ATCP 50.46 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (2) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (title), r. and recr. (1), (2), cr. (2m), am. (3) (title), renum. (3) to (a) and am., cr. (3) (b), am. (4) (a), (5) (a) (intro.), renum. (5) (a) 1. and 2. to (5) (a) 2. to 3. and am., cr. (5) (a) 1., am. (6) (b), (7) (a), (9) (c) 2., (10), (11) (title), renum. (11) to (11) (a) and am., cr. (11) (b), am. (12) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (title), cr. (3) (c) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1) (d), (2), (5) (a) 2., r. (5) (b), cr. (5) (c), am. (7) (c), (8) (a), (c), (9) (c) 1., (11) (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.48 ATCP 50.48 Nutrient management planners.

ATCP 50.48(1) (1) Qualifications. To be qualified under ss. 281.65, 281.66, Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:

ATCP 50.48(1)(a) (a) Compliance with the NRCS conservation practice standard 590.

ATCP 50.48(1)(b) (b) Soil testing.

ATCP 50.48(1)(c) (c) Calculating nutrient needs on a field-by-field basis.

ATCP 50.48(1)(d) (d) Crediting manure, residual legume nitrogen, and other nutrient sources on a field-by-field basis.

ATCP 50.48(1)(e) (e) Using conservation plans.

ATCP 50.48(1)(f) (f) Relevant laws related to nutrient management.

ATCP 50.48(1)(g) (g) Preparing nutrient management plans according to s. ATCP 50.04 (3).

ATCP 50.48(2) (2) Planners presumptively qualified. An individual is considered a qualified nutrient planner under sub. (1), without any action by the department, if all of the following apply:

ATCP 50.48(2)(a) (a) The individual is at least one of the following:

ATCP 50.48(2)(a)1. 1. Recognized as a certified professional crop consultant by the national alliance of independent crop consultants.

ATCP 50.48(2)(a)2. 2. Recognized as a certified crop adviser or professional agronomist by the American society of agronomy, Wisconsin certified crop advisers board.

ATCP 50.48(2)(a)3. 3. Registered as a soil scientist by the soil science society of America.

ATCP 50.48(2)(a)4. 4. The holder of other credentials that the department deems equivalent to those specified under subds. 1. to 3. A landowner is presumptively qualified to prepare a nutrient management plan for that landowner’s farm, but not for others, if the landowner completes a department-approved training course that results in a nutrient management plan in compliance with s. ATCP 50.04 (3) and the course instructor approves the landowner’s first annual plan. The landowner shall complete a department-approved training course at least once every 4 years to maintain that landowner’s presumptive qualification. The course instructor is not required to hold credentials listed in subds. 1. to 3., but the instructor must be knowledgeable and competent in accordance with sub. (1).

ATCP 50.48(2)(b) (b) The nutrient management planner complies with sub. (3).

ATCP 50.48(2)(c) (c) The department has not disqualified the nutrient management planner under sub. (4).

ATCP 50.48 Note Note: The department does not affirmatively certify nutrient management planners. A nutrient management planner who meets all of the requirements under sub. (2) may represent privately or publicly as a qualified nutrient planner, without any certificate from the department. A person qualified only to prepare that person’s own nutrient management plan under sub. (2) (a) 4. may not misrepresent that the person is qualified to prepare nutrient management plans for others.

ATCP 50.48(3) (3) Nutrient management plans.

ATCP 50.48(3)(a) (a) A qualified nutrient management planner shall prepare nutrient management plans according to s. ATCP 50.04 (3).

ATCP 50.48(3)(b) (b) A qualified nutrient management planner may not approve a nutrient management plan that fails to comply with s. ATCP 50.04 (3).

ATCP 50.48(4) (4) Disqualification. The department may issue a written notice to an individual, declaring that the individual is not a qualified nutrient management planner under this section. The notice shall specify the basis for the department’s declaration. The department may disqualify a nutrient management planner if the planner violates or fails to provide reasonable documentation of compliance with sub. (3) or lacks qualifications required under sub. (1). A person who is named in a disqualification notice under this subsection may request a contested case hearing under s. 227.42, Stats., and ch. ATCP 1.

ATCP 50.48(5) (5) Misrepresenting qualification. No person may do any of the following, directly or by implication:

ATCP 50.48(5)(a) (a) Misrepresent that an individual is a qualified nutrient management planner under this section.

ATCP 50.48(5)(b) (b) Represent, contrary to a valid written notice under sub. (4), that an individual is a qualified nutrient management planner under this section.

ATCP 50.48(5)(c) (c) Misrepresent that a person is qualified to perform nutrient management plans for others, if that is not the case.

ATCP 50.48(6) (6) Records. A qualified nutrient management planner shall keep copies of all nutrient management plans that the qualified nutrient management planner prepares or approves for funding under s. 92.14 or 281.65 for a landowner claiming farmland preservation tax credits under s. 71.613, Stats. The qualified nutrient management planner shall retain the records for at least 4 years, and shall make them available for inspection and copying by the department or its agent upon request. The qualified nutrient management planner under s. ATCP 50.48 (3) shall complete the nutrient management checklist form provided by the department. The qualified nutrient management planner shall have reasonable documentation to substantiate each checklist response and shall provide it to the department or its agent upon request and in a format that allows for determination of compliance with s. ATCP 50.04 (3). Minimum documentation requirements are outlined in NRCS conservation practice standard 590 nutrient management (December 2015) and Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) and include:

ATCP 50.48(6)(a) (a) Narrative summarizing the farms implementation and operation of the nutrient management plan.