ATCP 50.42(2)(e) (e) For nutrient management, $10 per acre per year for new nutrient management plan development, and $5 per acre for a one-time nutrient management plan update prior to April 1, 2027 in areas impacted by the Silurian bedrock performance standards outlined in s. NR 151.075.

ATCP 50.42(2)(f) (f) For conservation crop rotation, $10 per acre per year.

ATCP 50.42(2)(g) (g) For harvestable buffers, annual per-acre financial assistance shall not exceed the average soil rental rate for the county set by the United States department of agriculture during the most recent sign-up for the Conservation Reserve Program.

ATCP 50.42 Note Note: For current soil rental rates, see USDA-Farm Service Agency Conservation Reserve Program statistics at www.fsa.usda.gov

ATCP 50.42(3) (3) Maximum grant to relocate animal feeding operation. No cost-share grant to relocate an animal feeding operation may exceed 70% of the estimated cost to install a manure management system or related practices needed to resolve or prevent water quality problems at the abandoned site, or 70% of the eligible relocation costs at the new site, whichever site cost is less. Not more than $5,000 of the cost-share grant may be used to transport livestock from the abandoned site to the new site.

ATCP 50.42(4) (4) Economic hardship. A landowner of a farm operation qualifies for economic hardship treatment if all the following apply:

ATCP 50.42(4)(a) (a) A certified public accountant or accredited financial institution certifies all the following to the county land conservation committee, based on a farm financial statement prepared according to generally accepted accounting principles:

ATCP 50.42(4)(a)1. 1. The landowner is unable to make the cost-share contribution normally required of a landowner under sub. (1).

ATCP 50.42(4)(a)2. 2. The landowner will be able to pay the balance of the cost to install the cost-shared practice if the landowner receives cost-sharing at the economic hardship rate.

ATCP 50.42(4)(b) (b) The landowner certifies, in a sworn affidavit to the county land conservation committee, that the landowner has provided to the certified public accountant or accredited financial institution under par. (a) a full and true disclosure of the landowner’s financial condition, including a copy of the landowner’s latest federal tax return. The landowner shall make the affidavit on a form provided by the department.

ATCP 50.42(5) (5) Review of economic hardship determination. The department may review of an economic hardship determination under sub. (4). The landowner and the person certifying the economic hardship shall make available for department inspection or copying, at the department’s request, documents used to support the economic hardship determination. The department may invalidate a determination that fails to comply with standards under sub. (4).

ATCP 50.42 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (2) (b) to (d) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: cr. (1) (bm), (dg), (dr), am. (4) (intro.) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (title), (1) (a), (b), (dg) (intro.), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (1) (title) made under s. 13.92 (4) (b) 2., Stats., correction in (2) (b) (intro.) made under s. 35.17, Stats., Register May 2024 No. 821.

subch. VI of ch. ATCP 50 Subchapter VI — Soil and Water Professionals

ATCP 50.46 ATCP 50.46 Conservation engineering practitioners.

ATCP 50.46(1) (1) General.

ATCP 50.46(1)(a) (a) A conservation engineering practitioner certified under this section, or approved under a parallel federal program identified in par. (b), may implement the agricultural or other conservation engineering practices in ch. 92, Stats., or s. 281.65, Stats., and perform any of the following activities consistent with the person’s level of certification under this section:

ATCP 50.46(1)(a)1. 1. Certify the design specifications for a conservation engineering practice under sub. (2).

ATCP 50.46(1)(a)2. 2. Certify that a conservation engineering practice under sub. (2) has been installed according to an approved design, and according to applicable standards and specifications.

ATCP 50.46(1)(a)3. 3. Engage in planning review and other engineering functions related to the installation of engineered conservation practices under sub. (2).

ATCP 50.46(1)(b) (b) The department shall operate its certification program under this section, to the extent possible, in conformance with the NRCS, or any other applicable federal agency system of engineering job approval authority.

ATCP 50.46(1)(c) (c) For funding purposes under this chapter or ch. NR 120, no person, other than a conservation engineering practitioner certified under this section or a professional engineer registered under ch. 443, Stats., may certify that conservation practices were properly designed or installed in compliance with standards under this chapter or s. 281.65, Stats.

ATCP 50.46 Note Note: See ss. 92.18 and 443.14 (10), Stats. A state or county employee certified under this section is exempt from the professional engineering registration requirements of ch. 443, Stats., when engaged in state or county activities under ch. 92, Stats., or s. 281.65, Stats., regardless of whether the activities are funded under this chapter.

ATCP 50.46(1)(d) (d) Notwithstanding par. (c), a well driller or pump installer registered under s. 280.15, Stats., may certify a well construction or decommissioning under this subsection and an architect registered under ch. 443, Stats., may certify a roof under this subsection.

ATCP 50.46(2) (2) Conservation engineering practices. For purposes of this section, a conservation engineering practice includes any of those practices identified in subch. VIII, authorized by the department under s. ATCP 50.40 (3), allowed under s. 281.65, Stats., or approved and published, as part of the NRCS field office technical guide or as a formal technical standard by the DNR.

ATCP 50.46 Note Note: The DNR publishes its technical standards on its website at, for example: http://dnr.wi.gov/topic/stormwater/standards/index.html.

ATCP 50.46(2m) (2m) State soil and water conservation engineer. The department may designate an employee as the state soil and water conservation engineer. The designated person shall be a professional engineer registered under ch. 443, Stats., and demonstrate sufficient training and experience to carry out the functions of the position. The state soil and water conservation engineer shall do all of the following:

ATCP 50.46(2m)(a) (a) Oversee the work of the field engineers who are responsible for certifying conservation engineering practitioners under this section.

ATCP 50.46(2m)(b) (b) Conduct engineering activities requiring job approval authority ratings higher than those authorized under this section including job class ratings of V and above.

ATCP 50.46(3) (3) Conservation engineering practitioner; initial certification and recertification.