Chapter NR 154

NR 154.04(3)(b) (b) Except as provided under par. (c), the provisions for a manure storage system included in s. ATCP 50.62 shall apply.

NR 154.04(3)(c) (c) The following are exceptions to par. (b):

NR 154.04(3)(c)1. 1. Leases of manure storage tanks are eligible for funding in accordance with this chapter.

NR 154.04(3)(c)2. 2. The department may not award a cost-share grant for a manure storage system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.

NR 154.04(4) (4) Manure storage system closure.

NR 154.04(4)(a) (a) The department may provide cost-share grants to implement closure of manure storage systems.

NR 154.04(4)(b) (b) The provisions for a manure storage system included in s. ATCP 50.63 shall apply.

NR 154.04(5) (5) Barnyard runoff control systems.

NR 154.04(5)(a) (a) The department may provide cost-share grants to implement barnyard runoff control systems.

NR 154.04(5)(b) (b) Except as provided under par. (c), the provisions for barnyard runoff control included in s. ATCP 50.64 shall apply.

NR 154.04(5)(c) (c) The department may not award a cost-share grant for a barnyard runoff control system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.

NR 154.04(6) (6) Access roads.

NR 154.04(6)(a) (a) The department may provide cost-share grants to implement access roads.

NR 154.04(6)(b) (b) The provisions for access roads included in s. ATCP 50.65 shall apply.

NR 154.04(7) (7) Trails and walkways.

NR 154.04(7)(a) (a) The department may provide cost-share grants to implement trails and walkways.

NR 154.04(7)(b) (b) The provisions for trails and walkways included in s. ATCP 50.66 shall apply.

NR 154.04(8) (8) Contour farming.

NR 154.04(8)(a) (a) The department may provide cost-share grants to implement contour farming.

NR 154.04(8)(b) (b) Except as provided under par. (c), the provisions for contour farming included in s. ATCP 50.67 shall apply.

NR 154.04(8)(c) (c) A cost-share grant under ch. NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply:

NR 154.04(8)(c)1. 1. Mitigation is warranted because of contour farming implemented using a cost-share grant provided under ch. NR 153.

NR 154.04(8)(c)2. 2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000). The NRCS technical standard 645 (July, 2000) is incorporated by reference for this chapter.

NR 154.04 Note Note: Copies of NRCS technical standard 645 may be obtained at the department of natural resources and the legislative reference bureau, Madison, Wisconsin.

NR 154.04(9) (9) Cover crop.

NR 154.04(9)(a) (a) The department may provide cost-share grants to implement cover crops.

NR 154.04(9)(b) (b) The provisions for cover crops included in s. ATCP 50.68 shall apply.

NR 154.04(10) (10) Critical area stabilization.

NR 154.04(10)(a) (a) The department may provide cost-share grants to implement critical area stabilization.

NR 154.04(10)(b) (b) The provisions for critical area stabilization included in s. ATCP 50.69 shall apply.

NR 154.04(11) (11) Diversions.

NR 154.04(11)(a) (a) The department may provide cost-share grants to implement diversions.

NR 154.04(11)(b) (b) Except as provided under par. (c), the provisions for diversions included in s. ATCP 50.70 shall apply.

NR 154.04(11)(c) (c) A cost-share grant under ch. NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply.

NR 154.04(11)(c)1. 1. Mitigation is warranted because of diversions implemented using a cost-share grant provided under ch. NR 153.

NR 154.04(11)(c)2. 2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000).

NR 154.04(11m) (11m) Feed storage runoff control systems.

NR 154.04(11m)(a) (a) The department may provide cost-share grants to implement feed storage runoff control systems.

NR 154.04(11m)(b) (b) The provisions for feed storage runoff control systems included in s. ATCP 50.705 shall apply.

NR 154.04(12) (12) Field windbreaks.

NR 154.04(12)(a) (a) The department may provide cost-share grants to implement field windbreaks.

NR 154.04(12)(b) (b) The provisions for field windbreaks included in s. ATCP 50.71 shall apply.

NR 154.04(13) (13) Filter strips.

NR 154.04(13)(a) (a) The department may provide cost-share grants to implement filter strips.

NR 154.04(13)(b) (b) The provisions for filter strips included in s. ATCP 50.72 shall apply.

NR 154.04(14) (14) Grade stabilization.

NR 154.04(14)(a) (a) The department may provide cost-share grants to implement grade stabilization structure.

NR 154.04(14)(b) (b) The provisions for grade stabilization structure included in s. ATCP 50.73 shall apply.

NR 154.04(16) (16) Lake sediment treatment.

NR 154.04(16)(a) (a) Definitions. In this subsection, “lake sediment treatment” is defined as a chemical, physical or biological treatment of polluted lake sediments for purposes of minimizing potential adverse impacts from the pollutants.

NR 154.04(16)(b) (b) Eligible costs. A cost-share grant may reimburse the following:

NR 154.04(16)(b)1. 1. Costs for the design and treatment of lake sediments with chemical compounds, including aluminum sulfate, sodium aluminate, ferric chloride, calcium hydroxide and calcium carbonate.

NR 154.04(16)(b)2. 2. Costs for treatment of lake sediments with physical or biological methods, including the aeration of water overlaying lake sediments and the biological manipulation of organisms which exacerbate sediment contamination of overlaying lake water.

NR 154.04(16)(c) (c) Ineligible costs. Costs for the dredging of sediments are ineligible for reimbursement.

NR 154.04(16)(d) (d) Design, construction and maintenance. A cost-share grant under ch. NR 153 or 155 may not reimburse any costs related to lake sediment treatment unless all the following conditions are met:

NR 154.04(16)(d)1. 1. Water quality objectives are achieved through the control of polluted lake sediments.

NR 154.04(16)(d)2. 2. Significant nonpoint sources of the pollution to the lake are controlled prior to treatment of lake sediments.

NR 154.04(16)(d)3. 3. The department approves the engineering design for the lake sediment treatment plan prior to implementation of the plan.

NR 154.04(16)(d)4. 4. All necessary and required federal, state and local permits are obtained prior to construction.

NR 154.04(16)(d)5. 5. The design and implementation of lake sediment treatment plans are conducted in accordance with standards and best management practices approved on a case-by-case basis by the department.

NR 154.04(17) (17) Livestock fencing.

NR 154.04(17)(a) (a) The department may provide cost-share grants to implement livestock fencing.

NR 154.04(17)(b) (b) The provisions for livestock fencing included in s. ATCP 50.75 shall apply.

NR 154.04(18) (18) Livestock watering facilities.

NR 154.04(18)(a) (a) The department may provide cost-share grants to implement livestock watering facilities.

NR 154.04(18)(b) (b) The provisions for livestock watering facilities included in s. ATCP 50.76 shall apply.

NR 154.04(19) (19) Milking center waste control systems.

NR 154.04(19)(a) (a) The department may provide cost-share grants to implement milking center waste control systems.

NR 154.04(19)(b) (b) The provisions for milking center waste control included in s. ATCP 50.77 shall apply.

NR 154.04(20) (20) Nutrient management.

NR 154.04(20)(a) (a) The department may provide cost-share grants to implement nutrient management.

NR 154.04(20)(b) (b) Except as provided under par. (c), the provisions for nutrient management included in s. ATCP 50.78 shall apply.

NR 154.04(20)(c) (c)

NR 154.04(20)(c)1. 1. Costs for soil and plant nutrient testing, including residual nitrogen analysis, and costs for nutrient analysis of manure and other organic wastes are eligible for cost-sharing to implement nutrient management provided that testing and analysis are conducted by a laboratory certified under s. ATCP 50.50.

NR 154.04(20)(c)2. 2. A cost-share grant under ch. NR 153 may not reimburse nutrient management costs under this subsection unless the landowner or land operator agrees in writing to maintain a minimum horizontal separation distance of 100 feet in all directions from any potable well, non-potable well, reservoir or spring when spreading manure, injecting manure or applying manure by other means.

NR 154.04(21) (21) Pesticide management.

NR 154.04(21)(a) (a) The department may provide cost-share grants to implement pesticide management.

NR 154.04(21)(b) (b) The provisions for pesticide management included in s. ATCP 50.79 shall apply.

NR 154.04(22) (22) Prescribed grazing.

NR 154.04(22)(a) (a) The department may provide cost-share grants to implement prescribed grazing.

NR 154.04(22)(b) (b) The provisions for prescribed grazing included in s. ATCP 50.80 shall apply.

NR 154.04(23) (23) Relocating or abandoning animal feeding operations.

NR 154.04(23)(a) (a) The department may provide cost-share grants to implement relocation or abandonment of animal feeding operations.

NR 154.04(23)(b) (b) The provisions for relocating or abandoning animal feeding operations included in s. ATCP 50.81 shall apply.

NR 154.04(24) (24) Residue management.

NR 154.04(24)(a) (a) The department may provide cost-share grants to implement residue management.

NR 154.04(24)(b) (b) Except as provided under par. (c), the provisions for residue management included in s. ATCP 50.82 shall apply.

NR 154.04(24)(c) (c) A cost-share grant under ch. NR 153 may not reimburse costs for continuous no-till unless surface applications of nutrients, including animal manure, are prohibited or the surface application of nutrients is in compliance with s. NR 151.07. Continuous no-till is defined as implementation of the practice for 3 or more consecutive years.

NR 154.04(25) (25) Riparian buffers.