NR 151.07(1)
(1) All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section.
NR 151.07 Note
Note: Manure management requirements for concentrated animal feeding operations covered under a WPDES permit are contained in ch.
NR 243.
NR 151.07(2)
(2) This performance standard does not apply to the application of industrial waste and byproducts regulated under
ch. NR 214, municipal sludge regulated under
ch. NR 204, and septage regulated under
ch. NR 113, provided the material is not commingled with manure prior to application.
NR 151.07 Note
Note: In accordance with ss.
ATCP 50.04,
50.48 and
50.50, nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizer are advised to make nutrient management recommendations based on the performance standard for nutrient management, s.
NR 151.07, to ensure that their customers comply with this performance standard.
NR 151.07 Note
Note: If an application of material to cropland is regulated under ch.
NR 113,
204, or
214, the management practices, loading limitations, and other restrictions specified in the applicable regulation apply to that application. However, nutrient management plans developed in accordance with this performance standard must account for all nutrient sources, including industrial waste and byproducts, municipal sludge, and septage. This means that the future application of manure and commercial fertilizer may be restricted by this performance standard due to other applications of industrial waste and byproducts, municipal sludge, and septage. In addition, it means that if industrial waste and byproducts, municipal sludge, or septage are placed in a manure storage structure and mixed with manure, the commingled material is also covered by this standard and must be accounted for by the producer when preparing and implementing a nutrient management plan.
NR 151.07(3)
(3) Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan.
NR 151.07(3)(a)
(a) The nutrient management plan shall be designed to limit or reduce the discharge of nutrients to waters of the state for the purpose of complying with state water quality standards and groundwater standards.
NR 151.07(3)(b)
(b) Nutrient management plans for croplands in watersheds that contain impaired surface waters or in watersheds that contain outstanding or exceptional resource waters shall meet the following criteria:
NR 151.07(3)(b)1.
1. Unless otherwise provided in this paragraph, the plan shall be designed to manage soil nutrient concentrations so as to maintain or reduce delivery of nutrients contributing to the impairment of impaired surface waters and to outstanding or exceptional resource waters.
NR 151.07(3)(b)2.
2. The plan may allow for an increase in soil nutrient concentrations at a site if necessary to meet crop demands.
NR 151.07(3)(b)3.
3. For lands in watersheds containing exceptional or outstanding resource waters, the plan may allow an increase in soil nutrient concentrations if the plan documents that any potential nutrient delivery to the exceptional or outstanding resource waters will not alter the background water quality of the exceptional or outstanding resource waters. For lands in watersheds containing impaired waters, the plan may allow an increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land to the impaired water can be demonstrated.
NR 151.07(3)(c)
(c) In this standard, impaired surface waters are waters identified as impaired pursuant to
33 USC 1313 (d) (1) (A) and
40 CFR 130.7. Outstanding or exceptional resource waters are identified in
ch. NR 102.
NR 151.07(4)
(4) This section is in effect on January 1, 2005 for existing croplands under
s. NR 151.09 (4) that are located within any of the following:
NR 151.07(4)(a)
(a) Watersheds containing outstanding or exceptional resource waters.
NR 151.07 Note
Note:
The purpose of the phased implementation of this standard is to allow the department sufficient time to work with the Department of Agriculture, Trade and Consumer Protection and local governmental units to develop and implement an information, education and training program on nutrient management for affected stakeholders.
NR 151.08
NR 151.08
Manure management prohibitions. NR 151.08(1)(1) All livestock producers shall comply with this section.
NR 151.08(2)
(2) A livestock operation shall have no overflow of manure storage facilities.
NR 151.08(3)
(3) A livestock operation shall have no unconfined manure pile in a water quality management area.
NR 151.08(4)
(4) A livestock operation shall have no direct runoff from a feedlot or stored manure into the waters of the state.
NR 151.08(5)(a)(a) A livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod or self-sustaining vegetative cover.
NR 151.08(5)(b)
(b) This prohibition does not apply to properly designed, installed and maintained livestock or farm equipment crossings.
NR 151.08 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 151.09
NR 151.09
Implementation and enforcement procedures for cropland performance standards. NR 151.09(1)
(1)
Purpose. The purpose of this section is to identify the procedures the department will follow in implementing and enforcing the cropland performance standards pursuant to ss.
281.16 (3) and
281.98, Stats. This section will also identify circumstances under which an owner or operator of cropland is required to comply with the cropland performance standards. In this section, "cropland performance standards" means performance standards in
ss. NR 151.005,
151.02,
151.03,
151.04, and
151.07.
NR 151.09(2)
(2) Role of municipalities. The department may rely on municipalities to implement the procedures and make determinations established in this section.
NR 151.09 Note
Note: In most cases, the department will rely on municipalities to fully implement the cropland performance standards. The department intends to utilize the procedures in this section in cases where a municipality has requested assistance in implementing and enforcing the cropland performance standards or in cases where a municipality has failed to address an incident of noncompliance with the performance standards in a timely manner. The department recognizes that coordination between local municipalities, the Department of Agriculture, Trade and Consumer Protection and other state agencies is needed to achieve statewide compliance with the performance standards. Accordingly, the department plans on working with counties, the Department of Agriculture, Trade and Consumer Protection and other interested partners to develop a detailed intergovernmental strategy for achieving compliance with the performance standards that recognizes the procedures in these rules, state basin plans and the priorities established in land and water conservation plans.
NR 151.09 Note
Note: The department implementation and enforcement procedures for livestock performance standards relating to manure management are included in s.
NR 151.095 and ch.
NR 243.
NR 151.09(3)(a)(a)
Introduction. This section identifies compliance requirements for landowners and operators based on whether the cropland is existing or new and whether cost sharing is required and made available to the landowner or operator.
NR 151.09(3)(b)
(b)
General requirements. If any cropland is meeting a cropland performance standard on or after the effective date of the standard, the cropland performance standard shall continue to be met by the existing landowner or operator, heirs or subsequent owners or operators of the cropland. If a landowner or operator alters or changes the management of the cropland in a manner that results in noncompliance with the performance standard, the landowner or operator shall bring the cropland back into compliance, regardless of whether cost-sharing is made available. This paragraph does not apply to croplands completing enrollment determined to be existing under
sub. (4) (b) 2.
NR 151.09 Note
Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(3)(c)1.1. A landowner or operator of an existing cropland, defined under
sub. (4) (b), shall comply with a cropland performance standard if all of the following have been done by the department:
NR 151.09(3)(c)1.a.
a. Except as provided in
subds. 2. and
3., a determination is made that cost sharing has been made available in accordance with
sub. (4) (d) on or after the effective date of the cropland performance standard.
NR 151.09(3)(c)2.
2. A landowner or operator of existing cropland, defined under
sub. (4) (b), shall comply with a cropland performance standard, regardless of whether cost sharing is available, in situations where the best management practices and other corrective measures needed to meet the performance standards do not involve eligible costs.
NR 151.09(3)(c)3.
3. A landowner or operator of an existing cropland that voluntarily proposes to construct or reconstruct a manure storage system shall comply with
s. NR 151.07, regardless of whether cost sharing is made available, if the nutrient management plan is required pursuant to a local permit for the manure storage system.
NR 151.09 Note
Note: Although the requirement for the nutrient management plan in this subd. 3 is tied to construction of a new manure storage system, the department intends to implement the nutrient management standard through s.
NR 151.09 rather than through s.
NR 151.095.
NR 151.09(3)(d)
(d)
New cropland requirements. A landowner or operator of a new cropland, defined under
sub. (4) (b), shall comply with the cropland performance standards, regardless of whether cost sharing is available.
NR 151.09 Note
Note: Under s.
281.16 (3) (e), Stats., a landowner or operator may not be required by the state or a municipality through an ordinance to bring existing croplands into compliance with the cropland performance standards, technical standards or conservation practices unless cost-sharing is available in accordance with this section.
NR 151.09(4)(a)(a)
Scope of determinations. If croplands are not in compliance with a cropland performance standard, the department shall make determinations in accordance with the procedures and criteria in this subsection.
NR 151.09(4)(b)
(b)
Cropland status. The department shall classify non-complying croplands to be either new or existing for purposes of administering this section and s.
281.16 (3) (e), Stats. In making the determination, the department shall base the decision on the following:
NR 151.09(4)(b)1.
1. An existing cropland is one that meets all of the following criteria:
NR 151.09(4)(b)1.a.
a. The cropland was being cropped as of the effective date of the standard.
NR 151.09(4)(b)1.b.
b. The cropland is not in compliance with a cropland performance standard in this subchapter as of the effective date of the standard. The reason for non-compliance of the cropland may not be failure of the landowner or operator to maintain an installed best management practice in accordance with a cost-share agreement or contract.
NR 151.09(4)(b)2.
2. An existing cropland also includes land enrolled on October 1, 2002, in the conservation reserve or conservation reserve enhancement program administered by the U.S. department of agriculture. This subdivision does not apply to croplands re-enrolled after October 1, 2002.
NR 151.09(4)(b)3.
3. A new cropland is one that does not meet the definition under
subd. 1. or
2., including:
NR 151.09(4)(b)3.a.
a. Land without a previous history of cropping that is converted to cropland after the effective date of the standard. "Without a previous history of cropping" means land where crops have not been grown and harvested for agricultural purposes in the last 10 years prior to the conversion to cropland.
NR 151.09(4)(b)3.b.
b. Cropland that is in existence and in compliance with a performance standard on or after the effective date of the standard and that undergoes a change in a cropland practice that results in noncompliance with the performance standards.
NR 151.09 Note
Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(4)(b)4.
4. Change in ownership may not be used as the sole basis for determining whether a cropland is existing or new for purposes of administering this subsection.
NR 151.09(4)(c)1.1. If cost sharing is required to be made available under
sub. (3) (c), the department shall determine the total cost of best management practices and corrective measures needed to bring a cropland into compliance with performance standards and shall determine which of those costs are eligible for cost-sharing for the purposes of administering this section and s.
281.16 (3) (e), Stats.
NR 151.09(4)(c)2.
2. The cost-share eligibility provisions identified in
chs. NR 153 and
154 shall be used in identifying eligible costs for installation of best management practices and corrective measures.
NR 151.09(4)(c)3.
3. Eligible technical assistance costs include best management practice planning, design, installation supervision, and installation certification.
NR 151.09(4)(c)4.
4. If cost sharing is provided by DATCP or the department, the corrective measures shall be implemented in accordance with the BMPs and technical standards specified in
ch. NR 154 or subch.
VIII of ch. ATCP 50.
NR 151.09 Note
Note: Under chs.
NR 153 and
154, eligible costs typically include capital costs and significant other expenses, including design costs, incurred by the landowner or operator. Eligible costs do not include the value or amount of time spent by a landowner or operator in making management changes.
NR 151.09(4)(d)1.1. For purposes of administering this section and s.
281.16 (3) (e), Stats., if cost sharing is required to be made available under
sub. (3), the department shall make a determination as to whether cost sharing has been made available on or after the effective date of the cropland standard to cover the eligible costs for a landowner or operator to comply with the cropland performance standard.
NR 151.09(4)(d)2.
2. Cost sharing under s.
281.65, Stats., shall be considered available when all of the following have been met:
NR 151.09(4)(d)2.a.
a. Cost share dollars are offered in accordance with either of the following: the department has entered into a runoff management grant agreement under
ch. NR 153 or a nonpoint source grant agreement under
ch. NR 120, and a notice under
sub. (5), including any required offer of cost sharing, has been issued by the department or a municipality; or the department directly offers cost share assistance and issues a notice under
sub. (5).
NR 151.09(4)(d)2.b.
b. The grants in
subd. 2. a., alone or in combination with other funding determined to be available under
subd. 3., provide at least 70% of the eligible costs to implement the best management practices or other corrective measures for croplands needed to meet a cropland performance standard.
NR 151.09(4)(d)2.c.
c. In cases of economic hardship determined in accordance with
s. NR 154.03 (3), the grants in
subd. 2. a., alone or in combination with other funding determined to be available under
subd. 3., provide cost sharing consistent with the hardship determination.
NR 151.09(4)(d)3.
3. For funding sources other than those administered by s.
281.65, Stats., the department may make a determination of cost share availability after consulting with DATCP and
ch. ATCP 50.
NR 151.09 Note
Note: Under s.
281.16 (3) (e), DATCP is responsible for promulgating rules that specify criteria for determining whether cost-sharing is available from sources other than s.
281.65, Stats., including s.
92.14, Stats. Pursuant to s.
281.16 (3) (e), Stats., a municipality is required to follow the department's definition of cost-share availability if funds are utilized under s.
281.65, Stats. If funds are utilized from any other source, a municipality must defer to DATCP's definition of cost-share availability.
NR 151.09(5)
(5) Notification requirements and compliance periods for existing croplands when cost-sharing is required. NR 151.09(5)(a)1.1. The department shall notify a landowner or operator in writing of the determinations made under
sub. (4) and implementation requirements for existing croplands where cost sharing is required for compliance.
NR 151.09(5)(a)2.
2. The notice shall be sent certified mail, return receipt requested or personal delivery.
NR 151.09(5)(a)3.c.
c. The determination made in accordance with
sub. (4) (c) as to which best management practices or other corrective measures that are needed to comply with cropland performance standards are eligible for cost sharing.
NR 151.09 Note
Note: Some best management practices required to comply with cropland performance standards involve no eligible cost to the landowner or operator and are not eligible for cost sharing.
NR 151.09(5)(a)3.d.
d. The determination made in accordance with
sub. (4) (d) that cost sharing is available for eligible costs to achieve compliance with cropland performance standards, including a written offer of cost sharing.
NR 151.09(5)(a)3.e.
e. An offer to provide or coordinate the provision of technical assistance.
NR 151.09(5)(a)3.g.
g. An explanation of the possible consequences if the landowner or operator fails to comply with provisions of the notice, including enforcement or loss of cost sharing, or both.
NR 151.09(5)(b)1.1. A landowner or operator that receives the notice under
par. (a) shall install or implement best management practices and corrective measures to meet the performance standards in the time period specified in the notice, if cost sharing is available in accordance with
sub. (4) (d) 2.
NR 151.09(5)(b)2.
2. The compliance period identified in the notice in
par. (a) shall be determined by the department as follows:
