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)(c)(c) The department has not disqualified the nutrient management planner under sub. (4). ATCP 50.48 NoteNote: 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(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. ATCP 50.48(6)(b)(b) Maps of the farm identifying fields, soils, and spreading restrictions and prohibitions. ATCP 50.48(6)(c)(c) Crop, field, and nutrient information, such as crop rotation, tillage, soil nutrient levels and nutrient applications. ATCP 50.48 NoteNote: An example of reasonable documentation for substantiating checklist responses and determining compliance is a database file from nutrient management planning software.
ATCP 50.48 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (2) (a) 3. Register May 2007 No. 617, eff. 6-1-07; CR 16-083: am. (1) (a), (2) (a) 2. to 4., (6) Register January 2018 No. 745, eff. 2-1-18; correction in (2) (a) 4., (6) made under s. 35.17, Stats., Register January 2018 No. 745; CR 23-024: am. (1) (a), (2) (a) 4., (4), renum. (6) to (6) (intro.) and am., cr. (6) (a) to (c) Register May 2024 No. 821, eff. 6-1-24. ATCP 50.50ATCP 50.50 Soil and manure testing laboratories. ATCP 50.50(1)(1) Certified laboratory. A nutrient management plan shall be based on soil tests conducted at the University of Wisconsin or another soil testing laboratory certified by the department. The department may certify a laboratory according to this section. ATCP 50.50(2)(2) Applying for certification. A laboratory operator may apply to the department for certification under sub. (1). An operator shall submit a separate application, on a form provided by the department, for each laboratory for which the operator seeks certification. The application shall include all of the following: ATCP 50.50(2)(c)(c) The name and telephone number of the individual who is responsible for on-site administration of the laboratory. ATCP 50.50(2)(d)(d) The soil tests, test methods, and nitrogen estimation methods used by the laboratory. The laboratory shall be capable of performing the following tests according to methods prescribed by the University of Wisconsin-Extension in Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, UWEX Publication A2809 (2012), and by the University of Wisconsin-Madison soil science department in Wisconsin Procedures for Soil Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility Series (October, 2013) and shall be capable of estimating nitrogen levels based on those tests: