Chapter NR 151

NR 151.015(14) (14) “NOD” means a notice of discharge issued under s. NR 243.24 (4).

NR 151.015(15) (15) “Operator” means a person responsible for the oversight or management of equipment, facilities or livestock at a livestock operation, or is responsible for land management in the production of crops.

NR 151.015(15e) (15e) “Overflow” means discharge of manure to the environment resulting from flow over the brim of a facility or from flow directed onto the ground through a man-made device including a pump or pipe.

NR 151.015(15m) (15m) “Pasture” means land on which livestock graze or otherwise seek feed in a manner that maintains the vegetative cover over the grazing area. Pasture may include limited areas of bare soil such as cattle lanes and supplemental feeding areas provided the bare soil areas are not significant sources of pollution to waters of the state.

NR 151.015(15n) (15n) “Pathogens” has the meaning given in s. NR 204.03 (38).

NR 151.015(15s) (15s) “Phosphorus index” or “P-index” means Wisconsin’s agricultural land management planning tool for assessing the potential of a cropped or grazed field to contribute phosphorus to the surface water.

NR 151.015(15w) (15w) “Pre-tillage” means using mechanical equipment to reduce soil preferential flow paths, worm holes, root holes, and cracks by turning and mixing the soil prior to and at least 2 inches below the depth of manure application.

NR 151.015(16) (16) “Process wastewater” has the meaning given in s. NR 243.03 (53).

NR 151.015(17) (17) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite with a depth to bedrock of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington, and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, Wisconsin Geological Natural History Survey, department of agriculture, trade and consumer protection, department of natural resources, county maps, or infield bedrock verification methods.

NR 151.015(18) (18) “Site that is susceptible to groundwater contamination” under s. 281.16 (1) (g), Stats., means any one of the following:

NR 151.015(18)(a) (a) An area within 250 feet of a private well.

NR 151.015(18)(b) (b) An area within 1000 feet of a municipal well.

NR 151.015(18)(c) (c) An area within 300 feet upslope or 100 feet downslope of a direct conduit to groundwater.

NR 151.015(18)(d) (d) A channel that flows to a direct conduit to groundwater.

NR 151.015(18)(e) (e) An area where the soil depth to groundwater or bedrock is less than 2 feet.

NR 151.015(18)(f) (f) An area where the soil does not exhibit one of the following soil characteristics:

NR 151.015(18)(f)1. 1. At least a 2-foot soil layer with 40% fines or greater above groundwater and bedrock.

NR 151.015(18)(f)2. 2. At least a 3-foot soil layer with 20% fines or greater above groundwater and bedrock.

NR 151.015(18)(f)3. 3. At least a 5-foot soil layer with 10% fines, or greater above groundwater and bedrock.

NR 151.015 Note Note: See s. NR 151.002 (32) for definition of percent fines.

NR 151.015(18g) (18g) “Soil texture” means the surface texture of the Silurian bedrock soil map unit.

NR 151.015(18r) (18r) “Solid manure” has the meaning given in s. NR 243.03 (58) when applied to facilities subject to ch. NR 243, Wis. Adm. Code and the meaning given in UW A2809 for all other agricultural facilities where manure is generated.

NR 151.015 Note Note: Copies of the University of Wisconsin — Extension publication A2809 Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, dated 2012 (A2809) may be inspected at the office of the department, the Wisconsin Department of Agriculture, Trade and Consumer Protection and the legislative reference bureau, Madison, Wisconsin. A2809 is also available electronically at: http://learningstore.uwex.edu/assets/pdfs/A2809.pdf.

NR 151.015(19) (19) “Stored manure” means manure that is kept in a manure storage facility or an unconfined manure pile.

NR 151.015(20) (20) “Substantially altered” means a change initiated by an owner or operator that results in a relocation of a structure or facility or significant changes to the size, depth or configuration of a structure or facility including:

NR 151.015(20)(a) (a) Replacement of a liner in a manure storage structure.

NR 151.015(20)(b) (b) An increase in the volumetric capacity or area of a structure or facility by greater than 20%.

NR 151.015(20)(c) (c) A change in a structure or facility related to a change in livestock management from one species of livestock to another such as cattle to poultry.

NR 151.015(21) (21) “Tolerable soil loss” or “T” means the maximum rate of erosion, in tons per acre per year, allowable for particular soils and site conditions that will maintain soil productivity.

NR 151.015(22) (22) “Unconfined manure pile” means a quantity of manure that is at least 175 ft3 in volume and which covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility or barnyard runoff control facility or covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater.

NR 151.015(22m) (22m) “UW A2809” means the 2012 version of the University of Wisconsin – Extension Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin (A2809).

NR 151.015 Note Note: Copies of the University of Wisconsin — Extension publication A2809 Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, dated 2012 (A2809) may be inspected at the office of the department, the Wisconsin Department of Agriculture, Trade and Consumer Protection and the legislative reference bureau, Madison, Wisconsin. A2809 is also available electronically at: http://learningstore.uwex.edu/assets/pdfs/A2809.pdf.

NR 151.015(24) (24) “Water quality management area” or “WQMA” means the area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, the term means the area within 1,000 feet from the high water mark of the lake; the area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream; and a site that is susceptible to groundwater contamination, or that has the potential to be a direct conduit for contamination to reach groundwater.

NR 151.015(25) (25) “Winter grazing area” means a cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period of October 1 to April 30.

NR 151.015 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. (1), (8), (16), am. (7), (18) (c), (d), cr. (13g), (15e), (15m), (15s), (25), r. (17) Register December 2010 No. 660, eff. 1-1-11; CR 17-062: cr. (2), (2m), (7m), (8d), (8h), (8p), (8t), (11m), (13j), (15n), (15w), (17), (18g), (18r), (22m), Register June 2018 No. 750 eff. 7-1-18; corrections in (8t) and (17) made under s. 35.17, Stats., Register June 2018 No. 750.

NR 151.02 NR 151.02 Sheet, rill and wind erosion performance standard.

NR 151.02(1) (1) All land where crops or feed are grown, including pastures, shall be managed to achieve a soil erosion rate equal to, or less than, the “tolerable” (T) rate established for that soil.

NR 151.02(2) (2) This standard first applies to pastures beginning July 1, 2012.

NR 151.02 Note Note: Soil loss will be calculated according to the revised universal soil loss equation II as referenced in ch. ATCP 50 and appropriate wind loss equations as referenced in ch. ATCP 50.

NR 151.02 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. Register December 2010 No. 660, eff. 1-1-11.

NR 151.03 NR 151.03 Tillage setback performance standard. The purpose of this standard is to prevent tillage operations from destroying stream banks and depositing soil directly in surface waters. In this section, “surface water” has the meaning given in s. NR 102.03 (7).

NR 151.03(1) (1) No crop producer may conduct a tillage operation that negatively impacts stream bank integrity or deposits soil directly in surface waters.

NR 151.03(2) (2) No tillage operations may be conducted within 5 feet of the top of the channel of surface waters. Tillage setbacks greater than 5 feet but no more than 20 feet may be required to meet this standard.

NR 151.03(3) (3) Crop producers shall maintain the area within the tillage setback required under sub. (2) in adequate sod or self-sustaining vegetative cover that provides a minimum of 70% coverage.

NR 151.03(4) (4) This section does not apply to grassed waterways installed as conservation practices.

NR 151.03 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11; correction to (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.

NR 151.04 NR 151.04 Phosphorus index performance standard.

NR 151.04(1) (1) All crop and livestock producers shall comply with this section.

NR 151.04(2) (2) 

NR 151.04(2)(a) (a) Croplands, pastures, and winter grazing areas shall average a phosphorus index of 6 or less over the accounting period and may not exceed a phosphorus index of 12 in any individual year within the accounting period.

NR 151.04(2)(b) (b) Except as provided under sub. (3), for purposes of compliance with this section the phosphorus index shall be calculated using the version of the Wisconsin Phosphorus Index available as of January 1, 2011.

NR 151.04 Note Note: The Wisconsin Phosphorus Index is maintained by the University of Wisconsin department of soil science and can be found at http://wpindex.soils.wisc.edu/.

NR 151.04 Note Note: Soil test phosphorus concentration may be used to help identify fields that are high priority for evaluation with the Wisconsin Phosphorus Index. For example, croplands with soil test phosphorus concentrations of 35 parts per million or greater should be given higher priority for evaluation.

NR 151.04 Note Note: Best management practices developed by the department of agriculture, trade and consumer protection may be used alone or in combination to meet the requirements of this section.

NR 151.04(2)(c) (c) The accounting period required under par. (a) shall meet the following conditions:

NR 151.04(2)(c)1. 1. The accounting period shall begin once a nutrient management plan meeting the requirements of s. NR 151.07 and s. ATCP 50.04 (3) is completed.

NR 151.04(2)(c)2. 2. During the first 8 years of implementation of this standard by a producer, computation of the phosphorus index may be based on a combination of planned crop management and historic data. Planned crop management data is based on projected management and crop rotations. Historic data is based on management and crop rotations that have actually occurred.

NR 151.04(2)(c)3. 3. Once the nutrient management plan under s. NR 151.07 and s. ATCP 50.04 (3) is developed, historic data shall be used for each year as it becomes available.

NR 151.04(3) (3) If the phosphorus index is not applicable to a particular crop or situation, an equivalent calculation approved by the department shall be used to meet the requirements of this section.

NR 151.04 Note Note: The requirement provides for alternative methods to calculate a phosphorus index. Some strategies for assessing and reducing phosphorus index values, algorithms, and software can be found at http://wpindex.soils.wisc.edu/.

NR 151.04(4) (4) Producers may not apply nutrients or manure directly, through mechanical means, to surface waters as defined in s. NR 102.03 (7).

NR 151.04(5) (5) The phosphorus index requirement under sub. (2) (a) first takes effect for pastures beginning July 1, 2012.

NR 151.04 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11; correction to (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.

NR 151.05 NR 151.05 Manure storage facilities performance standards.

NR 151.05(1) (1) Applicability. All livestock producers building new manure storage facilities, substantially altering manure storage facilities, or choosing to abandon their manure storage facilities shall comply with this section.

NR 151.05(2) (2) New construction and alterations.

NR 151.05(2)(a) (a) New or substantially altered manure storage facilities shall be designed, constructed and maintained to minimize the risk of structural failure of the facility and minimize leakage of the facility in order to comply with groundwater standards. The levels of materials in the storage facility may not exceed the margin of safety level.

NR 151.05(2)(am) (am) Storage facilities that are constructed or significantly altered on or after January 1, 2011, shall be designed and operated to contain the additional volume of runoff and direct precipitation entering the facility as a result of a 25-year, 24-hour storm.

NR 151.05(2)(b) (b) A new manure storage facility means a facility constructed after October 1, 2002.

NR 151.05(2)(c) (c) A substantially altered manure storage facility is a manure storage facility that is substantially altered after October 1, 2002.

NR 151.05(3) (3) Closure.

NR 151.05(3)(a) (a) Closure of a manure storage facility shall occur when an operation where the facility is located ceases operations, or manure has not been added or removed from the facility for a period of 24 months. Manure facilities shall be closed in a manner that will prevent future contamination of groundwater and surface waters.

NR 151.05(3)(b) (b) The owner or operator may retain the facility for a longer period of time by demonstrating to the department that all of the following conditions are met:

NR 151.05(3)(b)1. 1. The facility is designed, constructed and maintained in accordance with sub. (2).

NR 151.05(3)(b)2. 2. The facility is designed to store manure for a period of time longer than 24 months.

NR 151.05(3)(b)3. 3. Retention of the facility is warranted based on anticipated future use.

NR 151.05(4) (4) Existing facilities.

NR 151.05(4)(a) (a) Manure storage facilities in existence as of October 1, 2002, that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or abandoned in accordance with this section.

NR 151.05(4)(b) (b) Levels of materials in storage facilities may not exceed the margin of safety level.

NR 151.05 Note Note: Manure storage facilities are sometimes used to store non-agricultural wastes, such as septage or organic food wastes. These facilities may be subject to additional regulatory and cost-sharing requirements.

NR 151.05 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (2) (a), (4), cr. (2) (am) Register December 2010 No. 660, eff. 1-1-11.

NR 151.055 NR 151.055 Process wastewater handling performance standard.

NR 151.055(1) (1) All livestock producers shall comply with this section.

NR 151.055(2) (2) There may be no significant discharge of process wastewater to waters of the state.

NR 151.055(3) (3) The department shall consider all of the following factors when determining whether a discharge of process wastewater is a significant discharge to waters of the state:

NR 151.055(3)(a) (a) Volume and frequency of the discharge.

NR 151.055(3)(b) (b) Location of the source relative to receiving waters.

NR 151.055(3)(c) (c) Means of process wastewater conveyance to waters of the state.

NR 151.055(3)(d) (d) Slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of process wastewater discharge to waters of the state.