Whitehall, Wisconsin 54773
March 22, 2000 East Central Wisconsin
Wednesday Room 025 (west entrance)
Calumet County Courthouse
206 Court Street
Chilton, Wisconsin 53014
March 23, 2000 Central Wisconsin
Thursday Hancock Ag Research Station
N3909 County Hwy V
Hancock, Wisconsin 54943
March 28, 2000 North Central Wisconsin
Tuesday Agricultural Center
925 Donald Street
Medford, Wisconsin 54451
March 29, 2000 Northeastern Wisconsin
Wednesday Clover Room, Multipurpose Bldg.
Langlade County Fairgrounds
Neva Road, Hwy 45 North
Antigo, Wisconsin 54409
March 30, 2000 Northwestern Wisconsin
Thursday Barron County Courthouse, Rm 110
330 E. LaSalle Street
Barron, Wisconsin 54812
April 5, 2000 Video conference hearing
Wednesday
from 7:30 p.m. to 9:30 p.m. at:
The Pyle Center, UW Madison
702 Langdon St., See Room
Assignment
Madison Wisconsin 53706
Dept. of Natural Resources
Regional Headquarters
107 Sutliff Avenue
Rhinelander, Wisconsin 54501
UW Superior, Rothwell Student Ctr.
1600 Catlin Ave., Room 218
Superior, Wisconsin 54880
Written comments will be accepted until April 19, 2000.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 92.05(3)(c) and (k), 92.14(8), 92.15(3)(b), 92.16, 92.18(1), 93.07(1), and 281.16(3)(b) and (c)
Statutes interpreted: s. 91.80, ch. 92, and s. 281.16
This rule repeals and recreates current rules related to Wisconsin's soil and water resource management program. The department of agriculture, trade and consumer protection (“DATCP") administers this program under ch. 92, Stats. Among other things, this rule:
•
Requires farm conservation practices.
•
Creates a farm nutrient management program.
•
Updates standards for county soil and water conservation programs, including county land and water resource management plans.
•
Updates standards and procedures for DATCP grants to counties.
•
Updates standards and procedures for county cost-share grants to landowners.
•
Establishes technical standards for cost-shared conservation practices.
•
Transfers some nonpoint source pollution abatement grant programs from DNR to DATCP, as directed by the Legislature.
Background
General
DATCP administers Wisconsin's soil and water resource management program under ch. 92, Stats. The program is designed to conserve the state's soil and water resources, reduce soil erosion, prevent nonpoint source pollution and enhance water quality. This rule spells out program standards and procedures.
DATCP administers this program in cooperation with county land conservation committees, the state land and water conservation board ("LWCB"), the department of natural resources ("DNR"), the natural resource conservation service of the U.S. department of agriculture (“NRCS") and other agencies. DATCP coordinates soil and water management efforts by these agencies. DATCP funds county soil and water conservation programs, and finances county cost-share grants to landowners to implement conservation practices. DNR administers a related cost-share program aimed at preventing nonpoint source pollution.
In 1997 Wis. Act 27, the Legislature mandated a comprehensive redesign of state programs related to nonpoint source pollution. Among other things, the Legislature directed DATCP and DNR to establish conservation standards and practices for farms. The Legislature also directed DATCP to adopt rules related to nutrient management on farms. DATCP and DNR held informational hearings and obtained recommendations from an outreach advisory committee. This rule implements many of those recommendations. This rule also implements statutory changes contained in 1999 Wis. Act 9 (biennial budget act).
County Programs
DATCP administers soil and water conservation programs in cooperation with county land conservation committees. Counties adopt land and water resource management plans, administer county ordinances, adopt conservation compliance standards for farmers claiming farmland preservation tax credits, provide information and technical assistance, and make cost-share grants to landowners installing conservation practices.
DATCP awards soil and water grants to counties. Grants pay for county staff and support, and reimburse counties for cost-share grants to landowners. DATCP reviews county grant applications and awards grants according to an annual grant allocation plan reviewed by the LWCB. Counties must ensure that cost-shared practices are installed according to state standards, and must account for all grant funds received.
Soil and Water Conservation on Farms
Farm Conservation Practices
DNR is primarily responsible for adopting farm performance standards to prevent nonpoint source pollution. DATCP must prescribe conservation practices to implement the DNR standards. DATCP must also establish soil conservation and farm nutrient management requirements. For ease of reference, this rule establishes a unified set of farm conservation practices that addresses nonpoint source pollution, soil conservation and nutrient management. Counties will take the lead role in implementing conservation practices on farms, with financial assistance from DATCP.
Under this rule (with limited exceptions discussed below), every farm in this state must implement the following conservation practices:
•
Soil erosion. A farmer must manage croplands and cropping practices so that soil erosion rates on cropped soils do not exceed a tolerable rate (“T"). For most soils, the tolerable rate (“T") is equivalent to 3 to 5 tons of soil loss per acre per year. Soil erosion on cropped fields in water quality management areas may not exceed ½ T. A farmer may implement this conservation practice in a variety of ways. Farmers in high priority watersheds (see map, Appendix A) must implement this practice by December 31, 2006. Other farmers must implement this practice by December 31, 2010.
•
Grass waterways in cropland areas. A farmer must maintain grass cover in highly erodible intermittent waterways in cropland areas. Farmers in high priority watersheds (see map, Appendix A) must implement this practice by December 31, 2006. Other farmers must implement this practice by December 31, 2010.
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Manure storage facilities. A farmer must comply with standards in this rule if the farmer constructs, moves, enlarges, reconstructs or abandons a manure storage facility after the effective date of this rule.
•
Clean water diversion. A farmer must divert clean water runoff from entering any feedlot or barnyard located in a water quality management area. Farmers in high priority watersheds (see map, Appendix A) must implement this practice by December 31, 2006. Other farmers must implement this practice by December 31, 2010.
•
Livestock operations. A farmer must manage livestock operations so that none of the following occur (these practices are prohibited by current law):
*Overflows from manure storage facilities.
*Unconfined manure piles in water quality management areas.
*Unrestricted livestock access to waters of the state that prevents themaintenance of sod cover adjacent to those waters.
*Direct runoff from animal feeding operations, or from stored manure, to waters of the state.
•
Manure applications. Beginning with the effective date of this rule
, a farmer may not apply more than 75 lbs. of P
20
5 per acre per year in the form of unincorporated manure or organic material. The following amounts of unincorporated manure are deemed to contain 75 lbs. of P
20
5 unless a test shows that the manure contains a different concentration of P
20
5:
Manure Type
|
Solid (tons)
|
Liquid (gallons)
|
Dairy
|
25
|
9,000
|
Beef
|
14
|
5,000
|
Swine
|
25
|
5,000
|
Poultry
|
5
|
2,000
|
•
Annual nutrient management plan. A farmer applying manure or commercial fertilizer must have an annual nutrient management plan, and must follow that plan. Farmers in high priority watersheds (see map, Appendix A) must implement this practice by December 31, 2006. Other farmers must implement this practice by December 31, 2010.
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Nutrient management plan; preparation. A qualified nutrient management planner (see below) must prepare each nutrient management plan required under this rule. A farmer may prepare a nutrient management plan if the farmer is a qualified nutrient management planner. A person selling bulk fertilizer to a farmer, for application after December 31, 2006, must record the name and address of the nutrient management planner who prepared the farmer's nutrient management plan (if the farmer has a plan).
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Nutrient management plan; contents. A nutrient management plan must be based on soil tests, and must comply with standards under this rule. Nutrient applications may not exceed the amounts required to achieve applicable crop fertility levels recommended by the university of Wisconsin in UWEX publication A-2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops (copyright 1998), unless the nutrient management planner documents a special agronomic need for the deviation. Appendix B contains a convenient summary of the UW recommendations for selected crops.
Exemptions
To comply with this rule, a farmer may need to discontinue or modify certain agricultural facilities or practices. However, this rule does not require a farmer to have a nutrient management plan, or to discontinue or modify that part of an agricultural facility or practice that was constructed or begun prior to the effective date of this rule, unless one of the following applies:
•
The farmer can comply without incurring significant out-of-pocket or opportunity costs. Opportunity costs may include, for example, losses in net income that occur when land is taken out of agricultural production or crop value is impaired because of the change.
