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5. NRCS conservation practice standard 329 residue and tillage management, no till (January, 2018).
6. NRCS conservation practice standard 585 stripcropping (June, 2016).
(c) The landowner agrees to maintain conservation crop rotation for a minimum of 3 years or the duration of cost share, whichever is longer.
History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.67 Contour farming.
(1) Definition. In this section, “contour farming” means plowing, preparing, planting, and cultivating sloping land on the contour and along established grades of terraces or diversions.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish a contour farming system, including necessary costs to remove obstacles.
(3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse contour farming costs unless the contour farming system meets the following applicable standards:
(a) NRCS conservation practice standard 330 contour farming (March, 2016).
(b) NRCS conservation practice standard 500 obstruction removal (June, 2021).
(c) NRCS conservation practice standard 420 wildlife habitat planting (June, 2020), if habitat management is used to mitigate the loss of habitat resulting from the installation of contour farming.
(d) NRCS conservation practice standard 332 contour buffer strips (July, 2016).
(e) The landowner agrees to maintain the contour farming system for each cropping season for which cost-sharing is provided.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (3) (a) to (c) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (a), (b) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (a) to (c), cr. (3) (d), (e) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) to (c) made under s. 35.17, Stats., Register May 2024 No. 821.
ATCP 50.68 Cover crop.
(1) Definition. In this section, “cover crop” means close-growing grasses, legumes, or small grain grown for any of the following purposes:
(a) To control soil erosion.
(b) To improve soil health.
(c) To improve water quality.
(d) To manage excess nutrients in the soil.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs to establish cover crops on an agricultural field.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish a cover crop unless all of the following apply:
(a) The cover meets NRCS conservation practice standard 340 cover crop (August, 2015).
(b) The landowner agrees to maintain the cover and green manure crop in each cropping season for which cost-sharing is provided.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (title) and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (a) Register August 2016 No. 728, eff. 9-1-16; CR 23-024: am. (1) (intro.), (a) to (c), cr. (1) (d), am. (2), (4) (intro.), (a) Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.69 Critical area stabilization.
(1) Definition. In this section, “critical area stabilization” means planting suitable vegetation on erodible areas such as steep slopes and gullies, so as to reduce soil erosion or pollution from agricultural nonpoint sources. “Critical area stabilization” may also include treating areas that drain into bedrock crevices, openings, or sinkholes.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the following critical area stabilization costs:
(a) Costs to purchase and install permanent fencing around the critical area.
(b) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.
(c) Preparatory shaping and smoothing operations.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse for the costs of planting trees intended for commercial harvest.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse critical area stabilization costs unless all of the following conditions are met:
(a) The critical area stabilization complies with all of the following that apply:
1. NRCS conservation practice standard 342 critical area planting (January, 2018).
2. NRCS conservation practice standard 382 fence (January, 2014).
3. NRCS conservation practice standard 386 field border (January, 2017).
4. NRCS conservation practice standard 472 access control (January, 2018).
5. NRCS conservation practice standard 484 mulching (June, 2016).
6. NRCS conservation practice standard 612 tree/shrub establishment (January, 2018).
7. NRCS conservation practice standard 527 sinkhole treatment (September, 2021).
(b) The landowner agrees to maintain the critical area stabilization practice for 10 years unless farming operations on the affected land are discontinued or the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1., 2. and 4. to 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (4) (a) 1. to 7., (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (4) (a) 1., 3., 4., 5., 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (4) (a) 1 to 7. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.70 Diversions.
(1) Definition. In this section, “diversion” means a structure installed to divert excess surface runoff water to an area where it can be used, transported, or discharged without causing excessive soil erosion. A “diversion” can also be used to divert surface runoff water around farmsteads or agricultural waste systems to prevent water from becoming contaminated runoff, or both. “Diversion” includes a channel with a supporting earthen ridge on the lower side, installed across the slope with a self-discharging and non-erosive gradient.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to establish a diversion system:
(a) Costs to install a diversion, outlet, dike, or subsurface drain. Costs to install a subsurface drain may be reimbursed only if the drain is installed on sloping land where groundwater seeps to the surface and causes the land or land cover to lose its stability.
(b) Costs to install pipes, underground outlets, or other structures needed to deliver water to a ditch or dike, to promote a more even flow of water, or to protect outlets from erosion.
(c) Costs for leveling and filling needed to install an effective diversion system.
(d) Costs to remove obstructions, if necessary for the installation of an effective diversion system.
(e) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.
(f) Fencing needed to protect a diversion from livestock.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not be used to install ditches or dikes that are designed to drain or impound water for later use, or that will be a part of a regular irrigation system.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish a diversion system unless all of the following conditions are met:
(a) The diversion includes an adequate outlet that prevents erosion.
(b) The diversion complies with all of the following that apply:
1. NRCS conservation practice standard 342 critical area planting (January, 2018).
2. NRCS conservation practice standard 362 diversion (August, 2016).
3. NRCS conservation practice standard 382 fence (January, 2014).
4. NRCS conservation practice standard 412 grassed waterway (August, 2021).
5. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).
6. NRCS conservation practice standard 500 obstruction removal (June, 2021).
7. NRCS conservation practice standard 606 subsurface drain (June, 2021).
8. NRCS conservation practice standard 620 underground outlet (June, 2021).
9. NRCS conservation practice standard 645 upland wildlife habitat management (January, 2013).
(c) The landowner agrees to maintain the diversion for 10 years unless farming operations on the affected land are discontinued.
History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (b) 1. to 5., 7. and 9. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (b) 1. to 9. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (b) 3., 7., 8. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (b) 1., 2., 4., 6. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (4) (b) 1. to 9. Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.705 Feed storage runoff control systems.
(1) Definitions. In this section:
(a) “Feed storage area” means an area used to store livestock feed including corn silage, haylage, and industrial by-products including distillers grain, brewers grain, candy, pizza crust, bakery waste, cotton seed, soybean meal, animal fats, blood meal, fish meal, cannery waste, beet pulp, citrus pulp, soy hulls, corn middlings, whey, potatoes, and grocery store vegetables. The feed storage area includes the area up to the outside edge of the surface on which the feed is stored and any apron area.
(b) “Feed storage runoff control system” means a system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a feed storage runoff control system:
(a) Costs for diversion of clean water from the storage area.
(b) Costs for conduits, permanent pumps, and related equipment required to collect, transfer, and store discharges of leachate and contaminated runoff including subsurface and surface discharges.
(c) Costs for preparation of a site for a runoff treatment area and establishment of permanent vegetative cover.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a feed storage runoff control system:
(a) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.
(b) Buildings or modifications to buildings.
(c) Portable equipment to pump or spread feed storage runoff onto land or to incorporate those wastes into land.
(d) A non-permanent storage area allowed under NRCS conservation practice standard 561 heavy use area protection (November, 2022).
(e) Areas used to store feeds considered dry, at 40% moisture or less, if the storage areas are protected from precipitation.
(4) Feed storage runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a feed storage runoff control system if any of the following apply:
(a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.
(b) The landowner could have prevented the discharge of pollutants through improved management practices at nominal cost.
(c) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.
(d) The landowner could have prevented the discharge of pollutants by complying with an operation and maintenance plan previously agreed upon by the landowner and one of the following:
1. The department.
2. The county land conservation committee.
3. DNR.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.