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.
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It must identify the lands on which the operator will apply manure and other nutrients.
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It must be based on soil tests that determine the nutrient needs of the affected cropland. A soil test laboratory, certified by DATCP, must conduct the soil tests.
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It may not call for nutrient applications in excess of amounts needed to achieve crop fertility levels recommended by the University of Wisconsin (there are limited exceptions).
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It must comply with nutrient management standards published by the Natural Resource Conservation Service of the United States Department of Agriculture (“NRCS").
Rule Content
This rule modifies current DATCP nutrient management rules as follows:
Updated Federal Standard
Current DATCP rules incorporate an outdated version (March, 1999) of the NRCS nutrient management standard. This rule incorporates an updated NRCS standard. A nutrient management plan (if required) must adhere to the following provisions in the new standard (many, but not all, of these provisions already apply under the current standard):
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The nutrient management plan must consider all primary nutrients – nitrogen, phosphorus, and potassium. The older NRCS standard focused on nitrogen rather than phosphorus and potassium. Phosphorus is a key nonpoint pollutant, and has been applied in excessive amounts (as reflected in rising average soil-test phosphorus levels in Wisconsin). The new standard will limit excessive phosphorus applications.
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Nutrient applications may not exceed the amounts needed to achieve soil fertility levels recommended by the University of Wisconsin for crops in the farmer's rotation (there are some exceptions). These recommendations are designed to achieve optimal economic returns for farmers. Phosphorus and potassium needs are generally determined over a crop rotation, so that some buildup of these nutrients is permitted in anticipation of future crop needs during the rotation.
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The nutrient management plan must consider all nutrient sources, including existing nutrients in the soil, manure applications, fertilizer applications, and nitrogen from legumes. The plan must account for relevant limitations on nutrient applications -- for example, on frozen land, near water bodies, or on highly eroding fields (see below).
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Nutrient calculations must take into account the amount and timing of nutrient applications from all sources.
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Soil tests must be used to determine existing soil fertility levels (soil tests must be not more than 4 years old).
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Nutrient management plans must be updated annually (to account for relevant changes in cropping patterns, land base, nutrient applications, soil test results, etc.). Each annual update must document and consider relevant cropping patterns and nutrient applications from the preceding year.
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Manure nutrient content may be determined by laboratory analysis or from standard “book values" specified in the NRCS standard. Labs performing manure analyses must meet standards specified in the rule.
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Nutrients may not run off the field during application.
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Nutrients may not be spread in certain areas, including the following:
- Fields eroding in excess of “T-value" levels (the standard specifies acceptable methods for calculating erosion rates).
- Surface water areas, or areas of established concentrated flow.
- Permanent non-harvested vegetative buffers or wetlands.
- Areas within 50 feet of drinking water wells.
- Areas within 200 feet up-slope of direct conduits to groundwater (such as wells, sinkholes, fractured bedrock, tile inlets or mine openings), unless the nutrients are effectively incorporated within 72 hours.
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Nutrients may not be applied to frozen or snow-covered land within 1,000 feet of a navigable lake or within 300 feet of a navigable stream.
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Liquid manure may not be applied to frozen or snow-covered land at a rate of more than 7,000 gallons per acre.
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Manure may not be applied to frozen or snow-covered land at a rate that provides more phosphorus than will be used by crops in the next growing season.
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Manure may not be applied to frozen or snow-covered land that has a slope greater than 9% (12% if contour-cropped).
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Commercial fertilizer may not be applied to frozen or snow-covered land, except on pasture or surfaces planted in winter grains.
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At least one of the following practices must be used when applying nutrients to unfrozen surfaces within 1,000 feet of a navigable lake or within 300 feet of a navigable stream:
- Install or maintain permanent vegetative buffers.
- Maintain 30% crop residue or vegetative cover on the soil surface after application.
- Incorporate nutrients within 72 hours, leaving adequate residue so that erosion does not exceed “T-value."
- Establish cover crops promptly following application.
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Liquid manure applications (less than 12% solids) to unfrozen land within 1,000 feet of a navigable lake or 300 feet of a navigable stream may not exceed rates specified in the rule.
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In order to minimize nitrogen loss to groundwater in certain sensitive areas, most crop nitrogen must be applied to those areas after the crop is established in the spring. This applies to areas with coarse soils, areas with less than 20 inches to bedrock or 12 inches to water table, and areas within 1000 feet of a municipal well.
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In order to minimize phosphorus losses to surface water, a farmer must use one of the following strategies (and establish perennial vegetative cover where there are recurring gullies):
- Maintain a phosphorus index, calculated according to the Wisconsin phosphorus index model, at or below a level of 6. Stop phosphorus applications to fields that exceed that index level, unless UW recommendations call for additional phosphorus applications (based on soil tests and crop needs).
