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 and
1999 Wis. Act 9, 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. This rule implements the redesigned nonpoint program.
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 reimburse county staff and support costs, and finance county 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. Counties will take the lead role in implementing conservation practices on farms. Counties will receive staff funding from DATCP. Counties will receive cost-share funding from DATCP and DNR.
Under this rule, every farm must implement conservation practices that achieve compliance with DNR performance standards. This rule cross-references, but does not restate or duplicate, DNR performance standards. Conservation requirements are contingent on cost sharing (see below).
DATCP (not DNR) is primarily responsible for establishing conservation requirements related to cropland soil erosion and nutrient management. This rule establishes the following soil erosion and nutrient management requirements, which are contingent on cost sharing (see below):
• 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. DNR rules will establish more specific runoff standards for riparian areas and waterways.
• Annual nutrient management plan. A farmer applying manure or commercial fertilizer must have an annual nutrient management plan, and must follow that plan.
• 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 his or her own nutrient management plan if the farmer has, within the previous 4 years, completed a department-approved training course.
• A person selling bulk fertilizer to a farmer 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).
• 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.
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:
• Manure storage systems
• Manure storage system closure
• Barnyard runoff control systems
• Access roads and cattle crossings
• Animal trails and walkways
• Contour farming
• Cover and green manure crop
• Critical area stabilization
• Diversions
• Field windbreaks
• Filter strips
• Grade stabilization structures
• Heavy use area protection
• Livestock fencing
• Livestock watering facilities
• Milking center waste control systems
• Nutrient management
• Pesticide management
• Prescribed grazing
• Relocating or abandoning animal feeding operations
• Residue management
• Riparian buffers
• Roofs
• Roof runoff systems
• Sediment basins
• Sinkhole treatment
• Streambank and shoreline protection
• Strip-cropping
• Subsurface drains
• Terrace systems
• Underground outlets
• Waste transfer systems
• Water and sediment control basins
• Waterway systems
• Well decommissioning
• Wetland development or restoration
This rule does not change or eliminate any current technical standards, or add any new technical standards, except that this rule:
• Adds a standard for cover and green manure crops.
• Adds a standard for riparian buffers (the new standard is similar to the existing standard for filter strips).
• Adds a standard for sinkhole treatments.
• Splits the nutrient and pesticide management standard into 2 separate standards.
• Eliminates the standard for cattle mounds.
• Renames several standards.
• Eliminates restrictions on the length of cost-share contracts for the following practices:
* Residue management
* Contour farming
* Cover and green manure crops (new standard)
* Prescribed grazing
* Nutrient management
* Pesticide management
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 Sharing Required
Many landowners will need to install new conservation practices in order to comply with this rule. This rule clarifies that a landowner is not required to do any of the following unless the landowner receives at least 70% cost sharing (90% if the county finds that there is an “economic hardship"):
• Discontinue or modify that part of a facility or practice that exists on the effective date of the rule.
• Obtain or implement an annual nutrient management plan.
• Change annual cropping or tillage practices.
This rule clarifies that the 70% (90% hardship) cost-sharing requirement applies to all of the following:
