Chapter ATCP 50

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:

ATCP 50.62(1)(a) (a) “Animal feeding operation” means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or management constitute a single animal feeding operation if any of the following apply:

ATCP 50.62(1)(a)1. 1. The operations are adjacent.

ATCP 50.62(1)(a)2. 2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

ATCP 50.62(1)(a)3. 3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

ATCP 50.62(1)(b) (b) “Manure management system” means a system of one or more practices, facilities, techniques, or measures used to prevent or reduce pollutants associated with manure. A “manure management system” may include one or more of the following:

ATCP 50.62(1)(b)1. 1. A manure storage system.

ATCP 50.62(1)(b)2. 2. A barnyard runoff control system as defined in s. ATCP 50.64 (1).

ATCP 50.62(1)(b)3. 3. Nutrient management as defined in s. ATCP 50.78 (1).

ATCP 50.62(1)(b)4. 4. Manure storage system closure as defined in s. ATCP 50.63 (1) (b).

ATCP 50.62(1)(b)5. 5. Well abandonment as described in ch. NR 812.

ATCP 50.62(1)(b)6. 6. A waste transfer system as defined in s. ATCP 50.93 (1).

ATCP 50.62(1)(c) (c) “Manure storage facility” means one or more manure storage structures. “Manure storage facility” includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. “Manure storage facility” does not include equipment used to apply manure to land.

ATCP 50.62(1)(d) (d) “Manure storage structure” means a manure storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. “Manure storage structure” does not include equipment used to apply manure to land.

ATCP 50.62(1)(e) (e) “Manure storage system” means a manure storage facility and related practices needed for the environmentally safe storage of manure at that facility. A “manure storage system” does not include any of the following:

ATCP 50.62(1)(e)1. 1. A milking center waste control system, except for the system component used to transfer the waste to manure storage.

ATCP 50.62(1)(e)2. 2. Nutrient management as defined in s. ATCP 50.78 (1).

ATCP 50.62(1)(e)3. 3. A barnyard runoff control system as defined in s. ATCP 50.64 (1), except for the system component used to transfer the waste to manure storage.

ATCP 50.62(1)(e)4. 4. Equipment used to apply manure to land.

ATCP 50.62(1)(e)5. 5. A feed storage system, except for the system component used to transfer leachate and contaminated runoff to manure storage.

ATCP 50.62(2) (2) Manure storage systems; eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a manure storage system:

ATCP 50.62(2)(a) (a) Costs to design or construct the system.

ATCP 50.62(2)(b) (b) Costs to purchase and install permanent fencing needed to protect the system.

ATCP 50.62(2)(c) (c) Abandonment of the system if abandonment is required to meet water quality objectives.

ATCP 50.62(2)(d) (d) Costs to repair, reconstruct, or modify the system, or to abandon a related well, if all of the following apply:

ATCP 50.62(2)(d)1. 1. The action is needed to meet water quality objectives.

ATCP 50.62(2)(d)2. 2. The remaining portions of the system are fully operational.

ATCP 50.62(2)(d)3. 3. The landowner has made a substantial investment in the system, and will lose that investment if the system is not repaired or modified.

ATCP 50.62(3) (3) Manure storage systems; ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs:

ATCP 50.62(3)(a) (a) Costs to design a manure storage system that is not installed.

ATCP 50.62(3)(b) (b) Costs to construct, modify, or support a building. This paragraph does not apply to a modification that is essential for the installation of a manure storage system, or to the construction of a roof pursuant to s. ATCP 50.84.

ATCP 50.62(3)(c) (c) Costs for equipment used to apply manure to land, including manure spreaders, portable pumps, and other nonstationary equipment.

ATCP 50.62(3)(d) (d) Any manure storage system costs related to an animal feeding operation if all of the manure from that operation could be applied to land according to the NRCS conservation practice standard 590 nutrient management (December, 2015) without causing or aggravating nonattainment of water quality standards.

ATCP 50.62(3)(e) (e) Costs of removing or spreading manure from the system.

ATCP 50.62(3)(f) (f) Costs for more than one manure storage system for an animal feeding operation.

ATCP 50.62(3)(g) (g) Costs for a manure storage system, to the extent that those costs exceed the cost of an equally effective alternative.

ATCP 50.62(3)(h) (h) That portion of the system capacity needed to accommodate a significant increase in the base livestock population size. If the landowner chooses a system with additional capacity, the cost-share grant will be prorated based on the eligible capacity. The following criteria shall be used in making the determinations under this paragraph, as applicable:

ATCP 50.62(3)(h)1. 1. The criteria used in s. NR 151.095 (5) (d) 2. d. to determine the size of the base livestock population.