Wisconsin Legislature: ATCP 50.01(18)(c)

(1) “Agricultural practice” means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint, or seed crops; raising of fruits, nuts, or berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; or vegetable raising.

(2) “Conservation practice” means a facility or practice that is designed to prevent or reduce soil erosion, prevent or reduce non- point source water pollution, or achieve or maintain compliance with soil and water conservation standards. “Conservation practice” includes a nutrient management plan and DATCP 01 Verification of Depth to Bedrock.

(2m) “Contaminated runoff” means runoff, as defined in s. NR 151.002 (40), that comes into contact with feed or manure. “Contaminated runoff” includes the liquid and any sediment, manure, feed, or other material carried in the liquid.

(3) “Cost-shared practice” means a conservation practice financed by a cost-share grant.

(4) “Cost-share grant” is a means to reimburse a landowner for part of the cost to install or maintain a conservation practice identified in the grant.

Note: See s. ATCP 50.40.

(4m) “Cost-sharing” means the action of financing a conservation practice by means of a cost-share grant.

(5) “County drainage board” means a board created and appointed under s. 88.17, Stats.

(6) “County land conservation committee” means the committee created by a county board under s. 92.06, Stats. “County land conservation committee” includes employees or agents of a county land conservation committee who, with committee authorization, act on behalf of the committee.

(7) “CREP program” means the combined state-federal conservation reserve enhancement program under s. 93.70, Stats. and 16 USC 3834(f)(4).

(8) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

(9) “DNR” means the state of Wisconsin department of natural resources.

(10) “Farm” means a parcel of land on which a landowner conducts one or more agricultural practices.

(10g) “Financial Assistance” means funding in the form of a cost-share grant, incentives, performance payments or other payments that are provided to a landowner to adopt or install conservation practices.

(10r) “Incentive” means a form of a flat-rate payment or stipend made to a landowner to install conservation practices.

(12) “Individual” means a natural person.

(13) “Lake district” means a public inland lake protection and rehabilitation district created under subch. IV of ch. 33, Stats.

(13m) “Land conservation committee” means a committee created by a county board that meets the requirements in s. 92.06, Stats.

(14) “Land out of agricultural production” means acreage that the owner can no longer use for normal crop or livestock production. Land is not taken “out of agricultural production,” for purposes of s. ATCP 50.08, if the landowner is free to use it for pasture, hay production, and cropping subject to residue management.

(15) “Landowner” means any of the following:

(a) A person who owns a parcel of land.

(b) A person who rents, controls, or uses a parcel of land for agricultural purposes.

(15m) “Leachate” means the concentrated liquid which has percolated through, or drained from, animal feed or manure storage areas.

Note: “Leachate” contains much higher concentrations of contaminants than contaminated runoff.

(16) “Livestock operation” means a feedlot or other facility or pasture where animals are fed, confined, maintained, or stabled.

(17) “Local governmental unit” has the meaning given in s. 92.15 (1) (b), Stats., and includes a county, town, city, village, lake district, and county drainage board.

(18) “Local regulation” means any of the following regulations that require conservation practices on farms:

(a) Soil and water conservation standards that a county land conservation committee adopts under s. 92.07 (2), Stats.

(b) An ordinance or regulation that a county adopts under s. 59.69, 59.692, 92.07 (2), 92.11, 92.15, 92.16, 92.17, or 93.90, Stats., or under other county authority.

(c) An ordinance or regulation that a town, city, or village adopts under s. 92.11, 92.15, 92.16, 92.17, or 93.90, Stats., or under other town, city, or village authority.

(d) A regulation adopted by a county drainage board, a lake district, or other special purpose district, or a tribe.

(19) “LWCB” means the state of Wisconsin land and water conservation board.

(20) “Manure” means livestock excreta. “Manure” includes the following when intermingled with excreta in normal farming operations: debris including bedding, water, soil, hair, and feathers; processing derivatives including separated sand, separated manure solids, precipitated manure sludges, supernatants, digested liquids, composted biosolids, and process water; and runoff collected from barnyards, animal lots, and feed storage areas.

(21) “Manure management system” has the meaning given in s. ATCP 50.62 (1) (b).

(22) “Manure storage facility” has the meaning given in s. ATCP 50.62 (1) (c).

(23) “Manure storage structure” has the meaning given in s. ATCP 50.62 (1) (d).

(24) “Nonpoint source” has the meaning given in s. 281.65 (2) (b), Stats.

(25) “Nonpoint source water pollution” has the meaning given in s. 281.16 (1) (f), Stats.

(26) “NRCS” means the natural resources conservation service of the United States department of agriculture.

(27) “NRCS conservation practice standard” means the standard found in the Wisconsin NRCS field office technical guide, unless otherwise specified.

Note: Copies of the NRCS conservation practice standards are on file with the department and the legislative reference bureau. Copies of individual standards contained in the NRCS field office technical guide may be obtained from a county land conservation department, an NRCS field office, the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov, or the national NRCS website at: http://www.nrcs.usda.gov/.

(28) “Nutrient management plan” means a farm nutrient plan prepared or approved by a qualified plan writer per s. ATCP 50.48 and meeting the requirements under s. ATCP 50.04 (3) or 50.62 (5) (f).

(29) “Nutrients” means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes, or other sources.

(29m) “Pasture” has the meaning given in s. NR 151.015 (15m).

(29s) “Performance payment” means payments provided to landowners in return for the landowner meeting certain conservation benchmarks. Performance payments can vary based on the conservation practice or practices used and the estimated environmental benefits.

(30) “Person” means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other legal organization or entity.

(32) “Secretary” means the secretary of the department.

(32m) “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.

(33) “State regulation” means ch. 88, 91, 92, 93, 281, or 283, Stats., and rules promulgated by the department or DNR under ch. 88, 91, 92, 93, 281, or 283, Stats.

(34) “Structural height” means the difference in elevation in feet between the point of lowest elevation of the structure or embankment before overtopping and the lowest elevation of the natural stream or lake bed at the downstream toe of the structure or embankment.

(34m) “Technical standard” refers to standards for which the department or DNR is a custodian.

(35) “Tribe” has the meaning given in s. 165.91 (1), Stats.

(36) “T-value” means the maximum average annual rate of soil erosion for each soil type that will permit a high level of crop productivity to be sustained economically and indefinitely. For most soils, “T-value” is equivalent to 1 to 5 tons of soil loss per acre per year.

(37) “Unconfined manure pile” means a quantity of manure, at least 175 cu. ft. in volume, that 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.

(38) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

(39) “Weighted average soil rental rate” means, for each county, the rate determined by the United States department of agriculture, farm service agency, on form CRP-2.

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 04-005: r. and recr. (31) Register October 2004 No. 586, eff. 11-1-04; correction in (35) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; CR 08-075: am. (31) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: cr. (2m), r. (11), cr. (15m), am. (17), (18) (a) to (c), (20), cr. (29m), am. (31) (a), (b), (33) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2), (2m), (4), cr. (4m), (10g), (10r), (13m), am. (27), consol. (28) (intro.) and (b) and renum. to (28) and am., r. (28) (a), cr. (29s), r. (31), cr. (32m), (34m), am. (36) Register May 2024 No. 821, eff. 6-1-24; correction in (13m), (28) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.02 Waivers. The department may grant a written waiver from any provision of this chapter if the department finds that the waiver is necessary to achieve the objectives of this chapter. The secretary shall sign each waiver under this section. The department may not waive a statutory requirement.

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

Subchapter II — Soil and Water Conservation on Farms

ATCP 50.04 Farm conservation practices. Except as provided in s. ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices:

(1) Nonpoint source pollution control. A landowner shall implement conservation practices that achieve compliance with DNR performance standards under ss. NR 151.02 to 151.08, in effect on June 1, 2018. A nutrient management plan developed in accordance with sub. (3) may be used to demonstrate compliance with ss. NR 151.04 and 151.075.

Note: Landowners who claim farmland preservation tax credits must comply with conservation standards as required under s. 91.80, Stats.

(2) Soil erosion control. A landowner shall manage all lands where crops or feed are grown, including pastures, so that sheet, rill, and wind erosion rates on cropped and pastured soils do not exceed T-value. Sheet and rill erosion may be calculated using the RUSLE 2 equation or equivalent. Wind erosion may be calculated using the NRCS Wind Erosion Prediction System (WEPS).

Note: Copies of RUSLE 2 and the NRCS WEPS model are on file with the department and the legislative reference bureau. Copies of both models may also be obtained from the NRCS website at: http://www.wi.nrcs.usda.gov/technical.

(3) Nutrient management plan.

(a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field, including pastures. A nutrient management plan shall comply with this subsection.

(b) The plan shall include every field on which nutrients are applied, including pastures, and pastures stocked at an average rate of more than one animal unit per acre during the grazing season. Pastures are not required to be included in the plan if all of the following requirements are met:

1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

2. The pastures do not receive mechanical applications of nutrients.

Note: The grazing season includes the months of the year when pasture vegetation is actively growing.

(d) The plan shall be based on soil nutrient tests conducted at a laboratory certified under s. ATCP 50.50 to conduct those tests. Soil tests are not required on pastures that do not receive mechanical applications of nutrients if either of the following applies:

1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

2. The pastures are stocked at an average stocking rate of more than one animal unit per acre during the grazing season, and a nutrient management plan for the pastures complies with s. NR 151.04 (2), using an assumed soil test phosphorus level of 150 parts per million and organic matter content of 6%.

(de) A landowner may be required to provide documentation to the county land conservation committee that animal stocking rate and soil test values for pastures do not exceed the levels in par. (b) 1. and (d) 2., respectively.

(dm) If the nutrient management plan uses manure nutrient values, other than nutrient values of organic by-products regulated under ch. NR 113, 204 or 214, the manure nutrient values shall be based on one of the following:

1. Standard values specified in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809 referenced in the NRCS conservation practice standard 590.

Note: The current 2012 version of UWEX pub. A2809 and subsequent editions are available at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx and are also on file with the department and the legislative fiscal bureau.

2. Manure analyses conducted at a laboratory that complies with s. ATCP 50.50 (8).

(e) The plan shall comply with the NRCS conservation practice standard 590 nutrient management (December, 2015) except for sections IV. D., IV. E., and V., and shall also comply with the Wisconsin Conservation Planning Technical Note WI-1 (February, 2016).

Note: The NRCS conservation practice standard 590 (December, 2015) and the companion document Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) are on file with the department and the legislative reference bureau. Copies are available from a county land conservation department, a NRCS field office, the national NRCS website at: http://www.nrcs.usda.gov, the Wisconsin NRCS website at: www.wi.nrcs.usda.gov, or the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx. Components of a nutrient management plan are summarized on a checklist. An example nutrient management checklist is available at the department’s website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.

(f) The plan may not recommend nutrient applications that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension in the 2012 edition of Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809, or in the latest edition of that publication if preferred by the landowner, unless the nutrient management planner can show that one or more of the following circumstances justifies the recommended application:

1. A soil or tissue test reveals a specific nutrient deficiency. For supplemental in-season nitrogen applications, a nutrient management planner shall follow steps outlined in NRCS conservation practice standard 590 nutrient management (December 2015).

Note: Environmental conditions can make it challenging to assess nutrient deficiencies. In-field scouting is strongly recommended to verify the nutrient deficiency is not a result of pest or disease pressure, and that an additional nutrient application will resolve the observed deficiency.

2. Excess nutrients are the result of an unforeseen change in the type of crop planted.

3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.

4. Other special agronomic conditions documented by the nutrient management planner. A nutrient management planner who wishes to justify higher applications shall include credible information to show that the higher applications will not materially increase environmental damage.

Note: The 2012 edition of the UWEX publication A2809 is on file with the department and the legislative reference bureau. The latest edition of A2809 is available from the UWEX website at: http://learningstore.uwex.edu. Copies are also available from the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.