Reporting and recordkeeping requirements of the NRCS nutrient management standard are stated above in the Rule Content section. Current DATCP rules incorporate an outdated version (March, 1999) of the NRCS nutrient management standard.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).
The updated NRCS standard requires field features to be identified on maps or aerial photos in the plan. These features include field boundary, soil type, field identification, areas prohibited from receiving nutrients such as surface water, grassed waterways, sinkholes, land where vegetation is not removed, areas within 50 feet of a potable drinking well, and fields eroding at a rate exceeding tolerable soil loss (T). Other field features to be identified on maps are areas restricted from receiving winter nutrient applications. These areas are slopes greater than 12% and slopes greater than 9% that are not contoured, surface water quality management areas (land within 1,000 feet of lakes and ponds or within 300 feet of perennial streams), and areas within 200 feet upslope of direct conduits to groundwater.
All farmers required to have a nutrient management plan, will need to maintain planned and applied records for each fields nutrient application rates, timing, and methods of all forms of N, P, and K listed in the plan and consistent with UW Publication A 2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops, and the 590 standard. This procedure is already required under the current rule.
A single phosphorus assessment of either the Phosphorus Index or soil test phosphorus management strategy must be uniformly applied to all fields within a tract.
Professional Skills Required to Comply
The proposed changes affect how nutrients, particularly phosphorus can be applied to fields. This rule may require moving manure to fields testing lower in phosphorus. However, phosphorus applications can still occur on fields testing excessively high for phosphorus if they are 25% less than the crop rotation's phosphorus removal over a 4 year period. Because nutrient management planning involves crop rotations, crop nutrient removal, and the predicted soil erosion levels of these crop rotations, nutrient management planners need an understanding of conservation planning and soil fertility management.
While anyone can develop nutrient management plans if they are knowledgeable, adoption of nutrient management planning on individual farms will in some cases require assistance. Training for producers, agronomists, and conservation staff has been provided by University of Wisconsin Extension personnel and agency staff in the past. In recent years, many farmers have been using crop consultants to plan and recommend nutrient applications. The department anticipates these information sources will continue to be used as the primary sources of information for crop producers.
Notice of Hearings
Agriculture, Trade and Consumer Protection
(reprinted from 2/15/05 Register)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") announces that it will hold public hearings on a proposed rule (ATCP 51) to implement Wisconsin's Livestock Facility Siting Law (s.
93.90, Stats.). DATCP will hold the hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on this proposed rule. DATCP will manage oral testimony to ensure that everyone has an opportunity to speak.
DATCP will hold these hearings in conjunction with hearings on another rule (ATCP 50), relating to nutrient management. This livestock siting rule (ATCP 51) incorporates the same nutrient management standards proposed in that other rule. DATCP has issued a separate notice of hearing on the nutrient management 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 Dilip Patel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708. Written comments can be submitted via email to
Dilip.Patel@datcp.state.wi.us.
You may obtain a free copy of the proposed rule, and supporting documents such 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) 224-4608 or 224-4610 or emailing
Dilip.Patel@datcp.state.wi.us or
Richard.Castelnuovo@datcp.state.wi.us. Copies will also be available at the hearings. To view this 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 Dilip Patel, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4610. 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 Resort
643 Illinois Avenue
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 Dr.
Hwy 14 East & Veterans Dr.
Richland Center, 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 Street
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 Drive
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 West Clairemont Avenue
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
Wisconsin's Livestock Facility Siting Law (s.
93.90, Stats.) is designed to facilitate the siting of new and expanded livestock facilities in Wisconsin. The law establishes a general statewide framework for local approval of new or expanded livestock facilities. The Wisconsin Department of Agriculture, Trade and Consumer Protection proposes this rule to implement the Livestock Facility Siting Law.
Summary of Rule Contents
Livestock Facilities Covered by This Rule
This rule applies only to new or expanded livestock facilities that require local approval, and only if those facilities will have 500 or more “animal units" (or will exceed a lower threshold incorporated in a local zoning ordinance prior to July 19, 2003). DATCP estimates that this rule will apply to approximately 50-70 local siting applications each year.
This rule applies only to facilities that keep
cattle, swine, poultry, sheep or goats. This rule does not apply to facilities that keep only horses, farm-raised deer, fish, captive game birds, ratites (such as ostriches or emus), camelids (such as llamas or alpacas) or mink.
Application for Local Approval
To obtain local approval, a livestock operator must complete the application form and worksheets attached to this rule. The application form and
worksheets elicit key information to show compliance with the siting standards in this rule.
If an application contains the information required by this rule, the local government must approve the proposed livestock facility unless the local government finds, based on other clear and convincing evidence in the local record, that the facility fails to meet the siting standards in this rule. By spelling out clear application requirements and approval standards, this rule adds certainty to the application and decision-making process.
An application for local approval must include all of the following:
•
Applicant information.
•
A description of the proposed livestock facility, including the types of livestock and the number of “animal units" for which the applicant seeks approval. The applicant must calculate animal units according to an animal units worksheet (worksheet 1). The application must show the maximum number of “animal units" the applicant proposes to keep on at least 90 days during any 12-month period. If the local government approves the proposed livestock facility, this is the number of “animal units" approved (the operator may not exceed this number without further approval).
•
An area map. The area map must show a 2-mile radius around the proposed facility (with topographic lines at 10-foot elevation intervals). The map must show relevant features, including current and proposed livestock structures.
•
A site map. The site map must show a 1,000 foot radius around the proposed facility (with topographic lines at 2-foot elevation intervals for the area within 300 feet of livestock structures). The map must show relevant features, including current and proposed livestock structures. The applicant must certify that livestock structures will comply with applicable property line and water quality setbacks in this rule.
•
The following worksheets:
- Animal units (worksheet 1).
- Odor management (worksheet 2).
- Waste and nutrient management (worksheet 3).
- Waste storage facilities (worksheet 4).
- Runoff management (worksheet 5).
- Mortality management (worksheet 6).
An applicant who holds a WPDES permit from DNR for the same proposed livestock facility (and the same or greater number of animal units) is not required to submit worksheets 3, 4 and 5, but must submit worksheets 1, 2 and 6.
The application form includes a notice of other laws that may apply to livestock operations. The notice makes the applicant aware of these laws. But except as specifically provided in this rule, the listed laws are not used as standards for local siting decisions (other compliance and enforcement mechanisms apply).
A local government may not alter the application form (except for limited purposes specified in this rule). A local government may charge a reasonable application fee, not to exceed $500, to offset its costs to review and process the application. A local government may not charge any other fee, or require the applicant to post any bond or security with the local government.
Property Line Setbacks
New livestock structures, and livestock structures enlarged by more than 20%, must comply with property line setbacks under this rule. The following setbacks apply, unless a local ordinance specifies shorter setbacks:
•
The structures must be located at least 100 feet from property lines and roads.
•
The structures must be located at least 200 feet from property lines other than roads, and 150 feet from roads, if the livestock facility will have 1,000 or more animal units.
Water Quality Setbacks
This rule does not create new water quality setbacks, but requires compliance with applicable shoreland zoning ordinances, floodplain zoning ordinances and well code.
Odor Management; Livestock Structures
