ATCP 50.97 Well decommissioning.
ATCP 50.98 Wetland development or restoration.
Ch. ATCP 50 Note
Note: Chapter Ag 166 was renumbered ch. ATCP 50 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448. Chapter ATCP 50 was repealed and recreated,
Register, November, 1996, No. 491, eff. 12-1-96; corrections in ch. ATCP 50 made under s. 13.93 (2m) (b) 7., Stats.,
Register, November, 1996, No. 491. Chapter ATCP 50 as it existed on September 30, 2002 was repealed and a new chapter ATCP 50 was created effective October 1, 2002.
Ch. ATCP 50 Note
Note: This chapter implements Wisconsin's soil and water resource management program under ch.
92, Stats. The department of agriculture, trade and consumer protection administers the program in cooperation with county land conservation committees, the land and water conservation board, the department of natural resources and other state and federal agencies. The program has the purposes specified under s.
92.14 (2), Stats.
Ch. ATCP 50 Note
Note: The rule revision that was published in the May, 2007 Wis. Adm. Register applies to small businesses as defined in s.
227.114 (1), Stats., on August 1, 2007.
ATCP 50.01
ATCP 50.01
Definitions. In this chapter:
ATCP 50.01(1)
(1) "Agricultural practice" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint or seed crops; raising of fruits, nuts or berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under
16 USC 3831 to
3836; or vegetable raising.
ATCP 50.01(2)
(2) "Conservation practice" means a facility or practice that is designed to prevent or reduce soil erosion, prevent or reduce nonpoint source water pollution, or achieve or maintain compliance with soil and water conservation standards. "Conservation practice" includes a nutrient management plan.
ATCP 50.01(3)
(3) "Cost-shared practice" means a conservation practice financed by a cost-share grant.
ATCP 50.01(4)
(4) "Cost-share grant" means a grant that reimburses a landowner for all or part of the cost to install or maintain a conservation practice identified in the grant.
ATCP 50.01(5)
(5) "County drainage board" means a board created and appointed under s.
88.17, Stats.
ATCP 50.01(6)
(6) "County land conservation committee" means the committee created by a county board under s.
92.06, Stats. "County land conservation committee" includes employees or agents of a county land conservation committee who, with committee authorization, act on behalf of the committee.
ATCP 50.01(7)
(7) "CREP program" means the combined state-federal conservation reserve enhancement program under s.
93.70, Stats. and
16 USC 3834(f)(4).
ATCP 50.01(8)
(8) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 50.01(9)
(9) "DNR" means the state of Wisconsin department of natural resources.
ATCP 50.01(10)
(10) "Farm" means a parcel of land on which a landowner conducts one or more agricultural practices.
ATCP 50.01(11)
(11) "Farm conservation plan" means a written agreement, between a county land conservation committee and a landowner, in which the landowner agrees to take specific steps to bring a farm into compliance with applicable soil and water conservation standards.
ATCP 50.01(13)
(13) "Lake district" means a public inland lake protection and rehabilitation district created under subch.
IV of ch. 33, Stats.
ATCP 50.01(14)
(14) "Land out of agricultural production" means acreage that the owner can no longer use for normal crop or livestock production. Land is not taken "out of agricultural production," for purposes of
s. ATCP 50.08, if the landowner is free to use it for pasture, hay production and cropping subject to residue management.
ATCP 50.01(15)(b)
(b) A person who rents, controls or uses a parcel of land for agricultural purposes.
ATCP 50.01(16)
(16) "Livestock operation" means a feedlot or other facility or pasture where animals are fed, confined, maintained or stabled.
ATCP 50.01(17)
(17) "Local governmental unit," as used in
s. ATCP 50.60, has the meaning given in s.
92.15 (1) (b), Stats., and includes a county, town, city, village, lake district and county drainage board.
ATCP 50.01(18)
(18) "Local regulation" means any of the following regulations that require conservation practices on farms:
ATCP 50.01(18)(a)
(a) Soil and water conservation standards that a county land conservation committee adopts under s.
92.105, Stats.
ATCP 50.01(18)(d)
(d) A regulation adopted by a county drainage board, a lake district or other special purpose district, or a tribe.
ATCP 50.01(19)
(19) "LWCB" means the state of Wisconsin land and water conservation board.
ATCP 50.01(20)
(20) "Manure" means livestock excreta. "Manure" includes livestock bedding, water, soil, hair, feathers, and other debris that becomes intermingled with livestock excreta in normal manure handling operations.
ATCP 50.01 Note
Note: Section
281.65 (2) (b), Stats., defines a "nonpoint source" as "a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source as defined under s.
283.01 (12)."
ATCP 50.01 Note
Note: Section
281.16 (1) (f), Stats., defines "nonpoint source water pollution" as "pollution of the waters of the state that does not result from a point source, as defined in s.
283.01 (12)."
ATCP 50.01(26)
(26) "NRCS" means the natural resources conservation service of the United States department of agriculture.
ATCP 50.01(27)
(27) "NRCS technical guide" means the NRCS field office technical guide.
ATCP 50.01 Note
Note: Copies of the NRCS technical guide are on file with the department and the legislative reference bureau. Copies of individual standards contained in the NRCS technical guide may be obtained from the county land conservation committee or from an NRCS field office. This chapter incorporates, by reference, various NRCS technical guide standards. See Appendix G.
ATCP 50.01(28)
(28) "Nutrient management plan" means any of the following:
ATCP 50.01(28)(b)
(b) A farm nutrient plan prepared or approved, for a landowner, by a qualified nutrient management planner.
ATCP 50.01 Note
Note: A nutrient management plan must comply with s.
ATCP 50.04 (3).
ATCP 50.01(29)
(29) "Nutrients" means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes or other sources.
ATCP 50.01(30)
(30) "Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other legal organization or entity.
ATCP 50.01(31)
(31) "RUSLE 2 equation" means the following applicable NRCS release of version 2 of the revised universal soil loss equation:
ATCP 50.01(31)(a)
(a) Except as provided in
par. (b), the release that was in effect on November 14, 2006.
ATCP 50.01(31)(b)
(b) For purposes of a compliance determination under
ch. NR 151 or this chapter made prior to November 14, 2006, the release that was in effect on the date of the compliance determination.
ATCP 50.01(32)
(32) "Secretary" means the secretary of the department.
ATCP 50.01(34)
(34) "Structural height" means the difference in elevation in feet between the point of lowest elevation of the structure or embankment before overtopping and the lowest elevation of the natural stream or lake bed at the downstream toe of the structure or embankment.
ATCP 50.01(36)
(36) "T-value" means the maximum average annual rate of soil erosion for each soil type that will permit a high level of crop productivity to be sustained economically and indefinitely.
ATCP 50.01(37)
(37) "Unconfined manure pile" means a quantity of manure, at least 175 cu. ft. in volume, that covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility or barnyard runoff control facility.
ATCP 50.01 Note
Note: A typical 140 bushel manure spreader contains about 175 cu. ft. of manure.
ATCP 50.01(39)
(39) "Weighted average soil rental rate" means, for each county, the rate determined by the United States department of agriculture, farm service agency, on form CRP-2.
ATCP 50.01 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 04-005: r. and recr. (31)
Register October 2004 No. 586, eff. 11-1-04; correction in (35) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2006 No. 611;
CR 08-075: am. (31)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.02
ATCP 50.02
Waivers. The department may grant a written waiver from any provision of this chapter if the department finds that the waiver is necessary to achieve the objectives of this chapter. The secretary shall sign each waiver under this section. The department may not waive a statutory requirement.
ATCP 50.02 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
Subch. II of ch. ATCP 50 Note
Note: Under s.
281.16, Stats., DNR is primarily responsible for adopting performance standards to prevent pollution runoff from farms. The department of agriculture, trade and consumer protection ("DATCP") must prescribe conservation practices to implement the DNR performance standards. DATCP must also establish soil conservation and farm nutrient management requirements. This subchapter spells out a single set of farm conservation practices that incorporates DNR performance standards by reference. Counties play a major role in implementing conservation practices on farms (see subchapter III of this chapter). Conservation requirements are contingent on cost-sharing (see s.
ATCP 50.08).
ATCP 50.04
ATCP 50.04
Farm conservation practices. Except as provided in
s. ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices:
ATCP 50.04(1)
(1) Nonpoint source pollution control. A landowner shall implement conservation practices that achieve compliance with DNR performance standards under
ss. NR 151.02 to
151.08.
ATCP 50.04(2)
(2) Cropland soil erosion control. A landowner shall manage croplands and cropping practices so that soil erosion rates on cropped soils, determined according to RUSLE 2 equation, do not exceed T-value.
ATCP 50.04 Note
Note: See s.
92.025 (1), Stats., and s.
NR 151.02. Soil erosion includes erosion caused by wind or water. For most soils, "T-value" is equivalent to 3 to 5 tons of soil loss per acre per year.
ATCP 50.04 Note
The RUSLE 2 equation is published by NRCS, and is available from NRCS. Copies are on file with the department and the legislative reference bureau.
ATCP 50.04(3)(a)(a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field after the date specified in
par. (h). A nutrient management plan shall comply with this subsection.
ATCP 50.04(3)(b)
(b) The plan shall include every field on which the landowner mechanically applies nutrients.
ATCP 50.04 Note
Note: A landowner who has the knowledge and skills described in s.
ATCP 50.48 (1) may prepare his or her own nutrient management plan. ATCP 50.48 does not require a planner to obtain a state certification, complete a training program or hold specific professional credentials. Persons holding certain credentials are presumed to be qualified, but other persons may also demonstrate their qualifications by preparing sound nutrient management plans. A person may not misrepresent himself or herself as a qualified nutrient management planner.
ATCP 50.04(3)(d)
(d) The plan shall be based on soil nutrient tests conducted at a laboratory certified under
s. ATCP 50.50 to conduct those tests.
ATCP 50.04(3)(dm)
(dm) If the nutrient management plan uses manure nutrient values, other than nutrient values of organic by-products regulated under
ch. NR 113,
204 or
214, the manure nutrient values shall be based on one of the following:
ATCP 50.04(3)(dm)1.
1. Standard values specified in Wisconsin conservation planning technical note WI-1 (September, 2007), companion document to the NRCS technical guide standard 590.
ATCP 50.04(3)(e)
(e) The plan shall comply with the NRCS technical guide nutrient management standard 590 (September, 2005), except for sections V.D, V.E and VI, and shall also comply with the Wisconsin conservation planning technical note WI-1 (September, 2007).
ATCP 50.04 Note
Note: The checklist in Appendix C may be used to gather information for a nutrient management plan. NRCS technical guide nutrient management standard 590 (September, 2005) is reproduced in Appendix D. The Wisconsin conservation planning technical note WI-1 (September, 2007) is not reproduced in Appendix D but is on file with the department and the legislative reference bureau. Copies are available from your county land conservation office or the following web address:
http://www.datcp.state.wi.us/arm/agriculture/land-water/conservation/nutrient-mngmt/planning.jsp.
ATCP 50.04(3)(f)
(f) The plan may not recommend nutrient applications that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension in the 1998 edition of Soil Test Recommendations for Field, Vegetable and Fruit Crops, UWEX publication A-2809, or in the latest subsequent edition of that publication if preferred by the landowner, unless the nutrient management planner can show that one or more of the following circumstances justifies the recommended application:
ATCP 50.04(3)(f)2.
2. Excess nutrients are the result of an unforeseen change in the type of crop planted.
