ATCP 50.64(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a barnyard runoff control system:

ATCP 50.64(2)(a) (a) Costs for system components under sub. (1) that are eligible for reimbursement under this subchapter.

ATCP 50.64(2)(b) (b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed, and other necessary materials.

ATCP 50.64(2)(c) (c) Costs for modification of a building that is essential for installation of the barnyard runoff control system, or for construction of a roof pursuant to s. ATCP 50.84.

ATCP 50.64(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs:

ATCP 50.64(3)(a) (a) Costs to design a barnyard runoff control system that is not installed.

ATCP 50.64(3)(b) (b) Costs to construct a building.

ATCP 50.64(3)(c) (c) Costs for equipment used to apply manure to land.

ATCP 50.64(3)(d) (d) Costs of a proposed practice, to the extent that those costs exceed the cost of an equally effective alternative.

ATCP 50.64(3)(e) (e) Costs ineligible under s. ATCP 50.62 (3) (g) or (h).

ATCP 50.64(4) (4) Barnyard runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a barnyard runoff control system if any of the following apply:

ATCP 50.64(4)(a) (a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.

ATCP 50.64(4)(b) (b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.

ATCP 50.64(4)(c) (c) The barnyard runoff control system will not be adequate to achieve compliance with applicable state and local regulations.

ATCP 50.64(4)(d) (d) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.

ATCP 50.64(4)(e) (e) The landowner could have prevented the discharge of pollutants by complying with an operations and maintenance plan previously agreed upon by the landowner and one of the following:

ATCP 50.64(4)(e)1. 1. The department.

ATCP 50.64(4)(e)2. 2. The county land conservation committee.

ATCP 50.64(4)(e)3. 3. DNR.

ATCP 50.64(4)(e)4. 4. NRCS.

ATCP 50.64(5) (5) Design, construction, and maintenance. A cost-share grant may not reimburse any costs for a barnyard runoff control system unless all of the following conditions are met:

ATCP 50.64(5)(a) (a) The system complies with applicable design, construction, and maintenance standards under this subchapter and NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.64(5)(b) (b) The landowner agrees to a 10 year maintenance period for the barnyard runoff control system, and any nutrient management plan required under par. (c), unless the landowner discontinues the animal feeding operation.

ATCP 50.64(5)(c) (c) The landowner agrees to maintain a nutrient management plan for 10 years if the landowner receives more than $25,000 in DATCP cost-share payments for the runoff control system.

ATCP 50.64(5)(d) (d) The system complies with one or more of the practices listed in sub. (1) as appropriate. Standards for the listed practices are contained in other sections of this subchapter.

ATCP 50.64 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (1) (t) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (a), (b), (e), (5) (a), (b), cr. (5) (c) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1) (e), (5) (a) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (1) (e), (5) (a) Register August 2016 No. 728, eff. 9-1-16; CR 23-024: am. (5) (a), cr. (5) (d) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.65 ATCP 50.65 Access road.

ATCP 50.65(1) (1) Definition. In this section, “access road” means a road or pathway that confines or directs the movement of livestock, farm equipment, or vehicular traffic, and that is designed and installed to control surface water runoff, to protect an installed practice, or to prevent erosion.

ATCP 50.65(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of installing conservation practices necessary to prevent water quality impairment that may result from the construction of an access road if the access road is needed to comply with applicable state or local regulations.