Chapter ATCP 50

ATCP 50.81(2)(d) (d) The covenant under par. (c) is recorded in the office of the register of deeds for each county in which the property is located.

ATCP 50.81(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to relocate or abandon an animal feeding operation:

ATCP 50.81(3)(a) (a) Costs to install manure management systems and other conservation practices under this subchapter at a new site, as authorized under this chapter.

ATCP 50.81(3)(b) (b) Costs to abandon and rehabilitate the current site, including costs for any of the following:

ATCP 50.81(3)(b)1. 1. Removing concrete paving, fencing, bunks, livestock housing structures, livestock feeding structures, and other obstructions.

ATCP 50.81(3)(b)2. 2. Grading and establishing vegetation on the site.

ATCP 50.81(3)(b)3. 3. Excluding livestock from the site.

ATCP 50.81(3)(b)4. 4. Abandoning wells on the site.

ATCP 50.81(3)(c) (c) Costs to move buildings and other structures.

ATCP 50.81(3)(d) (d) Costs to transport animals to a site in this state that is not on the same farm, up to a maximum of $5,000.

ATCP 50.81(3)(e) (e) Costs for livestock buildings and associated facilities needed to maintain the transferred livestock at the new site if all of the following apply:

ATCP 50.81(3)(e)1. 1. The department determines that the relocation is necessary to comply with s. ATCP 50.04 and is cost-effective.

ATCP 50.81(3)(e)2. 2. The cost-share grant does not exceed the appraised value of the buildings and associated facilities at the current site, or 70% of the costs of the replacement buildings and associated facilities, whichever is less.

ATCP 50.81(3)(e)3. 3. The relocation will not cause a violation of s. ATCP 50.04.

ATCP 50.81 Note Note: Cost-share grants under this section are subject to the limitations specified in s. ATCP 50.42.

ATCP 50.81(4) (4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to reestablish an animal feeding operation that has been abandoned under this section.

ATCP 50.81(5) (5) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of relocating or abandoning an animal feeding operation unless all of the following apply:

ATCP 50.81(5)(a) (a) The relocation or abandonment complies with the NRCS conservation practice standards for the conservation practices in this subchapter.

ATCP 50.81(5)(b) (b) The landowner agrees to maintain the relocated operation, if any, for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.81 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 23-024: am. (5) (a) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.82 ATCP 50.82 Residue management.

ATCP 50.82(1) (1) Definition. In this section, “residue management” means any of the following:

ATCP 50.82(1)(a) (a) Preparing land surfaces for the planting and growing of crop plants using methods that result in a rough land surface which is covered in varying degrees by vegetative residues of a previous crop, and which provides a significant degree of resistance to soil erosion by raindrop impact, surface water runoff, or wind.

ATCP 50.82(1)(b) (b) Planting crop seeds in a narrow slot or a narrow strip of tilled soil, in order to maintain residue cover and avoid disturbing the entire soil surface.

ATCP 50.82(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for any of the following residue management practices:

ATCP 50.82(2)(am) (am) No-till practices.

ATCP 50.82(2)(bm) (bm) Strip-till practices.

ATCP 50.82(2)(cm) (cm) Other, similar practices.

ATCP 50.82(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse residue management costs unless all of the following conditions are met:

ATCP 50.82(4)(a) (a) Land subject to residue management is protected from erosion from the time of harvest until after the next planting. Protection may be provided by a cover crop residue, temporary cover, or another approved practice. The residue, temporary cover, or other approved practice shall cover at least 30% of the land.

ATCP 50.82(4)(b) (b) On lands with slopes greater than 6%, all tillage and planting operations are performed as nearly as practicable on the contour or parallel to terraces.

ATCP 50.82(4)(c) (c) The residue management complies with NRCS conservation practice standard 329 residue and tillage management-no till (January, 2018).

ATCP 50.82(4)(d) (d) The landowner agrees to maintain the residue management practice for each cropping season for which cost-sharing is provided.

ATCP 50.82 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (c) 1. to 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (c) 1. to 3., cr. (4) (c) 4. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (4) (c) 1., 2. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: cr. (2) (a) 1m., r. (2) (a) 2. to 4., (b), (3), consol. (4) (c) (intro.) and 1. and am., r. (4) (c) 2. to 4. Register May 2024 No. 821, eff. 6-1-24; renum. (2) (a) (intro.), 1., 1m., 5. to (2) (am) to (cm) under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.83 ATCP 50.83 Riparian buffers.

ATCP 50.83(1) (1) Definition. In this section, “riparian buffer” means an area in which vegetation is enhanced or established to reduce or eliminate the movement of sediment, nutrients, and other nonpoint source pollutants to an adjacent surface water resource or groundwater recharge area, to protect the banks of streams and lakes from erosion, and to protect fish habitat.

ATCP 50.83(2) (2) Eligible costs. A cost-share grant may reimburse any of the following costs:

ATCP 50.83(2)(a) (a) Permanent fencing to protect a riparian buffer.

ATCP 50.83(2)(b) (b) Costs to establish or enhance permanent vegetative cover in a riparian buffer, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, seed, seedling trees, and other necessary materials.

ATCP 50.83(2)(c) (c) Costs to shape, smooth, or prepare the riparian buffer before establishing a permanent vegetative cover.

ATCP 50.83(2)(d) (d) Costs for land removed from agricultural production to install a riparian buffer.

ATCP 50.83(3) (3) Design, construction, and maintenance standards. A cost-share grant may not reimburse riparian buffer costs unless all of the following conditions are met:

ATCP 50.83(3)(a) (a) The riparian buffer system complies with all of the following that apply:

ATCP 50.83(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.83(3)(a)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.83(3)(a)3. 3. NRCS conservation practice standard 386 field border (January, 2017).

ATCP 50.83(3)(a)4. 4. NRCS conservation practice standard 393 filter strip (January, 2017).

ATCP 50.83(3)(a)5. 5. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.83(3)(a)6. 6. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.83(3)(a)7. 7. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).

ATCP 50.83(3)(a)9. 9. NRCS conservation practice standard 420 wildlife habitat planting (June, 2020).

ATCP 50.83(3)(b) (b) The landowner agrees to maintain the riparian buffer for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.83 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1., 2., 5. and 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 3., 5. to 7., 9. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1., 3. to 6. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (a) 1. to 7., r. (3) (a) 8., am. (3) (a) 9. Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) 1. made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.84 ATCP 50.84 Roofs.

ATCP 50.84(1) (1) Definitions. In this section:

ATCP 50.84(1)(a) (a) “Animal housing” means a building or structure used exclusively for the housing, raising, or sheltering of animals.

ATCP 50.84(1)(am) (am) “Roof” means a weather-proof covering that shields an animal lot or manure storage structure from precipitation, and includes the structure supporting that weather-proof covering.

ATCP 50.84(2) (2) Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse the cost of constructing a roof if the county land conservation committee finds that the roof construction is the most practical and cost-effective way to achieve compliance with state or local regulations.

ATCP 50.84(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a roof, over an existing or relocated animal lot or manure storage structure, that is necessary to prevent barnyard runoff or discharges from a manure storage structure.

ATCP 50.84(4) (4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse the costs to install a roof over feed storage, machinery storage, or animal housing areas, except as provided in sub. (3).

ATCP 50.84(5) (5) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of installing a roof unless all of the following conditions are met:

ATCP 50.84(5)(a) (a) The roof complies with NRCS conservation practice standard 367 roofs and covers (April, 2016).

ATCP 50.84(5)(b) (b) The roof structure has sufficient ventilation to protect farm operators, livestock, and the roof.

ATCP 50.84(5)(c) (c) The roof and supporting structure are constructed of materials with a life expectancy of 10 years or more.

ATCP 50.84(5)(d) (d) The landowner agrees not to establish additional outdoor animal lots on the site for the duration of the cost-share agreement maintenance period, except with adequate runoff control practices approved by the department.

ATCP 50.84(5)(e) (e) The landowner agrees not to convert a roofed animal lot structure, cost-shared under this chapter, for use other than as an animal lot for the duration of the maintenance agreement.

ATCP 50.84(5)(f) (f) The landowner agrees to maintain the roof for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.84 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (5) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (5) (a) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (5) (a) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: renum. (1) (a) to (am) and am., cr. (1) (a), r. (1) (b), consol. (4) (intro.) and (c) and am., r. (4) (a), (b), am. (5) (a), (e) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.85 ATCP 50.85 Roof runoff systems.

ATCP 50.85(1) (1) Definition. In this section, “roof runoff system” means facilities for collecting, controlling, diverting, and disposing of precipitation from roofs. A “roof runoff system” may include gutters, downspouts, erosion-resistant channels, subsurface drains, and trenches.

ATCP 50.85(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a roof runoff system as part of a barnyard runoff control system or manure storage system if the roof runoff system is necessary to prevent roof runoff from flowing across areas of concentrated manure.

ATCP 50.85(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse costs for structures that divert water to areas not adequately protected from erosion.

ATCP 50.85(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of installing a roof runoff system unless all of the following conditions are met:

ATCP 50.85(4)(a) (a) The roof runoff system complies with all of the following that apply:

ATCP 50.85(4)(a)1. 1. NRCS conservation practice standard 558 roof runoff structure (September, 2021).

ATCP 50.85(4)(a)2. 2. NRCS conservation practice standard 620 underground outlet (June, 2021).

ATCP 50.85(4)(b) (b) The landowner agrees to maintain the roof runoff system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.85 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1. 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) 2. Register May 2015 No. 713, eff. 6-1-15; CR 23-024: am. (4) (a) 1., 2., Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.86 ATCP 50.86 Sediment basins.

ATCP 50.86(1) (1) Definition. In this section:

ATCP 50.86(1)(a) (a) “Sediment basins” means permanent basins that reduce the transport of waterborne pollutants such as eroded soil sediment, debris, and manure sediment. Sediment basins may include containment walls or berms, pickets or screens to filter debris, orifices or weirs to control discharge, and conduits to direct runoff to treatment or discharge areas.

ATCP 50.86(1)(b) (b) “Maximum storage capacity” means the volume of water, in acre-feet, capable of being stored behind a dam at maximum water elevation without overtopping any part that is not part of the spillway system.

ATCP 50.86(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a sediment basin, including costs for heavy use area protection, livestock fencing, filter strips, waste transfer, underground outlets, and critical area plantings.

ATCP 50.86(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse the costs for any of the following:

ATCP 50.86(3)(a) (a) Basins with a structural height of more than 25 feet or with a maximum storage capacity of more than 50 acre-feet.

ATCP 50.86(3)(b) (b) Basins whose failure may endanger human life, or real or personal property.

ATCP 50.86(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of installing a sediment basin unless all of the following conditions are met:

ATCP 50.86(4)(a) (a) Filter strips or buffers are used to filter any discharge from the sediment basin.

ATCP 50.86(4)(b) (b) The sediment basin complies with all of the following that apply: