Chapter ATCP 50

ATCP 50.58   Shoreland management; ordinance.

ATCP 50.60   Livestock operations; local regulation.

Subchapter VIII — Standards for Practices Receiving Financial Assistance

ATCP 50.61   General standards for practices receiving financial assistance; pre-approval of cost-shared practices.

ATCP 50.618   Technical standards development process.

ATCP 50.62   Manure storage systems.

ATCP 50.63   Manure storage system closure.

ATCP 50.64   Barnyard runoff control systems.

ATCP 50.65   Access road.

ATCP 50.66   Trails and walkways.

ATCP 50.663   Conservation cover.

ATCP 50.668   Conservation crop rotation.

ATCP 50.67   Contour farming.

ATCP 50.68   Cover crop.

ATCP 50.69   Critical area stabilization.

ATCP 50.70   Diversions.

ATCP 50.705   Feed storage runoff control systems.

ATCP 50.71   Field windbreaks.

ATCP 50.72   Filter strips.

ATCP 50.73   Grade stabilization structures.

ATCP 50.733   Habitat diversification.

ATCP 50.738   Harvestable buffers.

ATCP 50.74   Hydrologic restoration.

ATCP 50.75   Livestock fencing.

ATCP 50.76   Livestock watering facilities.

ATCP 50.77   Milking center waste control systems.

ATCP 50.78   Nutrient management.

ATCP 50.785   Nutrient treatment system.

ATCP 50.79   Pesticide management.

ATCP 50.80   Prescribed grazing.

ATCP 50.81   Relocating or abandoning animal feeding operations.

ATCP 50.82   Residue management.

ATCP 50.83   Riparian buffers.

ATCP 50.84   Roofs.

ATCP 50.85   Roof runoff systems.

ATCP 50.86   Sediment basins.

ATCP 50.87   Sinkhole treatment.

ATCP 50.88   Streambank or shoreline protection.

ATCP 50.882   Stream restoration.

ATCP 50.885   Stream Crossing.

ATCP 50.89   Stripcropping.

ATCP 50.90   Subsurface drains.

ATCP 50.91   Terrace systems.

ATCP 50.92   Underground outlets.

ATCP 50.925   Verification of depth to bedrock.

ATCP 50.93   Waste transfer systems.

ATCP 50.94   Wastewater treatment strips.

ATCP 50.95   Water and sediment control basins.

ATCP 50.96   Waterway systems.

ATCP 50.97   Well decommissioning.

ATCP 50.98   Wetland development or restoration.

Ch. ATCP 50 Note Note: Chapter Ag 166 was renumbered ch. ATCP 50 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 50 was repealed and recreated, Register, November, 1996, No. 491, eff. 12-1-96; corrections in ch. ATCP 50 made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491. Chapter ATCP 50 as it existed on September 30, 2002 was repealed and a new chapter ATCP 50 was created effective October 1, 2002.

Ch. ATCP 50 Note Note: This chapter implements Wisconsin’s soil and water resource management program under ch. 92, Stats. The department of agriculture, trade and consumer protection administers the program in cooperation with county land conservation committees, the land and water conservation board, the department of natural resources, and other state and federal agencies. The program has the purposes specified under s. 92.14 (2), Stats.

Ch. ATCP 50 Note Note: The rule revision that was published in the May, 2007 Wis. Adm. Register applies to small businesses as defined in s. 227.114 (1), Stats., on August 1, 2007.

subch. I of ch. ATCP 50 Subchapter I — Definitions and General Provisions

ATCP 50.01 ATCP 50.01 Definitions. In this chapter:

ATCP 50.01(1) (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.

ATCP 50.01(2) (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.

ATCP 50.01(2m) (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.

ATCP 50.01(3) (3) “Cost-shared practice” means a conservation practice financed by a cost-share grant.

ATCP 50.01(4) (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.

ATCP 50.01 Note Note: See s. ATCP 50.40.

ATCP 50.01(4m) (4m) “Cost-sharing” means the action of financing a conservation practice by means of a cost-share grant.

ATCP 50.01(5) (5) “County drainage board” means a board created and appointed under s. 88.17, Stats.

ATCP 50.01(6) (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.

ATCP 50.01(7) (7) “CREP program” means the combined state-federal conservation reserve enhancement program under s. 93.70, Stats. and 16 USC 3834(f)(4).

ATCP 50.01(8) (8) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 50.01(9) (9) “DNR” means the state of Wisconsin department of natural resources.

ATCP 50.01(10) (10) “Farm” means a parcel of land on which a landowner conducts one or more agricultural practices.

ATCP 50.01(10g) (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.

ATCP 50.01(10r) (10r) “Incentive” means a form of a flat-rate payment or stipend made to a landowner to install conservation practices.

ATCP 50.01(12) (12) “Individual” means a natural person.

ATCP 50.01(13) (13) “Lake district” means a public inland lake protection and rehabilitation district created under subch. IV of ch. 33, Stats.

ATCP 50.01(13m) (13m) “Land conservation committee” means a committee created by a county board that meets the requirements in s. 92.06, Stats.

ATCP 50.01(14) (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.

ATCP 50.01(15) (15) “Landowner” means any of the following:

ATCP 50.01(15)(a) (a) A person who owns a parcel of land.

ATCP 50.01(15)(b) (b) A person who rents, controls, or uses a parcel of land for agricultural purposes.

ATCP 50.01(15m) (15m) “Leachate” means the concentrated liquid which has percolated through, or drained from, animal feed or manure storage areas.

ATCP 50.01 Note Note: “Leachate” contains much higher concentrations of contaminants than contaminated runoff.

ATCP 50.01(16) (16) “Livestock operation” means a feedlot or other facility or pasture where animals are fed, confined, maintained, or stabled.

ATCP 50.01(17) (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.

ATCP 50.01(18) (18) “Local regulation” means any of the following regulations that require conservation practices on farms:

ATCP 50.01(18)(a) (a) Soil and water conservation standards that a county land conservation committee adopts under s. 92.07 (2), Stats.

ATCP 50.01(18)(b) (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.

ATCP 50.01(18)(c) (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.

ATCP 50.01(18)(d) (d) A regulation adopted by a county drainage board, a lake district, or other special purpose district, or a tribe.

ATCP 50.01(19) (19) “LWCB” means the state of Wisconsin land and water conservation board.