Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
Section 147. ATCP 50.61 (title) and (1) is amended to read:
ATCP 50.61 General standards for cost-shared practices receiving financial assistance; pre-approval of cost-shared practices.
ATCP 50.61 (1) Cost Shared Practices Must Comply. Except as authorized under sub. (3), cost-shared conservation practices under this chapter practice standards and any other standards under this chapter, including any secondary standards incorporated by reference in those standards shall comply with applicable standards under this subchapter.
Section 148. ATCP 50.61 (2) (Note) is repealed.
Section 149. ATCP 50.61 (3) (intro.), (a), and (b) are amended to read:
ATCP 50.61 (3) Voluntary use of updated technical standards. The department may authorize a county to provide a cost-share grant financial assistance for a conservation practice to be implemented under the updated version of a technical or conservation practice standard listed in this subchapter. The county may provide a cost-share grant financial assistance for the conservation practice using the updated technical standard if all of the following apply:
(a) The updated technical standard provides conservation benefits at least as beneficial as the version listed in this subchapter.
(b) The updated technical standard has been adopted by NRCS, DNR, the department, or the applicable technical standards entity listed in this subchapter.
Section 150. ATCP 50.61 (4) (c) (Note) is repealed.
Section 151. ATCP 50.618 is created to read:
ATCP 50.618: Technical standards development process.
(a)
The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed. (b)
The department may decide that the following is necessary to implement a performance standard: 1.
Develop a new technical standard for which the department will be the custodian. 2.
Revise an existing technical standard for which the department is the custodian. (c)
The department shall use the process used by the standards oversight council, or other inter-disciplinary team, when it acts to develop or revise technical standards for which it is the custodian. The process shall include the following: 1.
The department shall convene a work group that includes agencies and persons with technical expertise and direct policy interest. 2.
The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department. 3.
The work group shall provide a recommended technical standard to the department. (d)
Review and approval of technical standards. 4.
Upon receipt of a recommended technical standard or technical standard revision, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards under s. 281.16 (3) (a), Stats. 5.
If the department determines that a recommended technical standard will not adequately or effectively implement a performance standard under s. 281.16 (3) (a), Stats., the recommended technical standard may not be used to implement a performance standard in whole or in part. Section 152. ATCP 50.62 (3) (d) is amended to read:
ATCP 50.62 (3) (d) Any manure storage system costs related to an animal feeding operation if all of the manure from that operation could be applied to land according to the NRCS technical guide conservation practice standard 590 nutrient management standard 590 (December, 2015) without causing or aggravating nonattainment of water quality standards.
Section 153. ATCP 50.62 (3) (d) (Note) is repealed.
Section 154. ATCP 50.62 (5) (e) 1., 2., 3., 4., 5., 6. 7. and 8 are amended to read:
ATCP 50.62 (5) (e) The system complies with all of the following that apply:
1. NRCS technical guide conservation practice standard 313 waste storage facility standard 313 (January, 2014October, 2017).
2. NRCS technical guide conservation practice standard 634 waste transfer standard 634 (January, 2014 November, 2022).
3. NRCS technical guide conservation practice standard 351 well decommissioning standard 351 (October, 2014 August, 2021).
4. NRCS technical guide conservation practice standard 382 fence standard 382 (January, 2014).
5. NRCS technical guide conservation practice standard 561 heavy use area protection standard 561 (August, 2015 November 2022).
6. NRCS technical guide conservation practice standard 520 pond sealing or lining — flexible membrane standard 521A compacted soil treatment (September, 2012 October, 2017).
7. NRCS technical guide conservation practice standard 521 pond sealing or lining — bentonite sealant standard 521C geomembrane or geosynthetic clay liner (January, 2011 October, 2017).
8. NRCS technical guide conservation practice standard 522 pond sealing or lining — compacted clay treatment standard 521D concrete (September, 2012 June, 2021).
Section 155. ATCP 50.62 (5) (em) 1. is amended to read:
ATCP 50.62 (em) 1. The landowner is responsible, at his or her the landowner’s own cost, for construction of any additional storage necessary to maintain the same number of days of storage capacity if the landowner's nutrient management plan cannot be modified to allow for land spreading of the additional manure from the expanded livestock operation.
Section 156. ATCP 50.62 (f) (Note) is repealed.
Section 157. ATCP 50.62 (5) (f) 1. and 2. are created to read:
ATCP 50.62 (5) (f) 1. The landowner must provide to the county a completed nutrient management checklist to receive cost−share payment for this practice
2. The landowner must provide an updated checklist for each year of the maintenance period.
Section 158. ATCP 50.63 (5) is amended to read:
ATCP 50.63 (5) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs related to the closure of a manure storage system unless the closure plan complies with NRCS conservation practice standard 360 waste facility closure standard 360 (March, 2013 June, 2021). Section 159. ATCP 50.64 (1) (e) is amended to read:
ATCP 50.64 (1) (e) Heavy use area protection described in NRCS technical guide conservation practice standard 561 heavy use area protection standard 561 (August, 2015 November, 2022).
Section 160. ATCP 50.64 (1) (v) (Note) is repealed.
Section 161. ATCP 50.64 (5) (a) is amended to read:
ATCP 50.64 (5) (a) The system complies with applicable design, construction, and maintenance standards under this subchapter and NRCS technical guide conservation practice standard 561 heavy use area protection standard 561 (August, 2015 November, 2022).
Section 162. ATCP 50.64 (5) (c) (Note) is repealed.
Section 163. ATCP 50.64 (5) (d) is created to read:
ATCP 50.64 (5) (d) The system complies with one or more of the practices listed in sub. (1) as appropriate. Standards for the listed practices are contained in other sections of this subchapter.
Section 164. ATCP 50.65 (3) (a) 1. and 2. are amended to read:
ATCP 50.65 (3) (a) 1. NRCS technical guide conservation practice standard 560 access road standard 560 (October, 2014 August, 2021).
2. NRCS technical guide conservation practice standard 580 streambank and shoreline protection standard 580 (August, 2013 September, 2021).
Section 165. ATCP 50.65 (3) (a) (Note) is repealed.
Section 166. ATCP 50.65 (3) (a) 3. is created to read:
ATCP 50.65 (3) (a) 3. Section ATCP 50.885 when an access road crosses a stream. Section 167. ATCP 50.66 (3) (a) 1., 2., and 3. are amended to read:
ATCP 50.66 (3) (a) 1. NRCS technical guide conservation practice standard 575 trails and walkways standard 575 (April, 2016 August, 2021).
2. NRCS technical guide conservation practice standard 580 streambank and shoreline protection standard 580 (August, 2013 September, 2021).
3. NRCS technical guide conservation practice standard 382 fence standard 382 (January, 2014).
Section 168. ATCP 50.66 (3) (a) (Note) is repealed.
Section 169. ATCP 50.66 (3) (a) 4. is created to read:
ATCP 50.66 (3) (a) 4. Section ATCP 50.885 when a trail or walkway crosses a stream. Section 170. ATCP 50.663 is created to read:
ATCP 50.663 Conservation cover.
(1) Definition. In this section, “conservation cover” refers to the establishment and maintenance of permanent vegetative cover in an agricultural setting to reduce erosion and sedimentation, improve water quality, and improve soil health.
(2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs: (a) The cost of fencing to protect the planted vegetation.
(b) The cost to establish and manage conservation cover, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.
(c) The cost to shape, smooth, or prepare the site before establishing vegetative cover.
(3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following for conservation cover: (a) Critical area plantings.
(b) Whole-field conversion.
(c) Pasture plantings.
(4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse conservation cover costs unless all of the following conditions are met: (a) The conservation cover practices comply with all of the following that apply:
1. NRCS conservation practice standard 327 conservation cover (January, 2013).
2. NRCS conservation practice standard 472 access control (January, 2018).
3. NRCS conservation practice standard 382 fence (January, 2014).
4. NRCS conservation practice standard 315 herbaceous weed treatment (June 2016).
(b) Following establishment of vegetative cover, management of cover complies with all of the following that apply:
1. NRCS conservation practice standard prescribed burning 338 (March 2016).
2. NRCS conservation practice standard brush management 314 (April 2017).
3. NRCS conservation practice standard prescribed grazing standard 528 (April, 2017).
4. Guidelines specified in "Pastures for Profit: A Guide to Rotational Grazing," published by the University of Wisconsin Extension (2014).
