Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Rule No.: | Ch. ATCP 50, Wis. Admin. Code (Existing) |
Relating to: | SOIL AND WATER RESOURCE MANAGEMENT PROGRAM |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
Objective No. 1 – Implementation of the Silurian Bedrock Agricultural Performance Standard
The first objective of the rule revision is to consider options to implement the Silurian bedrock agricultural performance standards promulgated in 2018 by the Wisconsin Department of Natural Resources (DNR) in s. NR 151.075, Wis. Admin. Code, as authorized under s. 281.16(3), Wis. Stats. The DNR and the Department of Agriculture, Trade and Consumer Protection (department) have distinct responsibilities in this rulemaking process. Under state law, the DNR establishes the agricultural performance standards and prohibitions necessary to limit nonpoint sources of pollution. The department, in turn, is expressly charged with prescribing conservation practices to implement the performance standards and prohibitions established by DNR in NR 151... Implementation considerations for the Silurian bedrock agricultural performance standard, NR 15.075, may include identifying or prescribing conservation practices to meet performance standards and prohibitions developed by DNR as required under s. 281.16(3)(b). The department is also expressly charged with developing and disseminating technical standards to implement the NR 151 performance standards and prohibitions. Specific technical standards, including DATCP 01 Verification of Depth to Bedrock, are expressly excluded from the definition of a rule under s. 227.01(13)(ys), but may be incorporated into rule by reference through the rulemaking process. The proposed rule may also consider any applicable cost-sharing criteria for the practice standards and related technical standards.
This scope statement is not related to creation of a targeted agricultural performance standard for nitrates.
Objective No. 2 – Update, simplify, and clarify existing rule provisions
The second objective of the rule revision is to assess options to update, simplify, supplement, and clarify existing rule provisions related to implementing existing agricultural performance standards, soil and water conservation on farms, county soil and water programs, grants to counties and cost-sharing for landowners, standards for soil and water professionals, and standards for cost-shared practices. The proposed rule may seek to do the following:
-Update language to simplify, fix errors, or reflect current practice
-Update definitions
-Update requirements for implementing farm conservation practices
-Update rates, landowner costs and other requirements related to cost-sharing for landowners
-Update or clarify cost-share eligibility from sources under s. 92.14 or any other source -Update eligible costs for cost-share practices
-Add new cost-share practices
-Add new provisions related to statutory changes in grant and technical assistance programs and processes
-Adjust application requirements
-Adjust the requirements for the use of extended cost-share for landowners
-Update grant priorities to meet program goals and address statewide natural resource issues
-Update or clarify eligibility for and eligible use of grant funds
-Update standards for cost-share practices for consistency with current United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) technical guide standards
-Clarify and update requirements and eligibility related to engineering certification and nutrient management planners
-Clarify or revise compliance provisions related to the Farmland Preservation Program (FPP)
-Establish a process for developing a technical standard
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The existing provisions in ch. ATCP 50, Wis. Admin. Code establish farm conservation practices to meet agricultural performance standards established in ch. NR 151, Wis. Admin. Code. The rule lays out eligibility and requirements for grants to support county land and water programs and cost-sharing for landowners. The rule identifies the conservation practice standards available to implement farm conservation practices. The proposed rule may consider alternatives for technical and practice standards and the associated cost-sharing provisions available to farmers and other landowners to implement the Silurian bedrock agricultural performance standard.
The proposed rule also may examine existing policies in ch. ATCP 50, Wis. Admin. Code related to county soil and water programs. Potential updates will consider changes to grant requirements and priorities and may clarify and simplify contracting processes through local conservation programs. Possible rule changes may also clarify eligibility for and use of grant funding by entities other than county soil and water programs. The proposed rule may include changes to rates, eligible costs and other requirements associated with identified standards for cost-shared practices. Updates may adjust requirements for implementing farm conservation practices and clarify cost-share eligibility based upon funding source.
