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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 technical guide roof runoff structure standard 558 (September, 2010).
ATCP 50.85(4)(a)2. 2. NRCS technical guide underground outlet standard 620 (March, 2014).
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.
ATCP 50.86 ATCP 50.86Sediment 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:
ATCP 50.86(4)(b)1. 1. NRCS technical guide critical area planting standard 342 (August, 2016).
ATCP 50.86(4)(b)2. 2. NRCS technical guide sediment basin standards 350 (August, 2016).
ATCP 50.86(4)(b)3. 3. NRCS technical guide waste transfer standard 634 (January, 2014).
ATCP 50.86(4)(b)4. 4. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.86(4)(b)5. 5. NRCS technical guide vegetated treatment area standard 635 (October, 2014).
ATCP 50.86(4)(b)6. 6. NRCS technical guide heavy use area protection standard 561 (August, 2015).
ATCP 50.86(4)(b)7. 7. NRCS technical guide underground outlet standard 620 (March, 2014).
ATCP 50.86(4)(b)8. 8. Wisconsin DNR conservation practice standard 1001, wet detention basin (October, 2007).
ATCP 50.86 Note Note: Copies of the DNR conservation practice standard 1001 are on file with the department and the legislative reference bureau. Copies may be obtained by visiting the DNR website at: http://dnr.wi.gov/topic/stormwater/standards/index.html.
ATCP 50.86(4)(c) (c) The landowner agrees to maintain the sediment basin for 10 years unless farming operations on the affected land are discontinued.
ATCP 50.86 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (b) 1. to 6. and 8. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (b) 1. to 8. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (b) 2. to 4., 6., 7. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 5., 6. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am.(4) (b) 1., 2. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.87 ATCP 50.87Sinkhole treatment.
ATCP 50.87(1) (1) Definition. In this section, “sinkhole treatment" means modifying a sinkhole, or the area around a sinkhole, to reduce erosion, prevent expansion of the hole, and reduce pollution of water resources. Modifications may include the diversion of runoff around a sinkhole, or the alteration of a sinkhole by excavation, cleanout, filter treatment, sealing, or refilling.
ATCP 50.87(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to sinkhole treatment:
ATCP 50.87(2)(a) (a) Costs for the design and construction of a grassed waterway or diversion to direct surface runoff around a sinkhole.
ATCP 50.87(2)(b) (b) Costs for the design and construction of a grassed waterway or diversion to direct surface runoff around a geologic depression to prevent the formation of a sinkhole.
ATCP 50.87(2)(c) (c) Costs for the design and construction of a modification to a sinkhole for the purpose of protecting groundwater resources from contamination.
ATCP 50.87(3) (3)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse costs for any system, component, or practice that is not needed to correct an identified water pollution hazard.
ATCP 50.87(4) (4)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs related to sinkhole treatment unless all of the following conditions are met:
ATCP 50.87(4)(a) (a) The treatment complies with all of the following that apply:
ATCP 50.87(4)(a)1. 1. NRCS technical guide karst sinkhole treatment standard 527 (March, 2016).
ATCP 50.87(4)(a)2. 2. NRCS technical guide diversion standard 362 (August, 2016).
ATCP 50.87(4)(a)3. 3. NRCS technical guide grassed waterway standard 412 (July, 2016).
ATCP 50.87(4)(b) (b) The landowner agrees to maintain the sinkhole treatment for 10 years unless farming operations on the affected land are discontinued.
ATCP 50.87 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 2. and 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) 1. to 3. Register February 2014 No. 698, eff. 5-1-14; CR14-047: am. (4) (a) 1. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (a) 3. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (a) 1. to 3. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.88 ATCP 50.88Streambank or shoreline protection.
ATCP 50.88(1)(1) Definition. In this section, “streambank or shoreline protection" means waterbody-specific treatments used to stabilize and protect the eroding banks of streams or constructed channels, and shorelines of lakes, reservoirs, or estuaries. The practice is designed and installed to provide water quality benefits or control soil erosion including degradation from livestock and may protect fish habitat as an incidental benefit. Streambank or shoreline protection may include any of the following components:
ATCP 50.88(1)(a) (a) Critical area stabilization under s. ATCP 50.69.
ATCP 50.88(1)(b) (b) Diversions under s. ATCP 50.70.
ATCP 50.88(1)(c) (c) Grade stabilization under s. ATCP 50.73.
ATCP 50.88(1)(d) (d) Riparian buffers under s. ATCP 50.83.
ATCP 50.88(1)(e) (e) Roof runoff systems under s. ATCP 50.85.
ATCP 50.88(1)(f) (f) Subsurface drain under s. ATCP 50.90.
ATCP 50.88(1)(g) (g) Underground outlet under s. ATCP 50.92.
ATCP 50.88(1)(h) (h) Wetland development or restoration under s. ATCP 50.98.
ATCP 50.88(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to streambank or shoreline protection:
ATCP 50.88(2)(a) (a) Costs to install new soil bioengineering and structural treatments including rock riprap. Wood chunks, unsorted demolition material, brick, plaster, blacktop, and other materials that may produce leachates may not be used as riprap. A cost-share grant may reimburse costs for rock and timber riprap used to establish fish habitat, in combination with the restoration of a riparian buffer and as part of a streambank or shoreline protection scheme, provided that reimbursement for fish habitat does not exceed 25% of the cost-share grant.
ATCP 50.88 Note Note: Lunker structures, or rock and timber riprap, are sometimes used to create fish habitat.
ATCP 50.88(2)(b) (b) Costs to shape streambanks or shorelines before installing protective plantings or structures.
ATCP 50.88(2)(c) (c) 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 50.88 Note Note: Additional cost-shared practices may be combined with this practice to fully address the environmental problems at the site and protect the natural resource. Where appropriate, additional practices may include fencing (s. ATCP 50.75) to exclude livestock, water pumps, or other facilities (s. ATCP 50.76) if this is the most cost-effective way to deliver water to livestock excluded from access to surface water, or stream crossings (s. ATCP 50.885) to minimize disturbance at points of entry to a stream.
ATCP 50.88(2m) (2m)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 laws.
ATCP 50.88(3) (3)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse costs for streambank or shoreline protection unless all of the following conditions are met:
ATCP 50.88(3)(a) (a) The streambank or shoreline protection complies with all of the following that apply:
ATCP 50.88(3)(a)1. 1. NRCS technical guide critical area planting standard 342 (August, 2016).
ATCP 50.88(3)(a)2. 2. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.88(3)(a)3. 3. NRCS technical guide streambank and shoreline protection standard 580 (August, 2013).
ATCP 50.88(3)(a)4. 4. NRCS technical guide tree/shrub establishment standard 612 (July, 2011).
ATCP 50.88(3)(a)5. 5. NRCS technical guide heavy use area protection standard 561 (August, 2015).
ATCP 50.88(3)(b) (b) Cost-share recipients shall obtain all required DNR permits before installing any practices. The department may require documentation that permits have been obtained before it makes reimbursements under this chapter.
ATCP 50.88(3)(c) (c) The landowner agrees to maintain the streambank or shoreline protection for 10 years unless the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.
ATCP 50.88 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 5. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (title), renum. (1) to (1) (intro.), cr. (1) (a) to (h), am. (2) (intro.), r. (2) (a), renum. (2) (b) to (2) (a) and am., renum. (2) (c) to (2) (b), r. (2) (d), renum. (2) (e) to (2) (c), r. (2) (f), cr. (2m), am. (3) (a) 1. to 5., r. and recr. (3) (b), am. (3) (c) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 2., 3., 5. Register May 2015 No. 713, eff. 6-1-15; CR 16-102: am. (3) (a) 5. 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 50.885 ATCP 50.885Stream Crossing.
ATCP 50.885(1) (1) Definition. In this section, “stream crossing" means a road or pathway which confines or directs the movement of livestock, farm equipment, or vehicular traffic over a stream, and which is designed and installed to improve water quality, reduce erosion, protect an installed practice, or control livestock access to a stream.
ATCP 50.885(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a stream crossing:
ATCP 50.885(2)(a) (a) The costs of constructing a culvert, ford, or other allowed stream crossing structure other than a bridge.
ATCP 50.885(2)(b) (b) The costs of installing conservation practices necessary to limit water quality impairment from a stream crossing.
ATCP 50.885(3) (3)Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse for the costs of a stream crossing if the traffic can be re-directed along another route that would not result in the same water quality impairment.
ATCP 50.885(4) (4)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of establishing a stream crossing unless all of the following conditions are met:
ATCP 50.885(4)(a) (a) The stream crossing complies with all of the following that apply:
ATCP 50.885(4)(a)1. 1. NRCS technical guide access road standard 560 (October, 2014).
ATCP 50.885(4)(a)2. 2. NRCS technical guide streambank and shoreline protection standard 580 (August, 2013).
ATCP 50.885(4)(a)3. 3. NRCS technical guide fence standard 382 (January, 2014).
ATCP 50.885(4)(a)4. 4. NRCS technical guide stream crossing standard 578 (March, 2015).
ATCP 50.885(4)(b) (b) The landowner agrees to maintain the stream crossing for 10 years unless the 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 50.885 History History: CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 1. to 3. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (a) 1., 2., 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (a) 2. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.89 ATCP 50.89Stripcropping.
ATCP 50.89(1) (1) Definition. In this section, “stripcropping" means growing crops in a systematic strip arrangement in which strips of grass, legumes, or other close growing crops are alternated with strips of clean tilled crops or fallow, and in which all of the strips are established on the contour or across a slope to reduce water or wind erosion.
ATCP 50.89(2) (2)Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of establishing a stripcropping system, including costs for the necessary removal of obstructions.
ATCP 50.89(3) (3)Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of establishing a stripcropping system unless all of the following conditions are met:
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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.