CR 23-024 With Germane Modifications

Iowa

Iowa nutrient management planning includes a nitrogen leaching index and, like Wisconsin, includes restrictions on manure applications near surface water, groundwater conduits, and frozen soil. Iowa requires 200 ft. setbacks from sinkholes and wells when manure is not incorporated and 0 ft. setback when manure is incorporated. There are no specific requirements for spreading manure over shallow bedrock soils in Iowa.

While Iowa operates a county-based statewide farmland preservation program in which landowners may restrict the use of their land to agricultural or related uses in exchange for tax credits, the program does not include conservation compliance requirements.

The Iowa Department of Agriculture and Land Stewardship offers both cost-sharing and incentive payment programs. Cost-sharing usually cannot exceed 50%, and they have an active watershed program similar to Wisconsin’s old priority watershed program. Iowa also offers a revolving loan fund to fund conservation activities.

Michigan

Michigan’s Generally Accepted Agricultural Management Practices (GAAMP) provide general recommendations to keep manure within the root zone of plants. GAAMPs have no specific manure setback recommendations from direct conduits (wells, sinkholes) and no recommendations for spreading manure in shallow bedrock soils.

While Michigan has a statewide farmland preservation program in which landowners may restrict the use of their land to agricultural or related uses in exchange for tax credits, the program does not include conservation compliance requirements.

The Michigan Department of Agriculture and Rural Development offers all 75 conservation districts base funding with the Michigan Agricultural Environmental Assurance Program (MAEAP). Cost-sharing is also available for MAEAP verification.

Minnesota

Minnesota has no specific requirements for manure applications on shallow soils over fractured bedrock. Minnesota recommends at least 2 ft. of soil between manure and fractured bedrock and avoid fall applications of manure (N loss).

While Minnesota has a statewide farmland preservation program in which landowners may restrict the use of their land to agricultural or related uses in exchange for tax credits, the program does not include conservation compliance requirements.

The Minnesota Department of Agriculture (MDA) offers grants via their Clean Water Fund, Agricultural Water Quality Certification Program (MAWQCP), and Revolving Loan Fund for Best Management Practices. The MDA received $21.7 million from the Clean Water Fund in 2020-2021 and the legislature appropriated $20.24 million of Clean Water Funds for the MDA in 2022-2023. The MDA is using Clean Water Fund dollars to support a variety of programs, projects, and activities.

Summary of Factual Data and Analytical Methodologies

After the DNR passed s. NR 151.075 in 2018, the department published DATCP 01 - Verification of Depth to Bedrock Technical Standard in February 2020. The technical standard was developed through the Standard Oversight Council using the council’s standard development process.

To develop this rule, the department held multiple listening sessions and stakeholder meetings with a variety of stakeholders including farm groups, environmental groups, and government entities such as county land and water conservation departments and staff from other state agencies. The meetings allowed the department to gather input and incorporate that input into the rule.

Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis

The department has prepared a preliminary draft Economic Impact Analysis that includes cost estimates based on available cost data.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

The department’s draft Economic Impact Analysis includes information on the effect of the rule on small business. The department considered how the impact on small business could be reduced. The proposed rules allow flexibility for farmers and options for achieving compliance with the Silurian bedrock performance standards. Additional opportunities are created through an expanded use of grant funds for financial assistance and the addition of conservation practices available for financial assistance.

The Department’s Regulatory Review Coordinator may be contacted by:

Email at [e-mail]

Telephone at [phone]

The Regulatory Flexibility Analysis is attached.

Department Contact Person

Kelly Martinson

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[phone]

[e-mail]

Place Where Comments are to Be Submitted and Deadline for Submission:

Comments may be addressed to:

Kelly Martinson

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[e-mail]

_____________________________________________________________________________________

RULE TEXT

Section 1. ATCP 50.01 (2) and (2m) are amended to read:

ATCP 50.01 (2) “Conservation practice” means a facility or practice that is designed to prevent or reduce soil erosion, prevent or reduce non- point source water pollution, or achieve or maintain compliance with soil and water conservation standards. “Conservation practice” includes a nutrient management plan and DATCP 01 Verification of Depth to Bedrock.

(2m) “Contaminated runoff” means drainage that has come through or across a feed storage or manure storage area runoff, as defined in s. NR 151.002 (40), that comes into contact with feed or manure. “Contaminated runoff” includes the liquid and any sediment, manure, feed, or other material carried in the liquid.

Section 2. ATCP 50.01 (2m) (Note) is repealed.

Section 3. ATCP 50.01 (4) is amended to read:

ATCP 50.01 (4) “Cost−share grant” is a means a grant that reimburses to reimburse a landowner for all or part of the cost to install or maintain a conservation practice identified in the grant.

Section 4. ATCP 50.01 (4m) is created to read:

ATCP 50.01 (4m) “Cost-sharing" means the action of financing a conservation practice by means of a cost-share grant.

Section 5. ATCP 50.01 (10g), (10r), and (13m) are created to read:

ATCP 50.01 (10g) “Financial Assistance" means funding in the form of a cost-share grant, incentives, performance payments or other payments that are provided to a landowner to adopt or install conservation practices.

(10r) “Incentive” means a form of a flat-rate payment or stipend made to a landowner to install conservation practices.

(13m) “Land conservation committee” means a committee created by a county board the meets the requirements in s. 92.06, Stats.

Section 6. ATCP 50.01 (24) (Note) and (25) (Note) are repealed.

Section 7. ATCP 50.01 (27) and (Note) are amended to read:

ATCP 50.01 (27) “NRCS technical guideconservation practice standard" means the standard found in the Wisconsin NRCS field office technical guide, unless otherwise specified.

Note: Copies of the NRCS technical guide conservation practice standards are on file with the department and the legislative reference bureau. Copies of individual standards contained in the NRCS technical guide may be obtained from a county land conservation department, an NRCS field office, the national NRCS website at: http://www.nrcs.usda.gov/, or the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov, or the national NRCS website at: http://www.nrcs.udsa.gov/.

Section 8. ATCP 50.01 (28) (intro.) and (Note) is consolidated, renumbered ATCP 50.01 (28), and amended to read:

(28) “Nutrient management plan" means any of the following: