Chapter ATCP 50

ATCP 50.93(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a waste transfer system which is a necessary component of a manure storage system, barnyard runoff control system, or milking center waste system funded under this chapter, provided that the waste transfer system is designed and used for that sole purpose.

ATCP 50.93(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse the costs for any of the following:

ATCP 50.93(3)(a) (a) Portable equipment for spreading wastes on land or for incorporating wastes into land.

ATCP 50.93(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 50.93(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of installing a waste transfer system unless all of the following conditions are met:

ATCP 50.93(4)(a) (a) The waste transfer system complies with conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.93(4)(b) (b) The landowner agrees to maintain the waste transfer system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.93 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1. 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., 2. Register May 2015 No. 713, eff. 6-1-15; CR 23-024: am. (1), consol. (4) (a) (intro.) and 1. and renum. (4) (a) and am., r. (4) (a) 2. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.94 ATCP 50.94 Wastewater treatment strips.

ATCP 50.94(1) (1) Definition. In this section, “wastewater treatment strip” means an area of herbaceous vegetation that is used as part of an agricultural waste management system to remove pollutants from animal lot runoff or wastewater, such as runoff or wastewater from a milking center or feed storage area.

ATCP 50.94(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the following wastewater treatment strip costs:

ATCP 50.94(2)(a) (a) Permanent fencing to protect the wastewater treatment strip.

ATCP 50.94(2)(b) (b) Costs to establish permanent vegetative cover in the wastewater treatment strip, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

ATCP 50.94(2)(c) (c) Costs to shape, smooth, or prepare the wastewater treatment strip before establishing a permanent vegetative cover.

ATCP 50.94(3) (3) Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse wastewater maintenance strip costs unless all the following conditions are met:

ATCP 50.94(3)(a) (a) The wastewater treatment strip complies with all the following that apply:

ATCP 50.94(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.94(3)(a)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.94(3)(a)3. 3. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.94(3)(a)4. 4. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.94(3)(a)5. 5. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).

ATCP 50.94(3)(b) (b) The landowner agrees to maintain the wastewater treatment strip for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.94 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 5. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 5. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 5. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1., 3., 4. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (3) (a) 1. to 5. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.95 ATCP 50.95 Water and sediment control basins.

ATCP 50.95(1) (1) Definitions. In this section:

ATCP 50.95(1)(a) (a) “Manure storage facility” has the meaning given in s. ATCP 50.62 (1) (c).

ATCP 50.95(1)(b) (b) “Water and sediment control basin” means an earthen embankment or a ridge and channel combination which is installed across a slope or minor watercourse to trap or detain runoff and sediment. “Water and sediment control basin” does not include a manure storage facility or a structure designed to collect runoff and sediment from concentrated animal feedlots.

ATCP 50.95(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of designing and constructing a water and sediment control basin, including practices necessary to protect the basin from livestock.

ATCP 50.95(3) (3) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of installing a water and sediment control basin unless all of the following conditions are met:

ATCP 50.95(3)(a) (a) The water and sediment control basin complies with all of the following that apply:

ATCP 50.95(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.95(3)(a)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.95(3)(a)3. 3. NRCS conservation practice standard 638 water and sediment control basin (January, 2018).

ATCP 50.95(3)(a)4. 4. NRCS conservation practice standard 620 underground outlet (June, 2021).

ATCP 50.95(3)(b) (b) The landowner agrees to maintain the water and sediment control basin for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.95 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. and 2. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 4. Register February 2014 No. 698, eff. 5-1-14; CR14-047: am. (3) (a) 2., 4. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (3) (a) 1., 3. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (a) 1. to 4. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.96 ATCP 50.96 Waterway systems.

ATCP 50.96(1) (1) Definition. In this section, “waterway system” means a natural or constructed waterway or outlet that is shaped, graded, and covered with a vegetation or another suitable surface material to prevent erosion by runoff waters.

ATCP 50.96(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a waterway system:

ATCP 50.96(2)(a) (a) Costs for site preparation, grading, shaping, and filling.

ATCP 50.96(2)(b) (b) 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 50.96(2)(c) (c) Costs for the necessary removal of obstructions, the necessary installation of subsurface drains and underground outlets, and the necessary installation of machinery crossings.

ATCP 50.96(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse costs for a waterway system unless all of the following conditions are met:

ATCP 50.96(3)(a) (a) Waterways are permanently covered by vegetation or other suitable surface materials to prevent erosion. Close-sown small grains, annual grasses, or mulches may be used for temporary protection if followed by an appropriate permanent vegetative cover.

ATCP 50.96(3)(b) (b) The system complies with all of the following that apply:

ATCP 50.96(3)(b)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.96(3)(b)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.96(3)(b)3. 3. NRCS conservation practice standard 412 grassed waterway (August, 2021).

ATCP 50.96(3)(b)4. 4. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.96(3)(b)5. 5. NRCS conservation practice standard 500 obstruction removal (June, 2021).

ATCP 50.96(3)(b)6. 6. NRCS conservation practice standard 606 subsurface drain (June, 2021).

ATCP 50.96(3)(b)7. 7. NRCS conservation practice standard 620 underground outlet (June, 2021).

ATCP 50.96(3)(b)8. 8. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).

ATCP 50.96(3)(c) (c) The landowner agrees to maintain the waterway system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.96 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (b) 1. to 4. and 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (b) 1. to 7., cr. (3) (b) 8. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 2., 6., 7. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (b) 3. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (b) 1., 3. to 5. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (b) 1. to 8. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.97 ATCP 50.97 Well decommissioning.

ATCP 50.97(1) (1) Definition. In this section, “well decommissioning” means permanently disabling and sealing a well to prevent contaminants from reaching groundwater.

ATCP 50.97(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs to design and implement a well decommissioning, including costs to fill the well, seal the well, and shape the land to protect the abandoned wellhead from precipitation and runoff.

ATCP 50.97(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse the cost of well decommissioning unless the well decommissioning complies with all of the following that apply:

ATCP 50.97(3)(a) (a) NRCS conservation practice standard 351 well decommissioning (August, 2021).

ATCP 50.97(3)(b) (b) Section NR 812.26, related to well and drillhole decommissioning.

ATCP 50.97 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) Register February 2014 No. 698, eff. 5-1-14; CR 16-012: am. (3) (a) Register August 2016 No. 728, eff. 9-1-16; CR 23-024: am. (3) (a) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.98 ATCP 50.98 Wetland development or restoration.

ATCP 50.98(1) (1) Definition. In this section, “wetland development or restoration” means creating or restoring hydrologic or other conditions suitable for wetland vegetation or other important wetland functions. Construction of berms, destroying of tile lines or drainage ditch functions, or excavating areas (scrapes) are among common practices.

ATCP 50.98(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to the development or restoration of wetlands:

ATCP 50.98(2)(a) (a) Costs for earth moving to construct or remove berms, levees, or dikes.

ATCP 50.98(2)(b) (b) Costs for earth moving to fill in portions of drainage ditches.

ATCP 50.98(2)(c) (c) Costs to destroy portions of tile lines.

ATCP 50.98(2)(d) (d) Costs to establish vegetative cover to develop or restore wetlands, consistent with the practice goals.

ATCP 50.98(2)(e) (e) Costs for earth moving to construct scrapes.

ATCP 50.98(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse wetland development or restoration costs unless all of the following conditions are met:

ATCP 50.98(3)(a) (a) The wetland development or restoration complies with all of the following that apply:

ATCP 50.98(3)(a)1. 1. NRCS conservation practice standard 657 wetland restoration (February, 2020).

ATCP 50.98(3)(a)2. 2. NRCS conservation practice standard 658 wetland creation (October, 2016).

ATCP 50.98(3)(b) (b) The landowner agrees to maintain the wetland restoration practice for at least 10 years.

ATCP 50.98 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) Register April 2009 No. 640, eff. 5-1-09; CR 16-083: am. (3) (a) Register January 2018 No. 745, eff. 2-1-18; correction in (3) (a) made under s. 35.17, Stats., Register January 2018 No. 745; CR 23-024: am. (1), cr. (2) (e), renum. (3) (a) to (3) (a) (intro.) and 1. and am., cr. (3) (a) 2. Register May 2024 No. 821, eff. 6-1-24.