Ann Hirekatur
Wisconsin Department of Natural Resources
Bureau of Watershed Management, WT/3
101 S. Webster St.
P.O. Box 7921
Madison, WI 53707-7921
608/266-0156
12. Place where comments were submitted and deadline for submission:
Written comments were submitted to the contact information listed above.
A public hearing was held on February 13, 2019, and the comment submission deadline was February 15, 2019.
The consent of the Attorney General will be requested for the incorporation by reference of
the following Wisconsin Department of Natural Resources Conservation Practice Standards:
- 1002 site evaluation for storm water infiltration (September 2017).
- 1003 infiltration basin (October 2004);
- 1004 bioretention for infiltration (October 2014);
- 1005 vegetated swale (December 2017);
- 1006 Proprietary storm water sedimentation devices (April 2009);
- 1007 infiltration trench (May 2012); and
- 1008 permeable pavement (February 2016).
Section 1 NR 154.01 (2) is amended to read:
NR 154.01 (2) The provisions of this chapter apply to cost-share agreements and grants signed after October1, 2002, [insert effective date of revised rule], unless a waiver is granted by the department under s. 281.65 (4) (e), Stats. Section 2 NR 154.02 (15) (note) is amended to read:
NR 154.02 (15) (note): Note: Copies of the technical guide are on file with the department, the secretary of state, and the legislative reference bureau. Copies of individual standards contained in the technical guide may be obtained from the a county land conservation committee or from a field office of the U.S. department of agriculture, natural resources conservation service department, an NRCS field office, or the national NRCS website at: http://www.nrcs.usda.gov/, or the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov. Section 3 NR 154.03 (1) (h) and (i) 1. and (i) 3. are amended to read:
NR 154.03 (1) (h) The cost-share rates for agricultural best management practices on cost-share agreements funded under ch. NR 153 and signed prior to October 1, 2002, [insert effective date of revised rule], may be amended to use the rates identified in this section. NR 154.03 (1) (i) NR 154.03(1)(i)1.1. Wildlife habitat recreation associated with implementation of contour farming, contour strip-cropping and field strip-cropping and stripcropping funded under ch. NR 153 has a maximum state cost-share rate of 70%. Section 4 NR 154.03 (1) (i) 3. b. is repealed.
Section 5 NR 154.03 (1) (i) 5. and (j) 1. are amended to read:
NR 154.03 (1) (i) 5. Cost-share payments for cropland protection cover (green manure) crop may not be made for more than a total of 4 years.
Section 6 NR 154.03 (1) (j) 3. is repealed.
Section 7 NR 154.03 (1) (j) 5. is amended to read:
NR 154.03 (1) (j) NR 154.03(1)(i)1.5. $25 $70 per acre per year for cropland protection cover (green manure) crop. Section 8 NR 154.03 (1) (j) 6. is repealed.
Section 9 NR 154.03 (1) (j) 8. and (3) (a) are amended to read:
NR 154.03 (1) (j) NR 154.03(1)(i)1.8. $6.00 $10.00 per acre for the first year nutrient management plan and $4.00 per acre for subsequent years of nutrient management plans. NR 154.03 (3) (a) The governmental unit submitting an application under s. NR 153.17 shall exceed the cost-share limits identified under sub. (1) if the landowner or land operator that will provide the local share of best management practice installation either meets the application and economic hardship requirements in this subsection. or meets the application and economic hardship requirements in section NR 120.18(4). Section 10 NR 154.04 (1) (c) is amended to read:
NR 154.04 (1)NR 154.04(1)(c) (c) The cost-share conditions and standards for all best management practices listed in this chapter shall apply to all cost-share and grant agreements signed after October 1, 2002 [insert effective date of revised rule]. Section 11 NR 154.04 (2) (g) and (2) (g) (note) are amended to read:
NR 154.04 (2)NR 154.04(1)(c) (g) Sediment Erosion and sediment generated from the construction of the best management practice shall be controlled consistent with performance standards in ch. NR 151 and with standards of the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, November 2001 Revision, which is incorporated by reference for this chapter. in conformance with the applicable performance standards in ss. NR 151.105 and 151.11, Wis. Adm. Code, using the technical standards developed pursuant to subch. V of ch. NR 151, Wis. Adm. Code, or equivalent methodology. NR 154.04 (2)NR 154.04(1)(c) (g) (note): Note: Copies of this document construction site erosion control technical standards may be inspected at the offices of the department’s bureau of watershed management, the secretary of state and the legislative reference bureau, all in Madison, WI. The Wisconsin Construction Site Best Management Practice Handbook is available through WI Department of Administration, Document Sales, 4622 University Avenue, Madison, WI 53705−2156. They are also available electronically at https://dnr.wi.gov/topic/stormwater/standards/const_standards.html. Section 12 NR 154.04 (2m) is created to read:
NR 154.04 (2m) Voluntary use of updated technical standards. The department may cost-share a more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 if all of the following apply: ATCP 50.61(3)(a) (a) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 provides water quality benefits at least as beneficial as the version listed in this subchapter. ATCP 50.61(3)(b)(b) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 has been developed by DNR according to the procedures of subch. V of ch. NR 151, or adopted by NRCS, or adopted by another applicable technical standards entity listed in this subchapter. (c) The landowner or grantee voluntarily agrees to the use of the more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 to implement the best management practice. Section 13 NR 154.04 (3) (b), (4) (b), (5) (b), (6), (7), (8) (b), (9), (10) (b) and (11) (b) are amended to read:
NR 154.04 (3) (b) Except as provided under par. (c), the provisions for a manure storage system included in s. ATCP 50.62, as it existed on October 1, 2002 shall apply. NR 154.04 (4) (b) The provisions for a manure storage system included in s. ATCP 50.63, as it existed on October 1, 2002 shall apply. NR 154.04 (5) (b) Except as provided under par. (c), the provisions for barnyard runoff control included in s. ATCP 50.64, as it existed on October 1, 2002 shall apply. NR 154.04 (6) Access roads and cattle crossings.
NR 154.04(6)(a)(a) The department may provide cost-share grants to implement access roads and cattle crossings. NR 154.04(6)(b)(b) The provisions for access roads and cattle crossings included in s. ATCP 50.65, as it existed on October 1, 2002 shall apply. NR 154.04 (7) AnimalTrails and walkways.
NR 154.04(7)(a)(a) The department may provide cost-share grants to implement animal trails and walkways. NR 154.04(7)(b)(b) The provisions for animal trails and walkways included in s. ATCP 50.66, as it existed on October 1, 2002 shall apply. NR 154.04 (8) (b) Except as provided under par. (c), the provisions for contour farming included in s. ATCP 50.67, as it existed on October 1, 2002 shall apply. NR 154.04 (9) Cover and green manure crop.
NR 154.04(9)(a)(a) The department may provide cost-share grants to implement cover and green manure crops. NR 154.04(9)(b) (b) The provisions for cover and green manure crops included in s. ATCP 50.68, as it existed on October 1, 2002 shall apply. NR 154.04 (10) (b) The provisions for critical area stabilization included in s. ATCP 50.69, as it existed on October 1, 2002 shall apply. NR 154.04 (11) (b) Except as provided under par. (c), the provisions for diversions included in s. ATCP 50.70, as it existed on October 1, 2002 shall apply. Section 14 NR 154.04 (11m) is created to read:
NR 154.04 (11m) Feed storage runoff control systems.
NR 154.04(9)(a)(a) The department may provide cost-share grants to implement feed storage runoff control systems. Section 15 NR 154.04 (12) (b), (13) (b) and (14) are amended to read:
NR 154.04 (12) (b) The provisions for field windbreaks included in s. ATCP 50.71, as it existed on October 1, 2002 shall apply. NR 154.04 (13) (b) The provisions for filter strips included in s. ATCP 50.72, as it existed on October 1, 2002 shall apply. NR 154.04 (14) Grade stabilization.
NR 154.04(14)(a)(a) The department may provide cost-share grants to implement grade stabilization structure. NR 154.04(14)(b)(b) The provisions for grade stabilization structure included in s. ATCP 50.73, as it existed on as on October 1, 2002 shall apply. Section 16 NR 154.04 (15) is repealed.
Section 17 NR 154.04 (17) (b), (18) (b), (19) (b), and (20) (b) and (c) (1) are amended to read:
NR 154.04 (17) (b) The provisions for livestock fencing included in s. ATCP 50.75, as it existed on October 1, 2002 shall apply. NR 154.04 (18) (b) The provisions for livestock watering facilities included in s. ATCP 50.76, as it existed on October 1, 2002 shall apply. NR 154.04 (19) (b) The provisions for milking center waste control included in s. ATCP 50.77, as it existed on October 1, 2002 shall apply. NR 154.04 (20) (b) Except as provided under par. (c), the provisions for nutrient management included in s. ATCP 50.78, as it existed on October 1, 2002 shall apply. NR 154.04 (20) (c) 1. Costs for soil and plant nutrient testing, including residual nitrogen analysis, and costs for nutrient analysis of manure and other organic wastes are eligible for cost sharing to implement nutrient management provided that testing and analysis are conducted by a laboratory that is certified through a certification program acceptable to the department conducted by a laboratory certified under s. ATCP 50.50.
