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.
ATCP 50.04(3)(f)3.
3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.
ATCP 50.04(3)(f)4.
4. Other special agronomic conditions documented by the planner. A planner who wishes to justify higher applications shall include credible information to show that the higher applications will not materially increase environmental damage.
ATCP 50.04 Note
Note: Appendix B contains a convenient summary of UWEX publication A-2809, for selected crops. You may obtain the complete publication and the summary from your county extension agent. The complete publication is also 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)(g)
(g) The plan shall be consistent with any nutrient management plan required under
ch. NR 113,
204 or
214 if the landowner applies septage, municipal sludge, industrial waste or industrial by-products to the land. A landowner is not required to have a nutrient management plan under this subsection if the landowner applies primarily septage, municipal sludge, industrial waste or industrial byproducts according to
ch. NR 113,
204 or
214.
ATCP 50.04(3)(h)
(h) Paragraph (a) first applies on the following dates for the following lands:
ATCP 50.04(3)(h)1.
1. January 1, 2005 for land located in watersheds draining to outstanding or exceptional resource waters designated in
ch. NR 102.
ATCP 50.04(3)(h)2.
2. January 1, 2005 for land located in watersheds draining to impaired waters that DNR has listed pursuant to
33 USC 1313 and
40 CFR 130.7, if the impairment relates to excessive nutrients.
ATCP 50.04 Note
Note: The delayed effective dates under par. (h) correspond to the delayed effective dates under s.
NR 151.07.
ATCP 50.04(3)(i)
(i) A landowner is rebuttably presumed to comply with this section if the landowner complies with a nutrient management plan that is prepared or approved by a nutrient management planner, other than the farmer, who is qualified under
s. ATCP 50.48.
ATCP 50.04 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 05-013: am. (3) (d), (e), (f) (intro.), 3. and (g), cr. (3) (dm) and (i), r. and recr. (3) (f) 4., r. (3) (f) 5. to 9.,
Register May 2007 No. 617, eff. 6-1-07;
CR 08-075: am. (3) (dm) 1. and (e)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.06
ATCP 50.06
Installing conservation practices. ATCP 50.06(2)
(2) Funded practices. Conservation practices for which a landowner receives a cost-share grant under this chapter shall comply with subch.
VIII.
ATCP 50.06 Note
Note: A county land conservation committee can provide landowners with a helpful document called "Farmland Conservation Choices: A Guide to Environmentally Sound Practices for Wisconsin Farmers." The committee can also recommend conservation practices that are appropriate for the landowner's farm. Cost-share grants may be available to help landowners install or maintain recommended practices. Landowners may contact their county land conservation committee to apply for cost-share grants. If a landowner receives a cost-share grant for a conservation practice, that practice must comply with subch. VIII.
ATCP 50.06 Note
Counties have land and water resource management plans to promote compliance with farm conservation requirements (see s.
ATCP 50.12). Counties will seek voluntary compliance and will offer information, cost-sharing and technical assistance to help landowners comply.
ATCP 50.06 Note
As a last resort, a county may seek enforcement action against a landowner who refuses to implement required conservation practices. A county may not seek enforcement action until it complies with applicable cost-sharing requirements under s.
ATCP 50.08. A county may pursue any of the following enforcement options, as appropriate:
ATCP 50.06 Note
•The county may suspend a violator's eligibility for farmland preservation tax credits (see s.
ATCP 50.16(6)).
ATCP 50.06 Note
• DNR may issue a notice of discharge, requiring a violator to obtain a pollution discharge permit from DNR (see ch.
NR 243).
ATCP 50.06 Note
• The department of justice or a district attorney may file a civil forfeiture action against the violator (see s.
281.98, Stats.).
ATCP 50.06 Note
• The county may take action to enforce its own ordinance, if any.
ATCP 50.06 Note
• A town, city or village may take action to enforce its own ordinance, if any.
ATCP 50.06 NoteCounty compliance procedures should be consistent with this chapter and ss.
NR 151.09 and
151.095. A county should spell out compliance procedures in its land and water resource management plan, as provided in s.
ATCP 50.12 (2). The department and DNR will work with counties to develop suggested guidelines for county compliance programs.
ATCP 50.06 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.08(1)
(1)
General. A landowner is not required to do any of the following, under
s. ATCP 50.04, unless the landowner receives a bona fide offer of cost-sharing:
ATCP 50.08(1)(a)
(a) Discontinue or modify cropping practices on existing cropland. In this paragraph, "existing cropland" has the meaning given in
s. NR 151.09 (4) (b).
ATCP 50.08 Note
Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify cropping practices on "existing cropland" in order to comply with a DNR performance standard. Other cropland must comply with relevant DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note
•Land qualifies as "existing cropland" if it was being cropped on the effective date of the relevant DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note
•If cropland complies with a DNR performance standard after that standard takes effect, it no longer qualifies as "existing cropland" for cost-share purposes under that performance standard. If the cropland later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
ATCP 50.08 Note
•Land not cropped on the effective date of a DNR performance standard, but returned to cropping at a later date, may qualify as "existing cropland" if it is returned to cropping within 10 years after cropping was halted.
ATCP 50.08 Note
•Cropland enrolled in a federal conservation program on October 1, 2002 qualifies as "existing cropland" when it comes out of the federal program.
ATCP 50.08 Note
A landowner may be eligible for cost-sharing, even if the landowner is not entitled to cost-sharing under par. (a). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
ATCP 50.08(1)(b)
(b) Discontinue or modify an existing livestock facility or operation. In this paragraph, "existing livestock facility or operation" has the meaning given in
s. NR 151.095 (5) (b).
ATCP 50.08 Note
Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify an "existing" livestock facility or operation in order to comply with a DNR performance standard. Other livestock facilities and operations must comply with DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note
•A livestock facility or operation qualifies as an "existing" facility or operation if it existed on the effective date of the DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note
•If a livestock facility or operation complies with a DNR performance standard after that standard takes effect, it no longer qualifies as an "existing" facility or operation for cost-share purposes under that performance standard. If the facility or operation later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
