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:
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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.
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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.
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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.
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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.
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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
|
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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:
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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.
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A federal, state or local governmental unit offers the farmer cost-share funding to cover at least 70% of the farmer's cost to comply.
County Implementation
Counties will take the lead role in implementing farm conservation practices under this rule (see below). Counties must adopt land and water resource management plans to implement the conservation practices on farms. DATCP must approve county plans, as provided in ch. 92, Stats. Counties must update conservation standards for farmers claiming farmland preservation tax credits, and may adopt ordinances requiring other farmers to implement conservation practices. With DATCP financial help, counties may also provide cost-share grants, technical assistance and information to farmers.
Installing Conservation Practices; Technical Standards
A farmer may implement the conservation practices under this rule in a variety of different ways. DATCP, UW-extension, NRCS and the counties will provide information and recommendations.
If a landowner receives cost-share funding to install a conservation practice, the practice must comply with technical standards under this rule. The county must also determine that the funded practice is cost-effective. This rule specifies technical standards (including required maintenance periods) for the following cost-shared practices:
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Manure storage systems
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Manure storage system abandonment
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Barnyard runoff control systems
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Access roads and cattle crossings
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Animal trails and walkways
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Cattle mounds
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Conservation tillage
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Contour farming
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Critical area stabilization
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Cropland cover (green manure)
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Diversions
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Field windbreaks
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Filter strips
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Grade stabilization structures
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Heavy use area protection
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Intensive grazing management
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Livestock fencing
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Livestock watering facilities
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Milking center waste control systems
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Nutrient and pesticide management
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Relocating or abandoning animal feeding operations
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Riparian buffers
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Roofs
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Roof runoff systems
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Sediment basins
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Streambank and shoreline protection
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Strip-cropping
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Subsurface drains
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Terrace systems
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Underground outlets
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Waste transfer systems
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Water and sediment control basins
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Waterway systems
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Well decommissioning
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Wetland development or restoration
This rule does not change or eliminate any current technical standards, or add any new technical standards, except that it:
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Adds a standard for cropland cover (green manure).
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Adds a standard for riparian buffers (the new standard is similar to the existing standard for filter strips).
•
Eliminates required maintenance periods for the following practices (a county may negotiate a maintenance period with the farmer, and may provide more cost-share funding in return for a longer maintenance period):
*Conservation tillage
*Contour farming
*Cropland cover (new standard)
*Intensive grazing management
*Nutrient or pesticide management
*Strip-cropping
This rule spells out a procedure by which DATCP may change technical standards in the future. DATCP will adopt future changes, if any, by rule (as it has in the past). The rulemaking process provides opportunity for public review and input. DATCP will make available complete copies of any technical standards that it incorporates by reference in a rule. DATCP will prepare a fiscal estimate and small business analysis on each proposed rule change, and may seek input from a DATCP advisory council.
DATCP will cooperate with the current Standards Oversight Council (SOC) in the development of technical standards. DATCP will consider SOC technical recommendations, but is not bound to adopt SOC recommendations as rules. SOC is a voluntary, multi-agency committee that works to share technical information and coordinate state and federal technical standards. SOC has no rulemaking authority. This rule does not change SOC's current role or operations. DATCP will encourage SOC to seek public input and cost information as SOC develops technical recommendations.
Cost-Share Funding for Conservation Practices
DATCP currently finances county cost-share grants to farmers who install soil and water conservation practices. DNR also provides cost-share funding under its nonpoint source pollution abatement program. This rule implements a legislative transfer of the rural nonpoint cost-share program from DNR to DATCP.
Under this rule, DATCP will finance county cost-share grants to farmers and rural landowners who install conservation practices – including practices designed to abate nonpoint source pollution. But DATCP will no longer finance cost-share grants to landowners who receive specific pollution discharge notices from DNR. Funding for that purpose is transferred to DNR. DNR will also continue to fund cost-share grants to urban landowners.
DATCP and DNR will jointly review county funding requests to determine the appropriate source of cost-share funding. Each county will determine its cost-share priorities based on the county land and water resource management plan. DATCP will allocate available cost-share dollars among the counties, based on state and county priorities.
DATCP will enter into an annual funding contract with each county receiving cost-share funds. The county, in turn, must enter into cost-share contracts with individual landowners. DATCP must be a party to a landowner cost-share contract if the contract is for more than $25,000. This rule spells out requirements for county cost-share contracts with landowners (see below).
DATCP reimburses cost-share payments after the county certifies that the cost-shared practice has been properly installed and paid for. Some conservation practices must be designed and certified by a professional engineer, a certified agricultural engineering practitioner or a qualified nutrient planner (see below).
