ATCP 50.04(5)(b)2.2. The cropland or pasture, or both, is located in an area of Silurian bedrock.
ATCP 50.04(5)(c)(c) A landowner is presumed to comply with this section if all of the following apply:
ATCP 50.04(5)(c)1.1. The landowner’s nutrient management plan is written in accordance with s. ATCP 50.04 (3) and the plan incorporates the restrictions and prohibitions set forth in s. NR 151.075 where applicable.
ATCP 50.04(5)(c)2.2. The landowner uses any of the following, or any combination of the following:
ATCP 50.04(5)(c)2.a.a. Silurian bedrock maps developed by the department of agriculture, trade and consumer protection, the department of natural resources, or both, maps available from the University of Wisconsin department of soil science, maps available from the Wisconsin geological and natural history survey, or NRCS soil survey maps.
ATCP 50.04(5)(c)2.b.b. In-field bedrock verification conducted in compliance with s. ATCP 50.925.
ATCP 50.04(5)(c)3.3. The landowner uses weather and precipitation predictions to determine the appropriate timing of manure application.
ATCP 50.04 NoteNote: The Runoff Risk Advisory Forecast is an optional tool that highlights the highest risk within the forecast period of 3 days, with an extended forecast period of 10 days in the presence of frozen soils or snow, found at: http://www.manureadvisorysystem.wi.gov/runoffrisk/index.
ATCP 50.04(5)(d)(d) A landowner under par. (b) has until April 1, 2027, to comply with par. (a).
ATCP 50.04 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (3) (d), (e), (f) (intro.), 3. and (g), cr. (3) (dm) and (i), r. and recr. (3) (f) 4., r. (3) (f) 5. to 9., Register May 2007 No. 617, eff. 6-1-07; CR 08-075: am. (3) (dm) 1. and (e) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (2), (3) (a), renum. (3) (b) to (intro.) and am., cr. (3) (b) 1., 2., renum. (3) (d) to (intro.) and am., cr. (3) (d) 1., 2., (de), am. (3) (f) (intro.), cr. (3) (gm), am. (3) (h) (intro.), cr. (4) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (dm) 1., (e) Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (1), (3) (dm) 1., (e), (f) (intro.), (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (2), (3) (a), (dm) 1., (e), (f) 1., 4., r. (3) (h), am. (3) (i), cr. (4) (c), (5) Register May 2024 No. 821, eff. 6-1-24; correction in (5) (d) made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.06ATCP 50.06Installing conservation practices.
ATCP 50.06(1)(1)General. A landowner may use any of the following to comply with s. ATCP 50.04, unless s. ATCP 50.04 mandates a specific practice:
ATCP 50.06(1)(a)(a) Conservation practices identified in subch. VIII or the NRCS field office technical guide.
ATCP 50.06(1)(b)(b) Other conservation practices that comply with s. ATCP 50.04.
ATCP 50.06(2)(2)Funded practices. Conservation practices for which a landowner receives financial assistance under this chapter shall comply with subch. VIII.
ATCP 50.06 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 23-024: am. (1) (a), (2) Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.08ATCP 50.08Cost-sharing required.
ATCP 50.08(1)(1)General. A landowner engaged in agricultural practices in this state is not required to do any of the following, under s. ATCP 50.04, unless the landowner receives a bona fide offer of cost-sharing:
ATCP 50.08(1)(a)(a) Discontinue or modify cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).
ATCP 50.08(1)(b)(b) Discontinue or modify an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation” has the meaning given in s. NR 151.095 (5) (b).
ATCP 50.08(2)(2)Cost-share amount. A cost-share offer under sub. (1) shall cover at least 70% of the landowner’s cost to install and maintain each required conservation practice, or 90% of the landowner’s cost if there is an economic hardship under s. ATCP 50.42 (4).
ATCP 50.08(3)(3)Landowner’s cost. A landowner’s cost to install and maintain a conservation practice includes all of the following that apply:
ATCP 50.08(3)(a)(a) The landowner’s reasonable and necessary expenditures to install and maintain the conservation practice. This includes eligible installation costs identified in subch. VIII, and costs for engineering services under s. ATCP 50.40 (7).
ATCP 50.08(3)(b)(b) The reasonable value of necessary labor, equipment, and supplies provided by the landowner in the installation and maintenance of the conservation practice for the period required under subch. VIII or specified in the contract. This does not include normal operating routines such as clean-outs of barnyards, storage facilities, and gutters.
ATCP 50.08(3)(d)(d) The landowner’s cost to take or keep land out of agricultural production, if the landowner must take or keep more than ½ acre out of agricultural production in order to install or maintain the conservation practice. The landowner’s cost, determined on the date of the cost-share contract, equals the sum of the annual costs that the landowner will incur over the maintenance period specified in the cost-share contract. The landowner’s annual cost, for each year of the maintenance period, equals the number of affected acres multiplied by the per-acre weighted average soil rental rate in the county on the date of the cost-share contract. This paragraph does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.
ATCP 50.08(4)(4)Riparian land taken out of production; crep-equivalent payment.
ATCP 50.08(4)(a)(a) If a landowner must take or keep more than ½ acre of riparian land out of agricultural production in order to install or maintain a conservation practice, the cost-share offer under sub. (1) for that conservation practice shall be at least equal to the amount that would be offered under the CREP program if the affected lands were enrolled in that program, regardless of whether the lands are actually eligible for the CREP program.
ATCP 50.08(4)(b)(b) Paragraph (a) does not apply unless the landowner agrees to keep the land out of agricultural production for 15 years, or in perpetuity, under contract terms equivalent to those that apply under the CREP program.
ATCP 50.08(4)(c)(c) Paragraph (a) does not apply to a cost-share offer made after the CREP program expires.