Chapter ATCP 50

ATCP 50.738(2)(b) (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.

ATCP 50.738(2)(c) (c) Must address a water quality resource concern.

ATCP 50.738(2)(d) (d) The site has been in agricultural production for 4 out of the previous 6 years.

ATCP 50.738(2)(e) (e) The planned buffer is at least 30-feet wide and no more than 150-feet wide.

ATCP 50.738(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:

ATCP 50.738(3)(a) (a) The cost of fencing to protect the planted vegetation.

ATCP 50.738(3)(b) (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.

ATCP 50.738(3)(c) (c) The cost to shape, smooth, or prepare the site before establishing vegetative cover.

ATCP 50.738(4) (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:

ATCP 50.738(4)(a) (a) The harvestable buffer practices comply with all of the following that apply:

ATCP 50.738(4)(a)1. 1. NRCS conservation practice standard 393 filter strip (January, 2017).

ATCP 50.738(4)(a)2. 2. NRCS Wisconsin agronomy technical note 6 establishing and maintaining introduced grasses and legumes (March, 2013).

ATCP 50.738(4)(a)3. 3. NRCS Wisconsin agronomy technical note 10 planning, design, management and maintenance of vegetative filter strips (VFS) (March, 2017).

ATCP 50.738(4)(a)4. 4. NRCS conservation practice standard 315 herbaceous weed treatment (June 2016).

ATCP 50.738(4)(b) (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.

ATCP 50.738 History 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 ATCP 50.74 Hydrologic restoration.

ATCP 50.74(1) (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:

ATCP 50.74(1)(a) (a) Diversions under s. ATCP 50.70.

ATCP 50.74(1)(b) (b) Grade stabilization structures under s. ATCP 50.73.

ATCP 50.74(1)(c) (c) Streambank or shoreline protection under s. ATCP 50.88.

ATCP 50.74(1)(d) (d) Stream restoration under s. ATCP 50.882.

ATCP 50.74(1)(e) (e) Stream crossing under s. ATCP 50.885.

ATCP 50.74(1)(f) (f) Subsurface drains under s. ATCP 50.90.

ATCP 50.74(1)(g) (g) Underground outlets under s. ATCP 50.92.

ATCP 50.74(1)(h) (h) Water and sediment control basins under s. ATCP 50.95.

ATCP 50.74(1)(i) (i) Waterway systems under s. ATCP 50.96.

ATCP 50.74(1)(j) (j) Wetland development or restoration under s. ATCP 50.98.

ATCP 50.74(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to hydrologic restoration:

ATCP 50.74(2)(a) (a) Costs for system components under subs. (1) and (4) that are eligible for reimbursement under this subchapter.

ATCP 50.74(2)(b) (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.

ATCP 50.74(2)(c) (c) Costs to purchase and install permanent fencing around the project area.

ATCP 50.74(2)(d) (d) Preparatory shaping and smoothing operations.

ATCP 50.74(2)(e) (e) Costs for site preparation, grading, shaping and filling.

ATCP 50.74(3) (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.

ATCP 50.74(4) (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:

ATCP 50.74(4)(a) (a) The hydrologic restoration complies with all of the following that apply:

ATCP 50.74(4)(a)1. 1. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).

ATCP 50.74(4)(a)2. 2. NRCS conservation practice standard 327 conservation cover (January, 2013).

ATCP 50.74(4)(a)3. 3. NRCS conservation practice standard 332 contour buffer strips (July, 2016).

ATCP 50.74(4)(a)4. 4. NRCS conservation practice standard 338 prescribed burning (March, 2016).

ATCP 50.74(4)(a)5. 5. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.74(4)(a)6. 6. NRCS conservation practice standard 356 dike (September, 2016).

ATCP 50.74(4)(a)7. 7. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.74(4)(a)8. 8. NRCS conservation practice standard 386 field border (January, 2017).

ATCP 50.74(4)(a)9. 9. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).

ATCP 50.74(4)(a)10. 10. NRCS conservation practice standard 396 aquatic organism passage (July, 2016).

ATCP 50.74(4)(a)11. 11. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.74(4)(a)12. 12. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.74(4)(a)13. 13. NRCS conservation practice standard 554 drainage water management (August, 2021).

ATCP 50.74(4)(a)14. 14. NRCS conservation practice standard 587 structure for water control (January, 2018).

ATCP 50.74(4)(a)15. 15. NRCS conservation practice standard 604 saturated buffer (June, 2021).

ATCP 50.74(4)(a)16. 16. NRCS conservation practice standard 654 road/trail/landing closure and treatment (January, 2018).

ATCP 50.74(4)(a)17. 17. NRCS conservation practice standard 666 forest stand improvement (October, 2017).

ATCP 50.74(4)(b) (b) The landowner agrees to maintain the hydrologic restoration treatments for 10 years.

ATCP 50.74 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1), (2) (a), (4) (a) 10., 17 made under s. 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

ATCP 50.75 ATCP 50.75 Livestock fencing.

ATCP 50.75(1) (1) Definition. In this section, “livestock fencing” means either of the following:

ATCP 50.75(1)(a) (a) Excluding livestock, by fencing or other means, in order to protect an erodible area or a practice under this subchapter.

ATCP 50.75(1)(b) (b) Restricting, by fencing or other means, human access to manure storage structures or other practices under this subchapter which may pose a hazard to humans.

ATCP 50.75(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for livestock fencing, including the cost of designing and installing permanent fencing, gates, and related devices that are necessary to protect a practice, or to prevent degradation of waters of the state.

ATCP 50.75(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse the costs for any of the following:

ATCP 50.75(3)(a) (a) Electric fence energizers.

ATCP 50.75(3)(b) (b) Portable fences and equipment used to contain or exclude livestock.

ATCP 50.75(3)(c) (c) Fencing, gates, or other equipment used primarily for the purpose of segregating, handling, or feeding livestock, rather than protecting an erodible area or a practice under this subchapter.

ATCP 50.75(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse livestock fencing costs unless all of the following conditions are met:

ATCP 50.75(4)(a) (a) The livestock fencing complies with all of the following that apply:

ATCP 50.75(4)(a)1. 1. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.75(4)(a)2. 2. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.75(4)(b) (b) The landowner agrees to maintain the livestock fencing practice for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.75 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1. and 2. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 1. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (4) (a) 2. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (4) (a) 1., 2. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.76 ATCP 50.76 Livestock watering facilities.

ATCP 50.76(1) (1) Definition. In this section, “livestock watering facility” means a trough, tank, pipe, conduit, spring development, pump, well, or other device or combination of devices installed to deliver drinking water to livestock.

ATCP 50.76(2) (2) Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish a livestock watering facility if the livestock watering facility is a necessary component of a prescribed grazing system funded under s. ATCP 50.80, or if all of the following conditions are met:

ATCP 50.76(2)(a) (a) The livestock watering facility will do one of the following:

ATCP 50.76(2)(a)1. 1. Prevent nonpoint source water pollution by replacing livestock access to a stream or other natural drinking water source.

ATCP 50.76(2)(a)2. 2. Water livestock that are isolated from a natural drinking water source by another conservation practice under this subchapter.

ATCP 50.76(2)(b) (b) The livestock watering facility is necessary to achieve water quality objectives.

ATCP 50.76(2)(c) (c) Installing the livestock watering facility is less expensive than providing environmentally safe livestock access to a natural source of drinking water.

ATCP 50.76(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a livestock watering facility.

ATCP 50.76(4) (4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse costs for any of the following:

ATCP 50.76(4)(a) (a) More than one livestock watering facility when the need for more than one watering facility is created by the segregation or handling of livestock within a manure management system. This paragraph does not apply when the need for more than one livestock watering facility is created by the segregation or handling of livestock within a prescribed grazing system.

ATCP 50.76(4)(b) (b) A water supply used for purposes other than providing drinking water to livestock.

ATCP 50.76(4)(c) (c) Installing a livestock watering facility if there is a less expensive way to water livestock, consistent with soil and water conservation goals.

ATCP 50.76(5) (5) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of establishing a livestock watering facility unless all of the following conditions are met:

ATCP 50.76(5)(a) (a) The livestock watering facility complies with all of the following that apply:

ATCP 50.76(5)(a)1. 1. NRCS conservation practice standard 574 spring development (August, 2021).

ATCP 50.76(5)(a)2. 2. NRCS conservation practice standard 614 watering facility (June, 2021).

ATCP 50.76(5)(a)3. 3. NRCS conservation practice standard 642 water well (August, 2021).