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Intensive grazing management.
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Nutrient or pesticide management.
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Strip-cropping.
DATCP may use cost-share funds to reimburse a county for technical services that the county provides in connection with a cost-shared practice. Reimbursement for county technical services may not exceed 15% of project cost. Bond revenues may not be used to pay for technical services provided by the county.
DATCP may not use cost-share grant funds to reimburse a county for costs incurred after December 31 of the calendar year for which the funds are allocated. Unspent funds remain with DATCP, for distribution under a future year's allocation plan. If a landowner signs a funded cost-share contract by November 1 of the initial grant year, but does not complete that contract in that grant year (e.g., because of bona fide construction delays), DATCP may extend funding to the next year. DATCP will normally extend funding if the county requests the extension by January 15 of that next year. DATCP will not extend funding for more than one year.
A county land conservation committee must keep all the following records related to cost-share grant funds received from DATCP:
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Copies of all county cost-share contracts with landowners.
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Documentation to support each county reimbursement request to DATCP (see above).
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Documentation showing all county receipts and disbursements of grant funds.
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Other records needed to document county compliance with this rule and the grant contract.
A county land conservation committee must retain cost-share records for at least 3 years after the committee makes its last cost-share payment to the landowner, or for the duration of the required maintenance period, whichever is longer. The committee must make the records available to DATCP and grant auditors upon request.
Priority Watershed Program; County and Local Staffing Grants
As part of the legislative restructuring of the state's nonpoint source pollution abatement program, DNR is phasing out its priority watershed program under ch. NR 120. DNR will continue to provide cost-share funding for priority watershed projects established prior to July 1, 1998. But DNR will establish no new priority watershed projects, and has established no new projects since July 1, 1998. DNR will no longer provide funding for county and local government staff engaged in the priority watershed program.
DATCP currently provides grants to pay for county soil and water conservation staff (see above). Under the redesigned nonpoint source pollution abatement program, DATCP will also fund county and local staff who are still engaged in DNR's priority watershed program. Funding for these county staff will be added to, and included in, DATCP's basic annual staffing grants to counties. DATCP will provide separate grants to other governmental units engaged in priority watershed projects.
This rule spells out standards for priority watershed staffing grants. Staffing grants include support costs. A county is not required to provide matching funds for priority watershed staffing grants, as it is for other staffing grants. Within the limits of available funds transferred from DNR, DATCP will try to ensure continuity of staffing and support for continuing priority watershed projects. Staffing grants for priority watershed projects will be phased out as remaining projects are completed.
Agricultural Engineering Practitioners; Certification
Under s. 92.18, Stats., DATCP must certify persons who design, review or approve cost-shared agricultural engineering practices. This rule identifies the agricultural engineering practices for which certification is required. This rule continues, without change, the certification program established under current rules. No certification is required for a professional engineer certified under ch. 443, Stats.
Applying for Certification
Under this rule, a person who wishes to be certified as an agricultural engineering practitioner must apply to DATCP or a county land conservation committee. A person may apply orally or in writing. DATCP or the committee must promptly refer the application to a DATCP field engineer. Within 30 days, the DATCP field engineer must rate the applicant and issue a decision granting or denying the application.
Certification Rating
The DATCP field engineer must rate an applicant using the rating form shown in Appendix E to this rule. The field engineer must rate the applicant based on the applicant's demonstrated knowledge, training, experience, and record of appropriately seeking assistance. For the purpose of rating an applicant, a field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant.
For each type of agricultural engineering practice, the rating form identifies 5 job classes requiring progressively more complex planning, design and construction. Under this rule, the field engineer must identify the most complex of the 5 job classes for which the applicant is authorized to certify that the practice is properly designed and installed. A certified practitioner may not certify any agricultural engineering practice in a job class more complex than that for which the practitioner is certified.
Appealing a Certification Decision
A field engineer must issue a certification decision in writing, and must include a complete rating form. An applicant may appeal a certification decision or rating by filing a written appeal with the field engineer. The field engineer must meet with the appellant in person or by telephone to discuss the matters at issue.
If the appeal is not resolved, DATCP must schedule an informal hearing before a qualified DATCP employee other than the field engineer. After the informal hearing, the presiding officer must issue a written decision that affirms, modifies or reverses the field engineer's action. If the applicant disputes the presiding officer's decision, the applicant may request a formal hearing under ch. 227, Stats.
Reviewing Certification Ratings
Under this rule, a DATCP field engineer must review the certification rating of every agricultural engineering practitioner at least once every 3 years. A field engineer must also review a certification rating at the request of the person certified. A field engineer may not reduce a rating without good cause, and all reductions must be in writing.
Suspending or Revoking Certification
Under this rule, DATCP may suspend or revoke a certification for cause. DATCP may summarily suspend a certification, without prior notice or hearing, if DATCP makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare. The practitioner may request a formal hearing under ch. 227, Stats.
County and Local Ordinances
General
Farm conservation requirements adopted by a county, city, village, town or local governmental unit must be reasonably consistent with this rule. DATCP must review, and may comment on, proposed ordinances requiring farm conservation practices. DATCP will review agricultural shoreland management ordinances and other ordinances that regulate farm conservation practices. DATCP will assist DNR in reviewing general shoreland management ordinances adopted under s. 59.692, if those ordinances regulate farm conservation practices.
Counties and local entities must submit relevant ordinances for review. They need not obtain DATCP approval of their proposed ordinances, except that DATCP must approve agricultural shoreland management ordinances (see s. 92.17, Stats.). This rule, like current rules, establishes specific standards for county and local ordinances related to manure storage and agricultural shoreland management (see below).
Manure Storage Ordinances
A county, city, village or town may enact a manure storage ordinance under s. 92.16, Stats. Current rules spell out standards for manure storage ordinances. This rule incorporates those standards without change.
Under this rule, a county or local manure storage ordinance adopted under s. 92.16, Stats., must require persons constructing manure storage systems to obtain a county or local permit. A person constructing a manure storage system must have a nutrient management plan that complies with this rule, and must comply with applicable design and construction standards.
A manure storage ordinance may prohibit any person from abandoning a manure storage system unless that person submits an abandonment plan and obtains an abandonment permit. The rule spells out suggested abandonment requirements for those ordinances that regulate abandonment.
Agricultural Shoreland Management Ordinances
A county, city, village or town may enact an agricultural shoreland management ordinance under s. 92.17, Stats., with DATCP approval. Current rules spell out standards for agricultural shoreland management ordinances. This rule adopts the current rules without change. DATCP must seek DNR and LWCB recommendations before it approves an ordinance or amendment, except that DATCP may summarily approve an ordinance amendment that presents no significant legal or policy issues.
Local Regulation of Livestock Operations
A local governmental unit may regulate livestock operations under s. 92.15, Stats. Local regulations must be consistent with this rule. A local regulation may not require a farmer to change or discontinue that part of a facility or practice that existed prior to the effective date of this rule unless the farmer's cost is insignificant or the farmer receives at least 70% cost-share funding.
Waivers
DATCP may grant a waiver from any standard or requirement under this rule if DATCP finds that the waiver is necessary to achieve the objectives of this rule. The DATCP secretary must sign the waiver. DATCP may not waive a statutory requirement.
Standards Incorporated by Reference
Pursuant to s. 227.21, Stats., DATCP has received permission from the attorney general and the revisor of statutes to incorporate by reference in this rule NRCS technical guide standards, ASAE engineering practice standards, DNR construction site erosion control standards, the UW- extension pollution control guide for milking center waste water management, and the UW-extension guide on rotational grazing. Copies of these standards are on file with the department, the secretary of state and the revisor of statutes, but are not reproduced in this rule.
NRCS technical guide nutrient management standard 590 is attached as Appendix D to this rule. Appendix B contains a summary of UWEX publication A-2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops (copyright 1998), for selected crops. The department is seeking permission from the attorney general and revisor of statutes to incorporate the complete UWEX publication by reference in this rule. The complete publication and the summary are available from UW-extension, and will be on file with the department, the secretary of state and the revisor of statutes.
Fiscal Estimate
See page 37 of the February 29, 2000 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 38 of the February 29, 2000 Wis. Adm. Register.
Draft Environmental Assessment
The department has prepared a draft environmental assessment for this proposed rule. Copies are available from the department upon request and will be available at the public hearings. Copies of the environmental assessment can from: Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, Bureau of Land and Water Resources, 2811 Agricultural Drive, P.O. Box 8911, Madison, WI 53708-8911; telephone 608/224-4620. The department will accept comments on the draft environmental assessment at the public hearings and will accept written comments on the environmental assessment until April 14, 2000.
Notice of Hearing
Barbering & Cosmetology Examining Board
Notice is hereby given that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 440.62 (5) (b), Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Figure 5.02, Figure 5.04, Figure 5.05 and Figure 5.06, relating to theory hours conducted by the school outside of the classroom.
Hearing Information
April 3, 2000 1400 E. Washington Ave.
Monday Room 179A
10:15 A.M. Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 17, 2000 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statute interpreted: s. 440.62 (5) (b)
The Barbering and Cosmetology Examining Board proposes to revise its rules to allow students to receive credit for one or more structured establishment visits. The current rules do not allow this to occur. Under current rules, students may not receive credit for attending structured classes outside of their school in licensed establishments.
The board believes that this rule would allow students to obtain valuable experience for how to deal with treating the consumer appropriately and to learn how a practitioner protects the health, safety and welfare of the citizenry.
Fiscal Estimate
This rule changes the practitioner license syllabus for Barbering and Cosmetology. The fiscal impact to implement this rule may include special board meetings and administrative costs. These costs are estimated to be about $300 annually and can be absorbed within the agency's budget.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Commerce
(PECFA, Chs. Comm 46-47)
Notice is hereby given that pursuant to ss. 227.11 (2) (a) and 227.24 (4), Stats., interpreting ss. 101.143 and 101.144, Stats., the Department of Commerce announces that it will hold a public hearing on an emergency rule in Ch. Comm 47, relating to the Petroleum Environmental Cleanup Fund.
Hearing Information
March 27, 2000 Third Floor
Monday Conference Room 3B
Commencing at 9:30 a.m. Tommy G. Thompson
