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NR 151.075(11)(b)3. 3. At least one of the following is implemented:
NR 151.075(11)(b)3.a. a. Total liquid manure application is applied in compliance with UW A2809, or limited to sub. (10) (b) 3. Table 1 rates, whichever is less, to prevent hydraulic overloading of the soil.
NR 151.075(11)(b)3.b. b. Liquid manure is applied in compliance with UW A2809 and within 10 days of the planting date or applied on a perennial or established crop.
NR 151.075(11)(b)3.c. c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
NR 151.075 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 151.075(11)(c) (c) Pre-tillage, incorporation or injection is not required if cropland or pastures meet long term no-till or have a perennial or established crop. Each surface application of liquid manure must not exceed 6,750 gallons per acre.
NR 151.075(11)(d) (d) Pre-tillage is not required if demonstrated to the department that a field cannot meet s. NR 151.02 over an eight-year crop rotation using a combination of the following practices: tillage, crops, contouring, filter strips, or cover crops.
NR 151.075(12) (12)For soils with 5 to 20 feet to Silurian bedrock, all the following apply:
NR 151.075(12)(a) (a) No mechanical application of liquid manure unless all the following are met:
NR 151.075(12)(a)1. 1. Pre-tillage is completed unless exempt under par. (b) or (c).
NR 151.075(12)(a)2. 2. Liquid manure is injected or incorporated within 24 hours to no more than 6 inches below ground, unless exempt under par. (b).
NR 151.075(12)(a)3. 3. At least one of the following is implemented:
NR 151.075(12)(a)3.a. a. Total liquid manure application is applied in compliance with UW A2809, or limited to sub. (10) (b) 3. Table 1 rates, whichever is less, to prevent hydraulic overloading of the soil.
NR 151.075(12)(a)3.b. b. Liquid manure is applied in compliance with UW A2809 and within 10 days of the planting date or applied on a perennial or established crop.
NR 151.075(12)(a)3.c. c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
NR 151.075 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 151.075(12)(b) (b) Pre-tillage, incorporation or injection is not required if cropland or pastures meet long term no-till or have a perennial or established crop. Each surface application of liquid manure must not exceed 10,000 gallons per acre.
NR 151.075(12)(c) (c) Pre-tillage is not required if demonstrated to the department that a field cannot meet s. NR 151.02 over an eight-year crop rotation using a combination of the following practices: tillage, crops, contouring, filter strips, or cover crops.
NR 151.075 Note Note: Silurian bedrock map information for soils with 5 to 20 feet to Silurian bedrock, developed by the department of agriculture, trade and consumer protection and/or department of natural resources, may be used alone or in combination to meet the requirements of this section.
NR 151.075(13) (13)Mechanical manure applications are prohibited within any of the following:
NR 151.075(13)(a) (a) 1000 feet of a community water system as defined in s. NR 811.02.
NR 151.075(13)(b) (b) 250 feet of a private water system or a non-community water system as defined in s. NR 812.07.
NR 151.075(13)(c) (c) An area within 300 feet upslope or 100 feet downslope of a direct conduit to groundwater as defined in s. NR 151.002 (11m).
NR 151.075(13)(d) (d) 100 feet of a concentrated flow channel that leads to a water system included in par. (a) or (b) or direct conduit to groundwater in par. (c).
NR 151.075(14) (14)Mechanical manure applications are prohibited on or within 100 feet of Silurian bedrock in a closed depression unless the manure is injected or incorporated within 24 hours or prior to precipitation capable of producing runoff, whichever comes first. The prohibition of mechanical application of manure does not apply to areas following long term no-till practices or with a perennial or established crop.
NR 151.075(15) (15)No surface application of manure on slopes of 6 percent or greater in cropland and pasture areas that have concentrated flow channels that drain to a closed depression in Silurian bedrock, unless the material is incorporated within 24 hours or prior to precipitation capable of producing runoff, whichever comes first. The prohibition of surface application of manure does not apply to areas following long term no-till practices or with a perennial or established crop.
NR 151.075(16) (16)Practices must retain land applied manure on the soil where they are applied with minimal movement to maintain setback distances specified in subs. (13) and (14).
NR 151.075 History History: CR 17-062: cr. Register June 2018 No. 750 eff. 7-1-18; corrections in (10) (b) 1., 2., (11) (b) 1., 2., (12) (a) 1., 2., (13) (intro.), (d), made under s. 35.17, Stats., Register June 2018 No. 750.
NR 151.08 NR 151.08 Manure management prohibitions.
NR 151.08(1)(1)All livestock producers shall comply with this section.
NR 151.08(2) (2)A livestock operation shall have no overflow of manure storage facilities.
NR 151.08(3) (3)A livestock operation shall have no unconfined manure pile in a water quality management area.
NR 151.08(4) (4)A livestock operation shall have no direct runoff from a feedlot or stored manure into the waters of the state.
NR 151.08(5)(a)(a) A livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod or self-sustaining vegetative cover.
NR 151.08(5)(b) (b) This prohibition does not apply to properly designed, installed and maintained livestock or farm equipment crossings.
NR 151.08 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 151.09 NR 151.09 Implementation and enforcement procedures for cropland performance standards.
NR 151.09(1)(1)Purpose. The purpose of this section is to identify the procedures the department will follow in implementing and enforcing the cropland performance standards pursuant to ss. 281.16 (3) and 281.98, Stats. This section will also identify circumstances under which an owner or operator of cropland is required to comply with the cropland performance standards. In this section, “cropland performance standards" means performance standards in ss. NR 151.005, 151.02, 151.03, 151.04, 151.07, and 151.075.
NR 151.09(2) (2)Role of municipalities. The department may rely on municipalities to implement the procedures and make determinations established in this section.
NR 151.09 Note Note: In most cases, the department will rely on municipalities to fully implement the cropland performance standards. The department intends to utilize the procedures in this section in cases where a municipality has requested assistance in implementing and enforcing the cropland performance standards or in cases where a municipality has failed to address an incident of noncompliance with the performance standards in a timely manner. The department recognizes that coordination between local municipalities, the Department of Agriculture, Trade and Consumer Protection and other state agencies is needed to achieve statewide compliance with the performance standards. Accordingly, the department plans on working with counties, the Department of Agriculture, Trade and Consumer Protection and other interested partners to develop a detailed intergovernmental strategy for achieving compliance with the performance standards that recognizes the procedures in these rules, state basin plans and the priorities established in land and water conservation plans.
NR 151.09 Note Note: The department implementation and enforcement procedures for livestock performance standards relating to manure management are included in s. NR 151.095 and ch. NR 243.
NR 151.09(3) (3)Landowner and operator requirements.
NR 151.09(3)(a)(a) Introduction. This section identifies compliance requirements for landowners and operators based on whether the cropland is existing or new and whether cost sharing is required and made available to the landowner or operator.
NR 151.09(3)(b) (b) General requirements. If any cropland is meeting a cropland performance standard on or after the effective date of the standard, the cropland performance standard shall continue to be met by the existing landowner or operator, heirs or subsequent owners or operators of the cropland. If a landowner or operator alters or changes the management of the cropland in a manner that results in noncompliance with the performance standard, the landowner or operator shall bring the cropland back into compliance, regardless of whether cost-sharing is made available. This paragraph does not apply to croplands completing enrollment determined to be existing under sub. (4) (b) 2.
NR 151.09 Note Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(3)(c) (c) Existing cropland requirements.
NR 151.09(3)(c)1.1. A landowner or operator of an existing cropland, defined under sub. (4) (b), shall comply with a cropland performance standard if all of the following have been done by the department:
NR 151.09(3)(c)1.a. a. Except as provided in subds. 2. and 3., a determination is made that cost sharing has been made available in accordance with sub. (4) (d) on or after the effective date of the cropland performance standard.
NR 151.09(3)(c)1.b. b. The landowner or operator has been notified in accordance with sub. (5) or (6).
NR 151.09(3)(c)2. 2. A landowner or operator of existing cropland, defined under sub. (4) (b), shall comply with a cropland performance standard, regardless of whether cost sharing is available, in situations where the best management practices and other corrective measures needed to meet the performance standards do not involve eligible costs.
NR 151.09(3)(c)3. 3. A landowner or operator of an existing cropland that voluntarily proposes to construct or reconstruct a manure storage system shall comply with s. NR 151.07, regardless of whether cost sharing is made available, if the nutrient management plan is required pursuant to a local permit for the manure storage system.
NR 151.09 Note Note: Although the requirement for the nutrient management plan in this subd. 3 is tied to construction of a new manure storage system, the department intends to implement the nutrient management standard through s. NR 151.09 rather than through s. NR 151.095.
NR 151.09(3)(d) (d) New cropland requirements. A landowner or operator of a new cropland, defined under sub. (4) (b), shall comply with the cropland performance standards, regardless of whether cost sharing is available.
NR 151.09 Note Note: Under s. 281.16 (3) (e), Stats., a landowner or operator may not be required by the state or a municipality through an ordinance to bring existing croplands into compliance with the cropland performance standards, technical standards or conservation practices unless cost-sharing is available in accordance with this section.
NR 151.09(4) (4)Department determinations.
NR 151.09(4)(a) (a) Scope of determinations. If croplands are not in compliance with a cropland performance standard, the department shall make determinations in accordance with the procedures and criteria in this subsection.
NR 151.09(4)(b) (b) Cropland status. The department shall classify non-complying croplands to be either new or existing for purposes of administering this section and s. 281.16 (3) (e), Stats. In making the determination, the department shall base the decision on the following:
NR 151.09(4)(b)1. 1. An existing cropland is one that meets all of the following criteria:
NR 151.09(4)(b)1.a. a. The cropland was being cropped as of the effective date of the standard.
NR 151.09(4)(b)1.b. b. The cropland is not in compliance with a cropland performance standard in this subchapter as of the effective date of the standard. The reason for non-compliance of the cropland may not be failure of the landowner or operator to maintain an installed best management practice in accordance with a cost-share agreement or contract.
NR 151.09(4)(b)2. 2. An existing cropland also includes land enrolled on October 1, 2002, in the conservation reserve or conservation reserve enhancement program administered by the U.S. department of agriculture. This subdivision does not apply to croplands re-enrolled after October 1, 2002.
NR 151.09(4)(b)3. 3. A new cropland is one that does not meet the definition under subd. 1. or 2., including:
NR 151.09(4)(b)3.a. a. Land without a previous history of cropping that is converted to cropland after the effective date of the standard. “Without a previous history of cropping" means land where crops have not been grown and harvested for agricultural purposes in the last 10 years prior to the conversion to cropland.
NR 151.09(4)(b)3.b. b. Cropland that is in existence and in compliance with a performance standard on or after the effective date of the standard and that undergoes a change in a cropland practice that results in noncompliance with the performance standards.
NR 151.09 Note Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(4)(b)4. 4. Change in ownership may not be used as the sole basis for determining whether a cropland is existing or new for purposes of administering this subsection.
NR 151.09(4)(c) (c) Eligible costs.
NR 151.09(4)(c)1.1. If cost sharing is required to be made available under sub. (3) (c), the department shall determine the total cost of best management practices and corrective measures needed to bring a cropland into compliance with performance standards and shall determine which of those costs are eligible for cost-sharing for the purposes of administering this section and s. 281.16 (3) (e), Stats.
NR 151.09(4)(c)2. 2. The cost-share eligibility provisions identified in chs. NR 153 and 154 shall be used in identifying eligible costs for installation of best management practices and corrective measures.
NR 151.09(4)(c)3. 3. Eligible technical assistance costs include best management practice planning, design, installation supervision, and installation certification.
NR 151.09(4)(c)4. 4. If cost sharing is provided by DATCP or the department, the corrective measures shall be implemented in accordance with the BMPs and technical standards specified in ch. NR 154 or subch. VIII of ch. ATCP 50.
NR 151.09 Note Note: Under chs. NR 153 and 154, eligible costs typically include capital costs and significant other expenses, including design costs, incurred by the landowner or operator. Eligible costs do not include the value or amount of time spent by a landowner or operator in making management changes.
NR 151.09(4)(d) (d) Determination of cost-share availability.
NR 151.09(4)(d)1.1. For purposes of administering this section and s. 281.16 (3) (e), Stats., if cost sharing is required to be made available under sub. (3), the department shall make a determination as to whether cost sharing has been made available on or after the effective date of the cropland standard to cover the eligible costs for a landowner or operator to comply with the cropland performance standard.
NR 151.09(4)(d)2. 2. Cost sharing under s. 281.65, Stats., shall be considered available when all of the following have been met:
NR 151.09(4)(d)2.a. a. Cost share dollars are offered in accordance with either of the following: the department has entered into a runoff management grant agreement under ch. NR 153 or a nonpoint source grant agreement under ch. NR 120, and a notice under sub. (5), including any required offer of cost sharing, has been issued by the department or a municipality; or the department directly offers cost share assistance and issues a notice under sub. (5).
NR 151.09(4)(d)2.b. b. The grants in subd. 2. a., alone or in combination with other funding determined to be available under subd. 3., provide at least 70% of the eligible costs to implement the best management practices or other corrective measures for croplands needed to meet a cropland performance standard.
NR 151.09(4)(d)2.c. c. In cases of economic hardship determined in accordance with s. NR 154.03 (3), the grants in subd. 2. a., alone or in combination with other funding determined to be available under subd. 3., provide cost sharing consistent with the hardship determination.
NR 151.09(4)(d)3. 3. For funding sources other than those administered by s. 281.65, Stats., the department may make a determination of cost share availability after consulting with DATCP and ch. ATCP 50.
NR 151.09 Note Note: Under s. 281.16 (3) (e), DATCP is responsible for promulgating rules that specify criteria for determining whether cost-sharing is available from sources other than s. 281.65, Stats., including s. 92.14, Stats. Pursuant to s. 281.16 (3) (e), Stats., a municipality is required to follow the department's definition of cost-share availability if funds are utilized under s. 281.65, Stats. If funds are utilized from any other source, a municipality must defer to DATCP's definition of cost-share availability.
NR 151.09(5) (5)Notification requirements and compliance periods for existing croplands when cost-sharing is required.
NR 151.09(5)(a)(a) Landowner notification.
NR 151.09(5)(a)1.1. The department shall notify a landowner or operator in writing of the determinations made under sub. (4) and implementation requirements for existing croplands where cost sharing is required for compliance.
NR 151.09(5)(a)2. 2. The notice shall be sent certified mail, return receipt requested or personal delivery.
NR 151.09(5)(a)3. 3. The following information shall be included in the notice:
NR 151.09(5)(a)3.a. a. A description of the cropland performance standard being violated.
NR 151.09(5)(a)3.b. b. The cropland status determination made in accordance with sub. (4) (b).
NR 151.09(5)(a)3.c. c. The determination made in accordance with sub. (4) (c) as to which best management practices or other corrective measures that are needed to comply with cropland performance standards are eligible for cost sharing.
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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.