Chapter ATCP 50

ATCP 50.56(3)(b)4. 4. Require consistency with state performance standards and prohibitions, and require construction in accordance with conservation practice standards including all of the following:

ATCP 50.56(3)(b)4.a. a. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.56(3)(b)4.b. b. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.56(3)(b)4.c. c. Other applicable NRCS conservation practice standards.

ATCP 50.56(3)(b)4.d. d. Applicable DNR requirements under s. 281.65 (4) (g) 5., Stats.

ATCP 50.56(4) (4) Closure provisions. An ordinance adopted under s. 92.16, Stats., may prohibit any person from closing a manure storage system unless that person does all of the following:

ATCP 50.56(4)(a) (a) Submits a closure plan for approval by the county, city, village, or town. The closure plan shall comply with the waste facility closure provisions contained in the NRCS conservation practice standard 360 waste facility closure (June, 2021).

ATCP 50.56 Note Note: The NRCS conservation practice standard 360 is on file with the department and the legislative reference bureau.

ATCP 50.56(4)(b) (b) Obtains a permit for the closure.

ATCP 50.56(4)(c) (c) Complies with the approved closure plan under par. (a).

ATCP 50.56(5) (5) County review. Before a county, city, village, or town adopts or amends a manure storage ordinance under s. 92.16, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

ATCP 50.56(6) (6) Department oversight. The department may require a county, city, village, or town to submit a proposed or adopted ordinance to the department for review to determine consistency with this chapter in connection with the administration of an ordinance under s. 92.16, Stats. The department may ask the county, city, village, or town for information that it needs to perform the review.

ATCP 50.56 Note Note: See s. 92.05 (3) (L), Stats.

ATCP 50.56 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (c) 1., 2. and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (e), (f), r. and recr. (3), am. (4) (title), (intro.), (a) to (c), (6) (title), renum. (6) to (6) (intro.) and (b) and am., cr. (6) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 4. a., b. Register May 2015 No. 713, eff. 6-1-15; correction in (3) (b) 4. a. made under s. 35.17, Stats., Register May 2015 No. 713; CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (b) 4. (intro.), a. to c., (4) (a), renum. (6) (intro.) to (6) and am., r. (6) (a), (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.58 ATCP 50.58 Shoreland management; ordinance.

ATCP 50.58(1) (1) General. A county, city, village, or town may adopt or amend a shoreland management ordinance under s. 92.17, Stats., with department approval.

ATCP 50.58 Note Note: This subsection does not limit the authority of a county, city, village, or town to adopt a shoreland management ordinance under other applicable law.

ATCP 50.58(2) (2) Contents. An ordinance adopted under s. 92.17, Stats., shall include all of the following provisions:

ATCP 50.58(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.

ATCP 50.58(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

ATCP 50.58(2)(c) (c) Definitions of significant terms used in the ordinance.

ATCP 50.58(2)(d) (d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.

ATCP 50.58(2)(e) (e) Soil and water resource management practices or compliance standards required under the ordinance.

ATCP 50.58(2)(f) (f) Procedures for developing and approving conservation plans, if required under the ordinance.

ATCP 50.58(2)(g) (g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

ATCP 50.58(2)(h) (h) Provisions, if any, related to the initial applicability and severability of the ordinance.

ATCP 50.58(2)(i) (i) The effective date of the ordinance.

ATCP 50.58(3) (3) County review. Before a county, city, village, or town adopts or amends a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

ATCP 50.58(4) (4) Department approval.

ATCP 50.58(4)(a) (a) A county, city, village, or town may submit a proposed ordinance or amendment for department approval under sub. (1). Except as provided in par. (c), the county, city, village, or town shall submit all of the following with the proposed ordinance or amendment:

ATCP 50.58(4)(a)1. 1. County comments under sub. (3), if any.

ATCP 50.58(4)(a)2. 2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.

ATCP 50.58(4)(a)3. 3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs. 59 to 68, Stats.

ATCP 50.58(4)(b) (b) Except as provided in par. (c), the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under sub. (1). The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.

ATCP 50.58 Note Note: DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs. NR 115 and 117.

ATCP 50.58(4)(c) (c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under par. (a), if the department finds that the amendment involves no significant legal or policy issues.

ATCP 50.58(4)(d) (d) The department may approve a shoreland management ordinance or amendment proposed under s. 92.17, Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s. 92.17, Stats.

ATCP 50.58(4)(e) (e) Whenever a county, city, village, or town adopts a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall file a certified copy of the adopted ordinance with the department.

ATCP 50.58 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

ATCP 50.60 ATCP 50.60 Livestock operations; local regulation.

ATCP 50.60(1) (1) Local regulations that exceed state standards; approval required.

ATCP 50.60(1)(a) (a) Except as provided in par. (b), no local regulation may require nutrient management or other conservation practices for livestock operations that exceed the practices required under s. ATCP 50.04 unless the department or DNR approves those requirements under this section or s. NR 151.096.

ATCP 50.60 Note Note: See s. 92.15, Stats. A person adversely affected by a local livestock regulation may oppose its adoption at the local level. The person may also challenge a local regulation in court if the person believes that the local governmental unit has violated par. (a) or s. 92.15, Stats. A local governmental unit is responsible for analyzing the legal adequacy of its regulations, and may exercise its own legal judgment in deciding whether to seek state approval under this section.

ATCP 50.60 Note A local permit requirement does not, by itself, violate par. (a). But permit conditions codified in a local regulation must comply with par. (a). In the case of local permit conditions for new and expanding livestock operations, local governmental units must codify more stringent regulation and meet other requirements of s. ATCP 51.10 (3). If a local governmental unit routinely requires permit holders to comply with uncodified conservation requirements that exceed state standards, those uncodified requirements may be subject to court challenge under s. 92.15, Stats., and par. (a) as de facto regulatory enactments. A local governmental unit may forestall a legal challenge by codifying standard permit conditions and obtaining any necessary state approval under this section. The department will review codified regulations under sub. (2), but will not review individual permits or uncodified permit conditions.

ATCP 50.60(1)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 50.60(1)(b)1. 1. Local regulation of cropping practices that are not directly related to a livestock operation.

ATCP 50.60(1)(b)2. 2. Local regulations enacted prior to October 1, 2002. This does not limit the application of s. 92.15, Stats., to those local regulations.

ATCP 50.60(2) (2) Department approval.

ATCP 50.60(2)(a) (a) To obtain department approval under sub. (1) (a) for an existing or proposed regulation, the head of the local governmental unit or the chair of the local governmental unit’s governing board shall do all the following:

ATCP 50.60(2)(a)1. 1. Submit a copy of the regulation to the department and DNR.

ATCP 50.60(2)(a)2. 2. Identify the provisions of the regulation for which the local governmental unit seeks approval.

ATCP 50.60(2)(a)3. 3. Submit documentation showing why the identified provisions are needed to achieve compliance with water quality standards, and why compliance cannot be achieved by less stringent provisions.

ATCP 50.60(2)(b) (b) Within 90 days after the department receives a complete application under par. (a), the department shall grant or deny the requested approval. Before the department grants or denies the application, the department shall solicit a recommendation from DNR. The department shall issue its decision in writing, and shall state the reasons for its decision.

ATCP 50.60(2)(c) (c) The department may approve a provision identified under par. (a) 2. if the department finds that the provision is necessary to achieve compliance with water quality standards under s. 281.15, Stats., and that compliance cannot reasonably be achieved by less restrictive means.

ATCP 50.60(2)(d) (d) The department may not review or approve individual permits or permit conditions under this subsection, except that the department may review standard permit conditions that are codified in a local regulation. The department may approve those codified conditions if they meet the standard for approval under par. (c).

ATCP 50.60 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

subch. VIII of ch. ATCP 50 Subchapter VIII — Standards for Practices Receiving Financial Assistance

Subch. VIII of ch. ATCP 50 Note Note: For information on how to obtain NRCS conservation practice standards and any other standards required under this subchapter, including any secondary standards incorporated by reference in those standards, a person may visit the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx, or contact the department in writing at the following address:

Subch. VIII of ch. ATCP 50 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

Subch. VIII of ch. ATCP 50 Note Division of Agricultural Resource Management

Subch. VIII of ch. ATCP 50 Note P.O. Box 8911

Subch. VIII of ch. ATCP 50 Note Madison, WI 53708-8911

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

ATCP 50.61(1) (1) Practices must comply. Except as authorized under sub. (3), conservation practice standards and any other standards under this chapter, including any secondary standards incorporated by reference in those standards shall comply with applicable standards under this subchapter.

ATCP 50.61(2) (2) Standards adopted by rule. The department may not adopt, amend, or repeal standards under this subchapter, except by rule.

ATCP 50.61(3) (3) Voluntary use of updated technical standards. The department may authorize a county to provide financial assistance for a conservation practice to be implemented under the updated version of a technical or conservation practice standard listed in this subchapter. The county may provide financial assistance for the conservation practice using the updated standard if all of the following apply:

ATCP 50.61(3)(a) (a) The updated standard provides conservation benefits at least as beneficial as the version listed in this subchapter.

ATCP 50.61(3)(b) (b) The updated standard has been adopted by NRCS, DNR, the department, or the applicable entity listed in this subchapter.

ATCP 50.61(3)(c) (c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.

ATCP 50.61(4) (4) Pre-approval of cost-shared practices. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:

ATCP 50.61(4)(a) (a) Identify the practice for which pre-approval is required.

ATCP 50.61(4)(b) (b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.

ATCP 50.61(4)(c) (c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.

ATCP 50.61 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (title), (1), cr. (3), (4) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (title), (1), (3) (intro.), (a), (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.618 ATCP 50.618 Technical standards development process.

ATCP 50.618(1) (1) The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed.

ATCP 50.618(2) (2) The department may decide that the following is necessary to implement a performance standard:

ATCP 50.618(2)(a) (a) Develop a new technical standard for which the department will be the custodian.

ATCP 50.618(2)(b) (b) Revise an existing technical standard for which the department is the custodian.

ATCP 50.618(3) (3) The department shall use the process used by the standards oversight council, or other inter-disciplinary team, when it acts to develop or revise technical standards for which it is the custodian. The process shall include the following:

ATCP 50.618(3)(a) (a) The department shall convene a work group that includes agencies and persons with technical expertise and direct policy interest.

ATCP 50.618(3)(b) (b) The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department.

ATCP 50.618(3)(c) (c) The work group shall provide a recommended technical standard to the department.

ATCP 50.618(4) (4) Review and approval of technical standards. 

ATCP 50.618(4)(a) (a) Upon receipt of a recommended technical standard or technical standard revision, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards under s. 281.16 (3) (a), Stats.

ATCP 50.618(4)(b) (b) If the department determines that a recommended technical standard will not adequately or effectively implement a performance standard under s. 281.16 (3) (a), Stats., the recommended technical standard may not be used to implement a performance standard in whole or in part.

ATCP 50.618 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in numbering in section under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.62 ATCP 50.62 Manure storage systems.

ATCP 50.62(1) (1) Definitions. In this section: