Wisconsin Legislature: ATCP 50.80(3)(a)7.

7. Water supply systems needed for a pesticide mixing area.

8. Sump pump alarm and recovery systems for a pesticide mixing area.

(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:

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

1. NRCS conservation practice standard 595 pest management conservation system (January, 2022).

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

2. Pesticide mixing and loading standards under subch. VIII of ch. ATCP 29.

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).

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: (608) 262-3311.

(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.

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 Prescribed grazing.

(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.

(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:

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

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

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

(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.

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

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

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

(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:

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

1. NRCS conservation practice standard 342 critical area planting (January, 2018).

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

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

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

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

6. NRCS conservation practice standard 528 prescribed grazing (April, 2017).

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

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).

8. NRCS conservation practice standard 575 trails and walkways (August, 2021).

9. Standards for livestock watering facilities specified under s. ATCP 50.76.

10. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).

11. NRCS conservation practice standard 314 brush management (April, 2017).

(b) The landowner agrees to maintain the prescribed grazing system 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) (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 Relocating or abandoning animal feeding operations.

(1) Definitions. In this section:

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

(b) “Animal feeding operation” means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or common management constitute a single animal feeding operation if any of the following apply:

1. The operations are adjacent.

2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

(c) “Relocation” means discontinuing an animal feeding operation at one site and commencing that operation at a suitable alternate site in order to minimize the amount of surface water or groundwater pollution from that animal feeding operation.

(2) Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse costs incurred for the permanent relocation or abandonment of an animal feeding operation if all of the following conditions are met:

(a) The department or the county land conservation committee finds that relocation or abandonment is the most practical and cost-effective way to achieve compliance with state or local regulations.

(b) The department approves the relocation or abandonment plan.

(c) The landowner agrees, in a covenant that runs with the land, that no person may reestablish an animal feeding operation at that site unless the department determines that the reestablished operation complies with s. ATCP 50.04. The department may waive this requirement if the department finds that the covenant is unnecessary.

(d) The covenant under par. (c) is recorded in the office of the register of deeds for each county in which the property is located.

(3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to relocate or abandon an animal feeding operation:

(a) Costs to install manure management systems and other conservation practices under this subchapter at a new site, as authorized under this chapter.

(b) Costs to abandon and rehabilitate the current site, including costs for any of the following:

1. Removing concrete paving, fencing, bunks, livestock housing structures, livestock feeding structures, and other obstructions.

2. Grading and establishing vegetation on the site.

3. Excluding livestock from the site.

4. Abandoning wells on the site.

(d) Costs to transport animals to a site in this state that is not on the same farm, up to a maximum of $5,000.

(e) Costs for livestock buildings and associated facilities needed to maintain the transferred livestock at the new site if all of the following apply:

1. The department determines that the relocation is necessary to comply with s. ATCP 50.04 and is cost-effective.

2. The cost-share grant does not exceed the appraised value of the buildings and associated facilities at the current site, or 70% of the costs of the replacement buildings and associated facilities, whichever is less.

3. The relocation will not cause a violation of s. ATCP 50.04.

Note: Cost-share grants under this section are subject to the limitations specified in s. ATCP 50.42.

(4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to reestablish an animal feeding operation that has been abandoned under this section.

(5) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of relocating or abandoning an animal feeding operation unless all of the following apply:

(a) The relocation or abandonment complies with the NRCS conservation practice standards for the conservation practices in this subchapter.

(b) The landowner agrees to maintain the relocated operation, if any, 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 23-024: am. (5) (a) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.82 Residue management.

(1) Definition. In this section, “residue management” means any of the following:

(a) Preparing land surfaces for the planting and growing of crop plants using methods that result in a rough land surface which is covered in varying degrees by vegetative residues of a previous crop, and which provides a significant degree of resistance to soil erosion by raindrop impact, surface water runoff, or wind.

(b) Planting crop seeds in a narrow slot or a narrow strip of tilled soil, in order to maintain residue cover and avoid disturbing the entire soil surface.

(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for any of the following residue management practices:

(am) No-till practices.

(bm) Strip-till practices.

(cm) Other, similar practices.

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

(a) Land subject to residue management is protected from erosion from the time of harvest until after the next planting. Protection may be provided by a cover crop residue, temporary cover, or another approved practice. The residue, temporary cover, or other approved practice shall cover at least 30% of the land.

(b) On lands with slopes greater than 6%, all tillage and planting operations are performed as nearly as practicable on the contour or parallel to terraces.

(c) The residue management complies with NRCS conservation practice standard 329 residue and tillage management-no till (January, 2018).

(d) The landowner agrees to maintain the residue management practice for each cropping season for which cost-sharing is provided.

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (c) 1. to 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (c) 1. to 3., cr. (4) (c) 4. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (4) (c) 1., 2. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: cr. (2) (a) 1m., r. (2) (a) 2. to 4., (b), (3), consol. (4) (c) (intro.) and 1. and am., r. (4) (c) 2. to 4. Register May 2024 No. 821, eff. 6-1-24; renum. (2) (a) (intro.), 1., 1m., 5. to (2) (am) to (cm) under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.83 Riparian buffers.

(1) Definition. In this section, “riparian buffer” means an area in which vegetation is enhanced or established to reduce or eliminate the movement of sediment, nutrients, and other nonpoint source pollutants to an adjacent surface water resource or groundwater recharge area, to protect the banks of streams and lakes from erosion, and to protect fish habitat.

(2) Eligible costs. A cost-share grant may reimburse any of the following costs:

(a) Permanent fencing to protect a riparian buffer.

(b) Costs to establish or enhance permanent vegetative cover in a riparian buffer, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, seed, seedling trees, and other necessary materials.