Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule relating to nutrient management on farms (ATCP 50). The department will hold the hearings at the times and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. The department will manage oral testimony to ensure that everyone has an opportunity to speak. These hearings will be held in conjunction with hearings on a rule related to livestock facility siting (ATCP 51). DATCP has issued a separate hearing notice related to the livestock facility siting rule.
Following the public hearing, the hearing record will remain open until April 7, 2005, for additional written comments. Written comments should be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management attention Sue Porter, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708. Written comments can be submitted via email to
sue.porter@datcp.state.wi.us.
You may obtain a free copy of the proposed rule and supporting documents such as the environmental assessment, by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4605 or emailing
sue.porter@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 28, 2005, by writing to Sue Porter, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4605. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings with location information:
Date: Monday, March 14, 2005
Location: Fort Community Credit Union
100 N. Main St.
Jefferson, WI 53549
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Tuesday, March 15, 2005
Location: Heidel House
643 Illinois Ave
Green Lake, WI 54941
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Thursday, March 17, 2005
Location: Ramada White House
1450 Veterans Drive
Richland Center, WI 53581
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Tuesday, March 22, 2005
Location: UW-Manitowoc Center
705 Viebahn St.
Manitowoc, WI 54220
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Wednesday, March 23, 2005
Location: Northcentral Technical College
1000 W. Campus Dr.
Wausau, WI 54401
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Date: Thursday, March 24, 2005
Location: Chippewa Valley Technical College
620 W. Clairemont Ave.
Eau Claire, WI 54701
Times: 12:30-4:30 p.m. and 5:30 p.m. to 9:30 p.m.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates plant nutrients to maintain and improve water quality. DATCP proposes to amend the current nutrient management rules for farms. Current rules are based on nitrogen, not phosphorus. This rule would incorporate updated federal standards based on nitrogen and phosphorus. Phosphorus is a key nonpoint source pollutant, and phosphorus levels in soil are increasing due to excessive phosphorus applications.
Current nutrient management rules apply to all farms, not just livestock operations. Current rules are scheduled to take effect in 2005 in some watersheds, and 2008 elsewhere. However, enforcement of current rules is contingent on cost-sharing (per current state law), so the availability of cost-share funding will limit actual implementation.
By adding a phosphorus standard to current nutrient management rules, this rule will increase compliance costs for farmers. This rule will have the greatest impact on livestock operators, who may incur additional costs related to the disposal of manure (which provides more phosphorus than nitrogen, compared to crop needs). However, this rule does not change current rule effective dates or cost-sharing requirements.
DATCP has general authority to adopt rules interpreting statutes under its jurisdiction (see s.
93.07 (1), Stats.). DATCP is specifically authorized to adopt farm conservation standards, including standards for nutrient management on farms (see ss.
92.05 (3) (k) and
281.16 (3) (b), Stats.).
Background
Under current DATCP rules (ch.
ATCP 50, Wis. Adm. Code), all farmers who apply manure or commercial fertilizer to cropland (not just livestock operators) must have nutrient management plans. This requirement takes effect on January 1, 2005 in certain watersheds and January 1, 2008 elsewhere. Under current rules, enforcement of nutrient management requirements is contingent on cost-sharing.
Under current DATCP nutrient management rules, a nutrient management plan must comply with all of the following requirements:
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It must be prepared or approved by a qualified nutrient management planner. A farmer may prepare his or her own plan if the farmer has completed a DATCP-approved training course within the preceding 4 years, or is otherwise qualified under current rules.
