Chapter ATCP 50

ATCP 50.48(5)(b) (b) Represent, contrary to a valid written notice under sub. (4), that an individual is a qualified nutrient management planner under this section.

ATCP 50.48(5)(c) (c) Misrepresent that a person is qualified to perform nutrient management plans for others, if that is not the case.

ATCP 50.48(6) (6) Records. A qualified nutrient management planner shall keep copies of all nutrient management plans that the qualified nutrient management planner prepares or approves for funding under s. 92.14 or 281.65 for a landowner claiming farmland preservation tax credits under s. 71.613, Stats. The qualified nutrient management planner shall retain the records for at least 4 years, and shall make them available for inspection and copying by the department or its agent upon request. The qualified nutrient management planner under s. ATCP 50.48 (3) shall complete the nutrient management checklist form provided by the department. The qualified nutrient management planner shall have reasonable documentation to substantiate each checklist response and shall provide it to the department or its agent upon request and in a format that allows for determination of compliance with s. ATCP 50.04 (3). Minimum documentation requirements are outlined in NRCS conservation practice standard 590 nutrient management (December 2015) and Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) and include:

ATCP 50.48(6)(a) (a) Narrative summarizing the farms implementation and operation of the nutrient management plan.

ATCP 50.48(6)(b) (b) Maps of the farm identifying fields, soils, and spreading restrictions and prohibitions.

ATCP 50.48(6)(c) (c) Crop, field, and nutrient information, such as crop rotation, tillage, soil nutrient levels and nutrient applications.

ATCP 50.48 Note Note: An example of reasonable documentation for substantiating checklist responses and determining compliance is a database file from nutrient management planning software.

ATCP 50.48 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (2) (a) 3. Register May 2007 No. 617, eff. 6-1-07; CR 16-083: am. (1) (a), (2) (a) 2. to 4., (6) Register January 2018 No. 745, eff. 2-1-18; correction in (2) (a) 4., (6) made under s. 35.17, Stats., Register January 2018 No. 745; CR 23-024: am. (1) (a), (2) (a) 4., (4), renum. (6) to (6) (intro.) and am., cr. (6) (a) to (c) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.50 ATCP 50.50 Soil and manure testing laboratories.

ATCP 50.50(1) (1) Certified laboratory. A nutrient management plan shall be based on soil tests conducted at the University of Wisconsin or another soil testing laboratory certified by the department. The department may certify a laboratory according to this section.

ATCP 50.50(2) (2) Applying for certification. A laboratory operator may apply to the department for certification under sub. (1). An operator shall submit a separate application, on a form provided by the department, for each laboratory for which the operator seeks certification. The application shall include all of the following:

ATCP 50.50(2)(a) (a) The name of the laboratory operator.

ATCP 50.50(2)(b) (b) The address of the laboratory.

ATCP 50.50(2)(c) (c) The name and telephone number of the individual who is responsible for on-site administration of the laboratory.

ATCP 50.50(2)(d) (d) The soil tests, test methods, and nitrogen estimation methods used by the laboratory. The laboratory shall be capable of performing the following tests according to methods prescribed by the University of Wisconsin-Extension in Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, UWEX Publication A2809 (2012), and by the University of Wisconsin-Madison soil science department in Wisconsin Procedures for Soil Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility Series (October, 2013) and shall be capable of estimating nitrogen levels based on those tests:

ATCP 50.50(2)(d)1. 1. Soil pH.

ATCP 50.50(2)(d)2. 2. Buffer pH.

ATCP 50.50(2)(d)3. 3. Phosphorus (P).

ATCP 50.50(2)(d)4. 4. Potassium (K).

ATCP 50.50(2)(d)5. 5. Organic matter (OM).

ATCP 50.50 Note Note: Copies of the Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin. UWEX Publication A2809 (2012) and the Wisconsin Procedures for Soil Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility Series (October, 2013) are on file at the department and legislative reference bureau. To obtain a copy of the A2809, see s. ATCP 50.04 (3) (f) 4. (note). Copies of the Wisconsin Procedures publication are available at the University of Wisconsin website at: https://uwlab.soils.wisc.edu/about-us/lab-procedures-and-methods/.

ATCP 50.50(2)(e) (e) Documentation showing that the laboratory is qualified and equipped to perform accurate soil tests and nitrogen estimates under par. (d).

ATCP 50.50(2)(f) (f) License conditions specified by the department, including compliance with subs. (4) to (6).

ATCP 50.50(2)(g) (g) Other relevant information required by the department.

ATCP 50.50 Note Note: The soil testing laboratory certification form and the list of approved soil testing laboratories can be found at the following web address: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.

ATCP 50.50(3) (3) Action on certification request. The department shall grant or deny a certification request under sub. (2) within 30 days after the department receives a complete request. The department may grant a certification request based on information provided under sub. (2). A certification is nontransferable. A certification remains in effect until withdrawn by the department.

ATCP 50.50(4) (4) Nutrient recommendations. If a certified laboratory recommends nutrient applications to a landowner that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin Extension in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops in Wisconsin, UWEX publication A2809 (2012), the laboratory shall make those recommendations in writing and shall disclose all of the following in the same document:

ATCP 50.50(4)(a) (a) The landowner’s name and address.

ATCP 50.50(4)(b) (b) The nutrient application amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension. The laboratory shall disclose these amounts so the landowner can easily compare them with the laboratory’s recommended amounts.

ATCP 50.50(4)(c) (c) The following statement, clearly and conspicuously printed adjacent to the laboratory’s recommended nutrient applications:

IMPORTANT NOTICE

Our recommended nutrient applications exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin. The amounts required to achieve the UW’s recommended crop fertility levels are shown for comparison. Excessive nutrient applications may increase your costs, and may cause surface water and groundwater pollution. If you apply nutrients at the rates we recommend, you will not comply with state soil and water conservation standards. You may contact your county land conservation committee for more information.

ATCP 50.50 Note Note: To obtain a copy of A2809, see s. ATCP 50.04 (3) (f) 4. (Note).

ATCP 50.50(5) (5) Records. A certified soil testing laboratory shall keep records of all of the following for at least 4 years, and shall make those records available for inspection and copying by the department upon request:

ATCP 50.50(5)(a) (a) Records of all soil tests conducted at the laboratory.

ATCP 50.50(5)(b) (b) Copies of all nutrient application recommendations made by the laboratory.

ATCP 50.50(6) (6) Laboratory evaluation.

ATCP 50.50(6)(a) (a) The department or its agent may review the performance of a soil testing laboratory certified under this section. The department or its agent may do any of the following as part of its review:

ATCP 50.50(6)(a)1. 1. Review relevant laboratory records.

ATCP 50.50(6)(a)2. 2. Evaluate laboratory facilities and methods.

ATCP 50.50(6)(a)3. 3. Evaluate the proficiency of laboratory analysts.

ATCP 50.50(6)(a)4. 4. Evaluate the laboratory’s proficiency in testing check samples provided by the department or its agent.

ATCP 50.50(6)(b) (b) A laboratory operator shall cooperate with a reasonable review under par. (a).

ATCP 50.50(7) (7) Denying or withdrawing certification.

ATCP 50.50(7)(a) (a) The department may deny, suspend, revoke, or impose conditions on a certification under this section if the department finds that the laboratory has done any of the following:

ATCP 50.50(7)(a)1. 1. Failed to submit a complete application under sub. (2).

ATCP 50.50(7)(a)2. 2. Failed to perform soil tests with reasonable accuracy.

ATCP 50.50(7)(a)3. 3. Failed to comply with applicable requirements under this section.

ATCP 50.50(7)(a)4. 4. Falsified relevant information.

ATCP 50.50(7)(b) (b) If the department denies, suspends, revokes, or imposes conditions on a laboratory certification, the department shall give the laboratory operator written notice of the department’s reasons for that action.

ATCP 50.50(7)(c) (c) A laboratory operator may request a contested case hearing under s. 227.42, Stats. and ch. ATCP 1 on the department’s action under this subsection.

ATCP 50.50(8) (8) Manure testing laboratories. Manure nutrient values determined by laboratory analyses do not qualify under s. ATCP 50.04 (3) (dm) 2. unless the laboratory performing those analyses complies with all of the following:

ATCP 50.50(8)(a) (a) The laboratory participates in the manure analysis proficiency program administered by the Minnesota department of agriculture, or in an equivalent proficiency program administered by the University of Wisconsin soil analysis laboratory, and provides copies of proficiency reports to the department upon request.

ATCP 50.50 Note Note: A manure testing laboratory may qualify under sub. (8), regardless of whether the laboratory is certified as a soil testing laboratory under sub. (1). A laboratory may contact the department, at the following address, for information on how to enroll in a manure analysis proficiency program under par. (a):

ATCP 50.50 Note Wis. Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
Nutrient Management Program
PO Box 8911
Madison, WI 53708-8911

ATCP 50.50(8)(b) (b) The laboratory is capable of performing all of the following manure analyses according to methods prescribed by the University of Wisconsin-Extension in Recommended Methods of Manure Analysis, UWEX publication A3769 (2003):

ATCP 50.50(8)(b)1. 1. Percent dry matter (DM).

ATCP 50.50(8)(b)2. 2. Total nitrogen.

ATCP 50.50(8)(b)3. 3. Total phosphorus expressed as P205.

ATCP 50.50(8)(b)4. 4. Total potassium expressed as K20.

ATCP 50.50 Note Note: The University of Wisconsin-Extension publication, Recommended Methods of Manure Analysis, UWEX publication A3769 (2003), is on file with the department and legislative reference bureau. Copies may be obtained by visiting the UWEX website at: http://learningstore.uwex.edu.

ATCP 50.50(8)(c) (c) The laboratory is capable of estimating total and available nutrient levels based on the manure tests under par. (b) and the availability percentages shown in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops in Wisconsin, UWEX publication A2809 (2012).

ATCP 50.50(9) (9) Conflict of interest. For the purpose of complying with s. ATCP 50.04 (3) a privately owned laboratory certified under this section shall not perform soil test analysis on cropland managed or owned by a person managing or having a substantial financial interest in the laboratory.

ATCP 50.50 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (2) (intro.), (b), (c), (d) 2., and (f), cr. (8) Register May 2007 No. 617, eff. 6-1-07; CR 08-075: am. (2) (d) (intro.) and (8) (c) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (intro.), (d), (4) (intro.) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (d) (intro.), (8) (c), cr. (9) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: cr. (7) (c) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.52 ATCP 50.52 Training for county staff.

ATCP 50.52(1) (1) Role of the department. The department, in consultation with the county land conservation committees and the training advisory committee appointed under sub. (2), may do any of the following to ensure adequate training of county land conservation committee staff who administer programs under this chapter or s. 281.65, Stats.:

ATCP 50.52(1)(a) (a) Determine training needs and priorities.

ATCP 50.52(1)(b) (b) Identify training opportunities and resources.

ATCP 50.52(1)(c) (c) Make training recommendations.

ATCP 50.52(1)(d) (d) Approve training programs funded under this chapter.

ATCP 50.52(1)(e) (e) Coordinate the delivery of training.

ATCP 50.52(1)(f) (f) Provide training and assess fees to cover training costs.

ATCP 50.52(1)(g) (g) Issue training guidelines and requirements for certified conservation engineering practitioners under s. ATCP 50.46 (10).

ATCP 50.52(1)(h) (h) Distribute training funds to counties under s. ATCP 50.32.

ATCP 50.52(2) (2) Training advisory committee. The department shall appoint a training advisory committee to advise the department on training activities under sub. (1). The committee shall include representatives of all of the following:

ATCP 50.52(2)(a) (a) DNR.

ATCP 50.52(2)(b) (b) NRCS.

ATCP 50.52(2)(c) (c) The University of Wisconsin-Extension.

ATCP 50.52(2)(d) (d) The statewide association representing land conservation committees and their staffs.

ATCP 50.52 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (g), (2) (d), r. (2) (e) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (c) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (c) made under s. 13.92 (4) (b) 6., Stats., Register May 2024 No. 821.

subch. VII of ch. ATCP 50 Subchapter VII — Local Regulation

ATCP 50.54 ATCP 50.54 Local regulations; general.

ATCP 50.54(1) (1) Review of local regulations. The department may review and comment on local regulations.

ATCP 50.54 Note Note: Local conservation requirements should be consistent with this chapter (see ss. 92.05 (1), (3) (c) and (L), 92.07 (2), 92.11, 92.15 (2) to (4), 92.16, 92.17, 93.90, and 281.16 (3), Stats.). A local regulation may not require a livestock operator to obtain a license or permit for a new or expanding livestock operation, except as specifically authorized under s. 93.90, Stats., and ch. ATCP 51. When exercising their approval authority under the livestock facility siting law, political subdivisions may be limited in their application of local manure storage ordinances adopted under s. 92.16, Stats., and s. ATCP 50.56. (See s. ATCP 51.10 (1)).

ATCP 50.54(2) (2) Cost-sharing required.

ATCP 50.54(2)(a) (a) No county, local government, or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government, or tribe first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:

ATCP 50.54(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).

ATCP 50.54(2)(a)2. 2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation” has the meaning given in s. NR 151.095 (5) (b).

ATCP 50.54(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan under s. ATCP 50.04 (3) when required by any of the following: