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5. NRCS conservation practice standard 500 obstruction removal (June, 2021).
6. NRCS conservation practice standard 410 grade stabilization structure (August, 2021).
7. NRCS conservation practice standard 412 grassed waterway (August, 2021).
8. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).
9. NRCS conservation practice standard 484 mulching (June, 2016).
10. NRCS conservation practice standard 606 subsurface drain (June, 2021).
11. NRCS conservation practice standard 620 underground outlet (June, 2021).
12. NRCS conservation practice standard 638 water and sediment control basin (January, 2018).
(e) The landowner agrees to maintain the grade stabilization structure for 10 years unless farming operations on the affected land are discontinued.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (d) 1. to 4. and 7. to 10. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (d) 1. to 12. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (d) 2., 4., 10., 11. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (d) 7. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (d) 1. to 3., 5. to 7., 9., 12. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (d) 1. to 12. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.733 Habitat diversification.
(1) Definition. In this section, “habitat diversification” refers to the establishment and maintenance of native vegetative cover in an agricultural setting to provide habitat for wildlife and pollinator species.
Note: Habitat diversification practices convert small areas of agricultural fields to native stands of vegetation that augment normal agricultural operations; for example, establishing prairies strips within an agricultural field, or converting a small unproductive portion of an agricultural field to native pollinator habitat. While wildlife and pollinator habitat is the primary resource concern, the intention of these practices is to also provide water quality, soil health, and air quality benefits.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:
(a) The cost of fencing to protect the planted native vegetation.
(b) The cost to establish and manage vegetative cover, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.
(c) The cost to shape, smooth, or prepare the site before establishing native vegetative cover.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following for habitat diversification:
(a) Plantings that include introduced species.
(b) Whole-field conversion.
(c) Fertilizing grass plantings.
(d) Pasture plantings.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse habitat diversification costs unless all of the following conditions are met:
(a) The habitat diversification practices comply with all of the following that apply:
1. NRCS conservation practice standard 420 wildlife habitat planting (June, 2020).
2. NRCS conservation practice standard 386 field borders (January, 2017), which must include the additional criteria to provide wildlife food and cover and pollinator or other beneficial organisms and the considerations to enhance wildlife, or pollinator value, or both.
3. NRCS conservation practice standard 472 access control (January, 2018).
4. NRCS conservation practice standard 393 filter strips (January, 2017), which must include the considerations for creating, restoring, or enhancing herbaceous habitat for wildlife and beneficial insects and pollinators.
5. NRCS conservation practice standard 382 fence (January, 2014).
6. NRCS Wisconsin agronomy technical note 5 establishing and maintaining native grasses, forbs and legumes (April, 2013).
7. NRCS Wisconsin guidance document 420 habitat development for pollinators and butterflies (August, 2022).
(b) Following establishment of native vegetative cover, management of habitat complies with all of the following that apply:
1. NRCS conservation practice standard 338 prescribed burning (March, 2016).
2. NRCS conservation practice standard 314 brush management (April, 2017).
3. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).
(c) The landowner agrees to maintain the native vegetation for 10 years.
History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (4) (b) 3. made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.738 Harvestable buffers.
(1) Definition. In this section, “harvestable buffers” refers to the establishment of grass strips that can be harvested for livestock forage and that are intended to reduce agricultural runoff from entering an adjacent waterbody.
(2) Eligibility requirements. To qualify for financial assistance under s. ATCP 50.41, all of the following eligibility criteria must be met:
(a) The site is not eligible for the Conservation Reserve Enhancement Program.
(b) The buffer must be adjacent to an eligible waterbody. Eligible waterbodies include perennial and seasonal streams, creeks and ditches; lakes and ponds; wetlands; and sink holes. Gullies or areas where water runs only after precipitation are ineligible.
(c) Must address a water quality resource concern.
(d) The site has been in agricultural production for 4 out of the previous 6 years.
(e) The planned buffer is at least 30-feet wide and no more than 150-feet wide.
(3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:
(a) The cost of fencing to protect the planted vegetation.
(b) The cost to establish the harvestable buffer, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.
(c) The cost to shape, smooth, or prepare the site before establishing vegetative cover.
(4) Design, construction, and maintenance. Financial assistance under s. ATCP 50.41 may not be provided for harvestable buffers unless all of the following conditions are met:
(a) The harvestable buffer practices comply with all of the following that apply:
1. NRCS conservation practice standard 393 filter strip (January, 2017).
2. NRCS Wisconsin agronomy technical note 6 establishing and maintaining introduced grasses and legumes (March, 2013).
3. NRCS Wisconsin agronomy technical note 10 planning, design, management and maintenance of vegetative filter strips (VFS) (March, 2017).
4. NRCS conservation practice standard 315 herbaceous weed treatment (June 2016).
(b) The landowner agrees to maintain the vegetative cover for a period defined in the agreement with the county; the minimum maintenance period shall be 10 years.
History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1), (2) (b) made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.74 Hydrologic restoration.
(1) Definition. In this section “Hydrologic restoration” means applying combinations of practices designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such agricultural goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. These practices can also be used to reduce or repair erosion and maintain water supply. These benefits are achieved by improving hydrologic conditions, connections, and functions. Hydrologic restoration practices may improve and protect fish and wildlife habitat as an incidental benefit. Hydrologic restoration may include any of the following components:
(a) Diversions under s. ATCP 50.70.
(b) Grade stabilization structures under s. ATCP 50.73.
(c) Streambank or shoreline protection under s. ATCP 50.88.
(d) Stream restoration under s. ATCP 50.882.
(e) Stream crossing under s. ATCP 50.885.
(f) Subsurface drains under s. ATCP 50.90.
(g) Underground outlets under s. ATCP 50.92.
(h) Water and sediment control basins under s. ATCP 50.95.
(i) Waterway systems under s. ATCP 50.96.
(j) Wetland development or restoration under s. ATCP 50.98.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to hydrologic restoration:
(a) Costs for system components under subs. (1) and (4) that are eligible for reimbursement under this subchapter.
(b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed, and other necessary materials.
(c) Costs to purchase and install permanent fencing around the project area.
(d) Preparatory shaping and smoothing operations.
(e) Costs for site preparation, grading, shaping and filling.
(3) Ineligible costs. Except for violations of this chapter or ch. NR 151, a cost-share grant under s. ATCP 50.40 may not reimburse costs related to mitigation or correction of a violation of state or local law.
(4) Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse hydrologic restoration costs unless all of the following conditions are met:
(a) The hydrologic restoration complies with all of the following that apply:
1. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).
2. NRCS conservation practice standard 327 conservation cover (January, 2013).
3. NRCS conservation practice standard 332 contour buffer strips (July, 2016).
4. NRCS conservation practice standard 338 prescribed burning (March, 2016).
5. NRCS conservation practice standard 342 critical area planting (January, 2018).
6. NRCS conservation practice standard 356 dike (September, 2016).
7. NRCS conservation practice standard 382 fence (January, 2014).
8. NRCS conservation practice standard 386 field border (January, 2017).
9. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).
10. NRCS conservation practice standard 396 aquatic organism passage (July, 2016).
11. NRCS conservation practice standard 472 access control (January, 2018).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.