaping and smoothing operations.
(e) Costs for site preparation, grading, shaping and filling.
(3) Ineligible costs. Except for violations of this chapter or ch. NR 151, a cost-share grant under s. ATCP 50.40 may not reimburse costs related to mitigation or correction of a violation of state or local law.
(4) Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse hydrologic restoration costs unless all of the following conditions are met:
(a) The hydrologic restoration complies with all of the following that apply:
1. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).
2. NRCS conservation practice standard 327 conservation cover (January, 2013).
3. NRCS conservation practice standard 332 contour buffer strips (July, 2016).
4. NRCS conservation practice standard 338 prescribed burning (March, 2016).
5. NRCS conservation practice standard 342 critical area planting (January, 2018).
6. NRCS conservation practice standard 356 dike (September, 2016).
7. NRCS conservation practice standard 382 fence (January, 2014).
8. NRCS conservation practice standard 386 field border (January, 2017).
9. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).
10. NRCS conservation practice standard 396 aquatic organism passage (July, 2016).
11. NRCS conservation practice standard 472 access control (January, 2018).
12. NRCS conservation practice standard 484 mulching (June, 2016).
13. NRCS conservation practice standard 554 drainage water management (August, 2021).
14. NRCS conservation practice standard 587 structure for water control (January, 2018).
15. NRCS conservation practice standard 604 saturated buffer (June, 2021).
16. NRCS conservation practice standard 654 road/trail/landing closure and treatment (January, 2018).
17. NRCS conservation practice standard 666 forest stand improvement (October, 2017).
(b) The landowner agrees to maintain the hydrologic restoration treatments for 10 years.
History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1), (2) (a), (4) (a) 10., 17 made under s. 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.
ATCP 50.75 Livestock fencing.
(1) Definition. In this section, “livestock fencing” means either of the following:
(a) Excluding livestock, by fencing or other means, in order to protect an erodible area or a practice under this subchapter.
(b) Restricting, by fencing or other means, human access to manure storage structures or other practices under this subchapter which may pose a hazard to humans.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for livestock fencing, including the cost of designing and installing permanent fencing, gates, and related devices that are necessary to protect a practice, or to prevent degradation of waters of the state.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse the costs for any of the following:
(a) Electric fence energizers.
(b) Portable fences and equipment used to contain or exclude livestock.
(c) Fencing, gates, or other equipment used primarily for the purpose of segregating, handling, or feeding livestock, rather than protecting an erodible area or a practice under this subchapter.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse livestock fencing costs unless all of the following conditions are met:
(a) The livestock fencing complies with all of the following that apply:
1. NRCS conservation practice standard 382 fence (January, 2014).
2. NRCS conservation practice standard 472 access control (January, 2018).
(b) The landowner agrees to maintain the livestock fencing practice for 10 years unless farming operations on the affected land are discontinued.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1. and 2. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 1. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (4) (a) 2. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (4) (a) 1., 2. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.76 Livestock watering facilities.
(1) Definition. In this section, “livestock watering facility” means a trough, tank, pipe, conduit, spring development, pump, well, or other device or combination of devices installed to deliver drinking water to livestock.
(2) Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish a livestock watering facility if the livestock watering facility is a necessary component of a prescribed grazing system funded under s. ATCP 50.80, or if all of the following conditions are met:
(a) The livestock watering facility will do one of the following:
1. Prevent nonpoint source water pollution by replacing livestock access to a stream or other natural drinking water source.
2. Water livestock that are isolated from a natural drinking water source by another conservation practice under this subchapter.
(b) The livestock watering facility is necessary to achieve water quality objectives.
(c) Installing the livestock watering facility is less expensive than providing environmentally safe livestock access to a natural source of drinking water.
(3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a livestock watering facility.
(4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse costs for any of the following:
(a) More than one livestock watering facility when the need for more than one watering facility is created by the segregation or handling of livestock within a manure management system. This paragraph does not apply when the need for more than one livestock watering facility is created by the segregation or handling of livestock within a prescribed grazing system.
(b) A water supply used for purposes other than providing drinking water to livestock.
(c) Installing a livestock watering facility if there is a less expensive way to water livestock, consistent with soil and water conservation goals.
(5) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of establishing a livestock watering facility unless all of the following conditions are met:
(a) The livestock watering facility complies with all of the following that apply:
1. NRCS conservation practice standard 574 spring development (August, 2021).
2. NRCS conservation practice standard 614 watering facility (June, 2021).
3. NRCS conservation practice standard 642 water well (August, 2021).
4. NRCS conservation practice standard 516 livestock pipeline (June, 2021).
5. Chapter NR 812, related to well construction and pump installation.
6. NRCS conservation practice standard 561 heavy use area protection (November, 2022).
7. NRCS conservation practice standard 533 pumping plant (August, 2021).
(b) The landowner agrees to maintain the livestock watering facility for 10 years unless farming operations on the affected land are discontinued.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (5) (a) 1. and 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (5) (a) 2. to 4., cr. (5) (a) 6., 7. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (5) (a) 1., 6. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (5) (a) 2., 3., 6. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (5) (a) 4., 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (5) (a) 1. to 4., 6., 7. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.77 Milking center waste control systems.
(1) Definitions. In this section:
(a) “Milking center waste” means waste water, cleaning ingredients, waste milk, or other discharge from a milking parlor or milkhouse.
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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.