Wisconsin Legislature: ATCP 50.75(4)(a)2.

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).

12. NRCS conservation practice standard 484 mulching (June, 2016).

13. NRCS conservation practice standard 554 drainage water management (August, 2021).

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

15. NRCS conservation practice standard 604 saturated buffer (June, 2021).

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

17. NRCS conservation practice standard 666 forest stand improvement (October, 2017).

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

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 Livestock fencing.

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

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

(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.

(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.

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

(a) Electric fence energizers.

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

(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.

(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:

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

1. NRCS conservation practice standard 382 fence (January, 2014).

2. NRCS conservation practice standard 472 access control (January, 2018).

(b) The landowner agrees to maintain the livestock fencing practice 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. (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 Livestock watering facilities.

(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.

(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:

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

1. Prevent nonpoint source water pollution by replacing livestock access to a stream or other natural drinking water source.

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

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

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

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

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

(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.

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

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

(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:

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

1. NRCS conservation practice standard 574 spring development (August, 2021).

2. NRCS conservation practice standard 614 watering facility (June, 2021).

3. NRCS conservation practice standard 642 water well (August, 2021).

4. NRCS conservation practice standard 516 livestock pipeline (June, 2021).

5. Chapter NR 812, related to well construction and pump installation.

6. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

7. NRCS conservation practice standard 533 pumping plant (August, 2021).

(b) The landowner agrees to maintain the livestock watering facility 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. (5) (a) 1. and 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (5) (a) 2. to 4., cr. (5) (a) 6., 7. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (5) (a) 1., 6. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (5) (a) 2., 3., 6. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (5) (a) 4., 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (5) (a) 1. to 4., 6., 7. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.77 Milking center waste control systems.

(1) Definitions. In this section:

(a) “Milking center waste” means waste water, cleaning ingredients, waste milk, or other discharge from a milking parlor or milkhouse.

(b) “Milking center waste control system” means a system of facilities or equipment designed to contain or control the discharge of milking center waste.

(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a milking center waste control system:

(a) Costs to design, construct, repair, or modify a milking center waste control system, including costs for appropriate waste pretreatment, waste storage, and land irrigation equipment.

(b) Costs for conduits, pumps, and related equipment required to transfer milking center wastes, provided that the equipment is designed and used for that sole purpose.

(c) Other milking center waste control measures, approved by the department, that are needed to meet identified water quality objectives. These measures may include conservation sinks, pre-cooler water utilization systems, manifold cleaning systems, air injection systems, wastewater treatment strips used with appropriate waste pretreatment measures, recyclable water storage and plumbing for automatic water and cleaning chemicals controls, flocculator systems, waste milk diverter valves, and booster pumps for parlor floor cleaning.

(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a milking center waste control system:

(a) Costs for any system, component, or practice that is not needed to correct an identified water pollution hazard.

(b) Buildings or modifications to buildings. This paragraph does not apply to building modifications that are essential for the installation of a milking center waste control system.

(4) Design, construction, and maintenance. A cost-share grant may not reimburse any costs related to a milking center waste control system unless all of the following conditions are met:

(a) The system complies with all of the following that apply:

1. NRCS conservation practice standard 627 wastewater treatment, milk house (November, 2022).

2. NRCS conservation practice standard 313 waste storage facility (October, 2017).

3. NRCS conservation practice standard 634 waste transfer (November, 2022).

4. NRCS conservation practice standard 590 nutrient management (December, 2015).

5. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).

6. NRCS conservation practice standard 656 constructed wetland (December, 2016).

(b) The landowner agrees to maintain the milking center waste control system for 10 years unless the milking operation is discontinued.

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1. to 5. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) 1. to 4., cr. (4) (a) 6., 7. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 2. to 4. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (a) 6. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (a) 5., 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: r. (4) (a) 1., renum. (4) (a) 2. to 7. to be (4) (a) 1. to 6. and am. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.78 Nutrient management.

(1) Definitions. In this section, “nutrient management” means controlling the amount, source, form, location, and timing of plant nutrient applications, including application of organic wastes, commercial fertilizers, soil reserves, and legumes, in order to provide plant nutrients while minimizing the movement of nutrients to surface water and groundwater.

(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for nutrient management prescribed in a nutrient management plan. A cost-share grant may reimburse any of the following costs related to nutrient management:

(a) Costs for soil and plant nutrient testing, including residual nitrogen analysis.

(b) Costs for nutrient analysis of manure and other organic waste.

(3) Design and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse nutrient management costs under this section unless all of the following conditions are met:

(a) The nutrient management practice complies with NRCS conservation practice standard 590 nutrient management (December, 2015).

Note: The NRCS conservation practice standard 590 nutrient management can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.

(b) The landowner agrees to maintain the nutrient management practice in each year for which cost-sharing is provided.

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (3) (a) Register May 2007 No. 617, eff. 6-1-07; CR 16-083: am. (3) (a) Register January 2017 No. 745, eff. 2-1-18; CR 23-024: am. (3) (a) Register May 2024 No. 821, eff. 6-1-24.