Chapter ATCP 50

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:

ATCP 50.785(4)(a) (a) The nutrient treatment system complies with all of the following that apply:

ATCP 50.785(4)(a)1. 1. NRCS conservation practice standard 605 denitrifying bioreactor (June, 2021).

ATCP 50.785(4)(a)2. 2. NRCS conservation practice standard 782 phosphorus removal system (May, 2019).

ATCP 50.785(4)(a)3. 3. NRCS conservation practice standard 606 subsurface drain (June, 2021)

ATCP 50.785(4)(a)4. 4. NRCS conservation practice standard 342 critical area planting standard (January, 2018).

ATCP 50.785(4)(a)5. 5. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.785(4)(a)6. 6. NRCS conservation practice standard 554 drainage water management (August, 2021).

ATCP 50.785(4)(a)7. 7. NRCS conservation practice standard 587 structure for water control (January, 2018).

ATCP 50.785(4)(a)8. 8. NRCS conservation practice standard 604 saturated buffer (June, 2021).

ATCP 50.785(4)(b) (b) The landowner agrees to maintain the nutrient treatment system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.785 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.79 ATCP 50.79 Pesticide management.

ATCP 50.79(1) (1) Definition. In this section, “pesticide management” means controlling the storage, handling, use, and disposal of pesticides used in crop production in order to minimize contamination of water, air, and nontarget organisms.

ATCP 50.79(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for pesticide management described in a pesticide management plan, if required, or described in the plan for the design of a pesticide structure. A cost-share grant may reimburse any of the following costs related to pesticide management:

ATCP 50.79(2)(a) (a) Costs for integrated pest management field scouting.

ATCP 50.79(2)(b) (b) Costs to develop or revise a pesticide management plan.

ATCP 50.79(2)(c) (c) Costs for spill control facilities, including any of the following facilities that are needed:

ATCP 50.79(2)(c)1. 1. A liquid-tight, reinforced concrete pad for a pesticide mixing area.

ATCP 50.79(2)(c)2. 2. Water-tight walls or perimeter flow diversion structures to convey spills or contaminated water from a pesticide mixing area to a sump.

ATCP 50.79(2)(c)3. 3. Perimeter flow diversion structures needed to convey surface water away from a pesticide mixing area.

ATCP 50.79(2)(c)4. 4. A shallow sump collection area capable of storing spills, rinsate, washwater, and precipitation that may leak or fall on a pesticide mixing pad.

ATCP 50.79(2)(c)5. 5. Roof structures and walls to protect a pesticide mixing area.

ATCP 50.79(2)(c)6. 6. Pesticide mixing area approach ramps.

ATCP 50.79(2)(c)7. 7. Water supply systems needed for a pesticide mixing area.

ATCP 50.79(2)(c)8. 8. Sump pump alarm and recovery systems for a pesticide mixing area.

ATCP 50.79(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse pesticide management costs under this section unless all of the following conditions are met:

ATCP 50.79(3)(a) (a) The cost-shared practice complies with all of the following that apply:

ATCP 50.79(3)(a)1. 1. NRCS conservation practice standard 595 pest management conservation system (January, 2022).

ATCP 50.79(3)(a)1m. 1m. NRCS conservation practice standard 309 agrichemical handling facility (September, 2021).

ATCP 50.79(3)(a)2. 2. Pesticide mixing and loading standards under subch. VIII of ch. ATCP 29.

ATCP 50.79(3)(a)3. 3. Standards specified by the University of Wisconsin-Madison, biological systems engineering department, in “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005).

ATCP 50.79 Note Note: The “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005) is on file with the department and the legislative reference bureau. Copies may be purchased from the University of Wisconsin-Madison, Biological Systems Engineering Department, 460 Henry Mall, Madison, WI 53706, telephone: [phone].

ATCP 50.79(3)(b) (b) The landowner agrees to maintain the pesticide management plan, if required, for the duration specified in the cost-share contract, and to maintain any structures for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.79 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (3) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (intro.), (3) (a) 1., (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (3) (a) 1., cr. (3) (a) 1m. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.80 ATCP 50.80 Prescribed grazing.

ATCP 50.80(1) (1) Definition. In this section, “prescribed grazing” or “rotational grazing” means a grazing system which divides pastures into multiple cells, each of which is grazed intensively for a short period and then protected from grazing until its vegetative cover is restored.

ATCP 50.80(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of replacing animal lots or pastures, establishing a prescribed grazing system on croplands, or improving an existing prescribed grazing system that contributes sediments, nutrients, or pesticides to a water resource. This may include any of the following costs:

ATCP 50.80(2)(a) (a) The cost to establish or repair livestock access lanes and stream crossings to prevent instability and erosion.

ATCP 50.80(2)(b) (b) The cost to establish permanent boundary and main paddock fences. This may include perimeter fencing, lane fencing, portable fencing, and gates.

ATCP 50.80(2)(c) (c) The cost to establish, or enhance through interseeding or weed management, good seeding stands for pasture and hayland planting.

ATCP 50.80(2)(d) (d) The cost to establish a livestock watering facility. This may include pipeline and pasture watering systems, wells, spring developments, winter watering facilities such as geothermal or heated jug, heavy use area protection, and portable watering systems such as pumps, pipes, and tanks.

ATCP 50.80(2)(e) (e) The costs for practices that would remediate streambank erosion and streambank habitat degradation.

ATCP 50.80(2)(f) (f) The costs for practices that would exclude livestock from woodlands, sensitive wildlife habitat, and recreational lands.

ATCP 50.80(2)(g) (g) The costs for development of a prescribed grazing plan.

ATCP 50.80(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse prescribed grazing costs unless all of the following conditions are met:

ATCP 50.80(3)(a) (a) The prescribed grazing practices comply with all of the following that apply:

ATCP 50.80(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.80(3)(a)2. 2. NRCS conservation practice standard 512 forage and biomass planting (January, 2013).

ATCP 50.80(3)(a)3. 3. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.80(3)(a)4. 4. NRCS conservation practice standard 580 streambank and shoreline protection (September, 2021).

ATCP 50.80(3)(a)5. 5. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.80(3)(a)6. 6. NRCS conservation practice standard 528 prescribed grazing (April, 2017).

ATCP 50.80(3)(a)7. 7. Guidelines specified in “Pastures for Profit: A Guide to Rotational Grazing,” published by the University of Wisconsin-Extension (2014).

ATCP 50.80 Note Note: Copies of “Pastures for Profit: A Guide to Rotational Grazing” are on file with the department and the legislative reference bureau. Copies may be obtained from the University of Wisconsin-Extension (UWEX Pub. No. A3529).

ATCP 50.80(3)(a)8. 8. NRCS conservation practice standard 575 trails and walkways (August, 2021).

ATCP 50.80(3)(a)9. 9. Standards for livestock watering facilities specified under s. ATCP 50.76.

ATCP 50.80(3)(a)10. 10. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).

ATCP 50.80(3)(a)11. 11. NRCS conservation practice standard 314 brush management (April, 2017).

ATCP 50.80(3)(b) (b) The landowner agrees to maintain the prescribed grazing system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.80 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 8. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 6., 8. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 4., 5., 8. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 5., 8. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1., 3., 7., 8. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (2) (intro.), (c), (d), cr. (2) (g), am. (3) (a) 1. to 6., 8., cr. (3) (a) 10., 11. Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) 10., 11. made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.81 ATCP 50.81 Relocating or abandoning animal feeding operations.

ATCP 50.81(1) (1) Definitions. In this section:

ATCP 50.81(1)(a) (a) “Abandonment” means discontinuing an animal feeding operation in order to prevent surface water or groundwater pollution from that animal feeding operation.