Chapter ATCP 50

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).

ATCP 50.76(5)(a)4. 4. NRCS conservation practice standard 516 livestock pipeline (June, 2021).

ATCP 50.76(5)(a)5. 5. Chapter NR 812, related to well construction and pump installation.

ATCP 50.76(5)(a)6. 6. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.76(5)(a)7. 7. NRCS conservation practice standard 533 pumping plant (August, 2021).

ATCP 50.76(5)(b) (b) The landowner agrees to maintain the livestock watering facility for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.76 History 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 ATCP 50.77 Milking center waste control systems.

ATCP 50.77(1) (1) Definitions. In this section:

ATCP 50.77(1)(a) (a) “Milking center waste” means waste water, cleaning ingredients, waste milk, or other discharge from a milking parlor or milkhouse.

ATCP 50.77(1)(b) (b) “Milking center waste control system” means a system of facilities or equipment designed to contain or control the discharge of milking center waste.

ATCP 50.77(2) (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:

ATCP 50.77(2)(a) (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.

ATCP 50.77(2)(b) (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.

ATCP 50.77(2)(c) (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.

ATCP 50.77(3) (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:

ATCP 50.77(3)(a) (a) Costs for any system, component, or practice that is not needed to correct an identified water pollution hazard.

ATCP 50.77(3)(b) (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.

ATCP 50.77(3)(c) (c) Portable equipment for spreading milking center wastes onto land or incorporating those wastes into land.

ATCP 50.77(4) (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:

ATCP 50.77(4)(a) (a) The system complies with all of the following that apply:

ATCP 50.77(4)(a)1. 1. NRCS conservation practice standard 627 wastewater treatment, milk house (November, 2022).

ATCP 50.77(4)(a)2. 2. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.77(4)(a)3. 3. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.77(4)(a)4. 4. NRCS conservation practice standard 590 nutrient management (December, 2015).

ATCP 50.77(4)(a)5. 5. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).

ATCP 50.77(4)(a)6. 6. NRCS conservation practice standard 656 constructed wetland (December, 2016).

ATCP 50.77(4)(b) (b) The landowner agrees to maintain the milking center waste control system for 10 years unless the milking operation is discontinued.

ATCP 50.77 History 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 ATCP 50.78 Nutrient management.

ATCP 50.78(1) (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.

ATCP 50.78(2) (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:

ATCP 50.78(2)(a) (a) Costs for soil and plant nutrient testing, including residual nitrogen analysis.

ATCP 50.78(2)(b) (b) Costs for nutrient analysis of manure and other organic waste.

ATCP 50.78(2)(c) (c) Costs to develop or revise a nutrient management plan.

ATCP 50.78(3) (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:

ATCP 50.78(3)(a) (a) The nutrient management practice complies with NRCS conservation practice standard 590 nutrient management (December, 2015).

ATCP 50.78 Note 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.

ATCP 50.78(3)(b) (b) The landowner agrees to maintain the nutrient management practice in each year for which cost-sharing is provided.

ATCP 50.78 History 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.

ATCP 50.785 ATCP 50.785 Nutrient treatment system.

ATCP 50.785(1) (1) Definition. In this section “nutrient treatment system” means a system installed to intercept subsurface (tile) flow, groundwater, or surface runoff flow to reduce the concentration of phosphorus or nitrate nitrogen and minimize the movement of these nutrients to surface water, or groundwater, or both.

ATCP 50.785(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a nutrient treatment system:

ATCP 50.785(2)(a) (a) Costs to design or install the system.

ATCP 50.785(2)(b) (b) Costs to purchase and install necessary underground pipe, subsurface drain tile, outlets and other necessary structures for water control or mechanical outlets.

ATCP 50.785(2)(c) (c) Costs to remove obstructions, if necessary for the installation of an effective nutrient management system.

ATCP 50.785(2)(d) (d) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

ATCP 50.785(2)(e) (e) Cost to install permanent fencing to protect the nutrient treatment system.

ATCP 50.785(2)(f) (f) Other nutrient treatment systems, approved by the department, that are needed to meet identified water quality objectives.

ATCP 50.785(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a nutrient treatment system:

ATCP 50.785(3)(a) (a) Costs to design a nutrient treatment system that is not installed.

ATCP 50.785(3)(b) (b) Costs of a proposed practice, to the extent that those costs exceed the cost of an equally effective alternative.

ATCP 50.785(3)(c) (c) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.

ATCP 50.785(3)(d) (d) Costs to install a nutrient treatment system in urban settings or that does not address agricultural runoff or drainage.

ATCP 50.785(4) (4) Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse costs related to a nutrient treatment system unless all of the following conditions are met: