Wisconsin Legislature: ATCP 50.87(4)(a)1.

(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.

(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.

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

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

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

(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:

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

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

1. NRCS conservation practice standard 342 critical area planting (January, 2018).

2. NRCS conservation practice standard 350 sediment basin (August, 2016).

3. NRCS conservation practice standard 634 waste transfer (November, 2022).

4. NRCS conservation practice standard 382 fence (January, 2014).

5. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).

6. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

7. NRCS conservation practice standard 620 underground outlet (June, 2021).

8. Wisconsin DNR conservation practice standard 1001, wet detention basin (October, 2007).

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.

9. NRCS conservation practice standard 632 waste separation facility (November, 2022).

(c) The landowner agrees to maintain the sediment basin 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) (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; CR 23-024: am. (4) (b) 1. to 7., cr. (4) (b) 9. Register May 2024 No. 821, eff. 6-1-24; correction in (4) (b) 1. made under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.87 Sinkhole treatment.

(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.

(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to sinkhole treatment:

(a) Costs for the design and construction of a grassed waterway or diversion to direct surface runoff around a sinkhole.

(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.

(c) Costs for the design and construction of a modification to a sinkhole for the purpose of protecting groundwater resources from contamination.

(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.

(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:

(a) The treatment complies with all of the following that apply:

1. NRCS conservation practice standard 527 sinkhole treatment (September, 2021).

2. NRCS conservation practice standard 362 diversion (August, 2016).

3. NRCS conservation practice standard 412 grassed waterway (August, 2021).

(b) The landowner agrees to maintain the sinkhole treatment 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) 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; CR 23-024: am. (4) (a) 1. to 3. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.88 Streambank or shoreline protection.

(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:

(a) Critical area stabilization under s. ATCP 50.69.

(b) Diversions under s. ATCP 50.70.

(cg) Livestock fencing under s. ATCP 50.75.

(cr) Livestock watering facilities under s. ATCP 50.76.

(d) Riparian buffers under s. ATCP 50.83.

(e) Roof runoff systems under s. ATCP 50.85.

(em) Stream crossing under s. ATCP 50.885.

(f) Subsurface drain under s. ATCP 50.90.

(g) Underground outlet under s. ATCP 50.92.

(h) 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 streambank or shoreline protection:

(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 or lunkers 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.

(b) Costs to shape streambanks or shorelines before installing protective plantings or structures.

(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.

(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.

(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:

(a) The streambank or shoreline protection complies with all of the following that apply:

1. NRCS conservation practice standard 342 critical area planting (January, 2018).

2. NRCS conservation practice standard 382 fence (January, 2014).

3. NRCS conservation practice standard 580 streambank and shoreline protection (September, 2021).

4. NRCS conservation practice standard 612 tree/shrub establishment (January, 2018).

5. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

6. NRCS conservation practice standard 326 clearing and snagging (June, 2016).

7. NRCS conservation practice standard 395 stream habitat improvement and management (September, 2021).

8. NRCS conservation practice standard 582 open channel (September, 2021).

9. NRCS conservation practice standard 584 channel bed stabilization (September, 2021).

(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.

(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.

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; CR 23-024: cr. (1) (cg), (cr), (em), am. (2) (a), (3) (a) 1. to 5., cr. (3) (a) 6. to 9. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.882 Stream restoration.

(1) Definition. In this section “stream restoration” means applying combinations of practices designed to the extent possible to restore or repair healthy channel conditions, connections, and functions adjacent to or upstream from erosion-prone agricultural lands or to address other resource concerns. These practices shall be installed to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or to increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. These practices can also be used to reduce or repair erosion, maintain water supply, maintain sediment transport continuity, restore natural drainage, and stabilize banks. Stream restoration practices may improve fish and wildlife habitat as an incidental benefit. Stream restoration may include any of the following components:

(a) Hydrologic restoration under s. ATCP 50.74.

(b) Streambank or shoreline protection under s. ATCP 50.88.

(d) Waterway systems under s. ATCP 50.96.

(e) 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 stream 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.

(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 stream restoration costs unless all of the following conditions are met:

(a) The stream 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 342 critical area planting (January, 2018).

4. NRCS conservation practice standard 356 dike (September, 2016).

5. NRCS conservation practice standard 382 fence (January, 2014).

6. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).

7. NRCS conservation practice standard 395 stream habitat improvement and management (September, 2021).