Chapter ATCP 50

ATCP 50.69 ATCP 50.69 Critical area stabilization.

ATCP 50.69(1) (1) Definition. In this section, “critical area stabilization” means planting suitable vegetation on erodible areas such as steep slopes and gullies, so as to reduce soil erosion or pollution from agricultural nonpoint sources. “Critical area stabilization” may also include treating areas that drain into bedrock crevices, openings, or sinkholes.

ATCP 50.69(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the following critical area stabilization costs:

ATCP 50.69(2)(a) (a) Costs to purchase and install permanent fencing around the critical area.

ATCP 50.69(2)(b) (b) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

ATCP 50.69(2)(c) (c) Preparatory shaping and smoothing operations.

ATCP 50.69(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse for the costs of planting trees intended for commercial harvest.

ATCP 50.69(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse critical area stabilization costs unless all of the following conditions are met:

ATCP 50.69(4)(a) (a) The critical area stabilization complies with all of the following that apply:

ATCP 50.69(4)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.69(4)(a)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.69(4)(a)3. 3. NRCS conservation practice standard 386 field border (January, 2017).

ATCP 50.69(4)(a)4. 4. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.69(4)(a)5. 5. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.69(4)(a)6. 6. NRCS conservation practice standard 612 tree/shrub establishment (January, 2018).

ATCP 50.69(4)(a)7. 7. NRCS conservation practice standard 527 sinkhole treatment (September, 2021).

ATCP 50.69(4)(b) (b) The landowner agrees to maintain the critical area stabilization practice for 10 years unless farming operations on the affected land are discontinued or the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.

ATCP 50.69 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (a) 1., 2. and 4. to 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (4) (a) 1. to 7., (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (4) (a) 1., 3., 4., 5., 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (4) (a) 1 to 7. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.70 ATCP 50.70 Diversions.

ATCP 50.70(1) (1) Definition. In this section, “diversion” means a structure installed to divert excess surface runoff water to an area where it can be used, transported, or discharged without causing excessive soil erosion. A “diversion” can also be used to divert surface runoff water around farmsteads or agricultural waste systems to prevent water from becoming contaminated runoff, or both. “Diversion” includes a channel with a supporting earthen ridge on the lower side, installed across the slope with a self-discharging and non-erosive gradient.

ATCP 50.70(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to establish a diversion system:

ATCP 50.70(2)(a) (a) Costs to install a diversion, outlet, dike, or subsurface drain. Costs to install a subsurface drain may be reimbursed only if the drain is installed on sloping land where groundwater seeps to the surface and causes the land or land cover to lose its stability.

ATCP 50.70(2)(b) (b) Costs to install pipes, underground outlets, or other structures needed to deliver water to a ditch or dike, to promote a more even flow of water, or to protect outlets from erosion.

ATCP 50.70(2)(c) (c) Costs for leveling and filling needed to install an effective diversion system.

ATCP 50.70(2)(d) (d) Costs to remove obstructions, if necessary for the installation of an effective diversion system.

ATCP 50.70(2)(e) (e) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

ATCP 50.70(2)(f) (f) Fencing needed to protect a diversion from livestock.

ATCP 50.70(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not be used to install ditches or dikes that are designed to drain or impound water for later use, or that will be a part of a regular irrigation system.

ATCP 50.70(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish a diversion system unless all of the following conditions are met:

ATCP 50.70(4)(a) (a) The diversion includes an adequate outlet that prevents erosion.

ATCP 50.70(4)(b) (b) The diversion complies with all of the following that apply:

ATCP 50.70(4)(b)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.70(4)(b)2. 2. NRCS conservation practice standard 362 diversion (August, 2016).

ATCP 50.70(4)(b)3. 3. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.70(4)(b)4. 4. NRCS conservation practice standard 412 grassed waterway (August, 2021).

ATCP 50.70(4)(b)5. 5. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).

ATCP 50.70(4)(b)6. 6. NRCS conservation practice standard 500 obstruction removal (June, 2021).

ATCP 50.70(4)(b)7. 7. NRCS conservation practice standard 606 subsurface drain (June, 2021).

ATCP 50.70(4)(b)8. 8. NRCS conservation practice standard 620 underground outlet (June, 2021).

ATCP 50.70(4)(b)9. 9. NRCS conservation practice standard 645 upland wildlife habitat management (January, 2013).

ATCP 50.70(4)(c) (c) The landowner agrees to maintain the diversion for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.70 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (4) (b) 1. to 5., 7. and 9. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (4) (b) 1. to 9. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) (b) 3., 7., 8. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (4) (b) 1., 2., 4., 6. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (4) (b) 1. to 9. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.705 ATCP 50.705 Feed storage runoff control systems.

ATCP 50.705(1) (1) Definitions. In this section:

ATCP 50.705(1)(a) (a) “Feed storage area” means an area used to store livestock feed including corn silage, haylage, and industrial by-products including distillers grain, brewers grain, candy, pizza crust, bakery waste, cotton seed, soybean meal, animal fats, blood meal, fish meal, cannery waste, beet pulp, citrus pulp, soy hulls, corn middlings, whey, potatoes, and grocery store vegetables. The feed storage area includes the area up to the outside edge of the surface on which the feed is stored and any apron area.

ATCP 50.705(1)(b) (b) “Feed storage runoff control system” means a system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.

ATCP 50.705(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a feed storage runoff control system:

ATCP 50.705(2)(a) (a) Costs for diversion of clean water from the storage area.

ATCP 50.705(2)(b) (b) Costs for conduits, permanent pumps, and related equipment required to collect, transfer, and store discharges of leachate and contaminated runoff including subsurface and surface discharges.

ATCP 50.705(2)(c) (c) Costs for preparation of a site for a runoff treatment area and establishment of permanent vegetative cover.

ATCP 50.705(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a feed storage runoff control system:

ATCP 50.705(3)(a) (a) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.

ATCP 50.705(3)(b) (b) Buildings or modifications to buildings.

ATCP 50.705(3)(c) (c) Portable equipment to pump or spread feed storage runoff onto land or to incorporate those wastes into land.

ATCP 50.705(3)(d) (d) A non-permanent storage area allowed under NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.705(3)(e) (e) Areas used to store feeds considered dry, at 40% moisture or less, if the storage areas are protected from precipitation.

ATCP 50.705(4) (4) Feed storage runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a feed storage runoff control system if any of the following apply:

ATCP 50.705(4)(a) (a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.

ATCP 50.705(4)(b) (b) The landowner could have prevented the discharge of pollutants through improved management practices at nominal cost.

ATCP 50.705(4)(c) (c) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.

ATCP 50.705(4)(d) (d) The landowner could have prevented the discharge of pollutants by complying with an operation and maintenance plan previously agreed upon by the landowner and one of the following:

ATCP 50.705(4)(d)1. 1. The department.

ATCP 50.705(4)(d)2. 2. The county land conservation committee.

ATCP 50.705(4)(d)3. 3. DNR.

ATCP 50.705(4)(d)4. 4. NRCS.

ATCP 50.705(5) (5) Design, construction, and maintenance. A cost-share grant may not reimburse any costs related to a feed storage runoff control system unless all of the following conditions are met:

ATCP 50.705(5)(a) (a) The system complies with all of the following that apply:

ATCP 50.705(5)(a)1. 1. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.705(5)(a)2. 2. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.705(5)(a)3. 3. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.705(5)(a)4. 4. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).

ATCP 50.705(5)(a)5. 5. NRCS conservation practice standard 656 constructed wetland (December, 2016).

ATCP 50.705(5)(a)6. 6. NRCS conservation practice standard 590 nutrient management (December, 2015).

ATCP 50.705(5)(a)7. 7. NRCS conservation practice standard 362 diversion (August, 2016).

ATCP 50.705(5)(a)8. 8. Other standards specified by the department.

ATCP 50.705 Note Note: Additional regulatory requirements in s. NR 213 may apply for runoff control systems that store only feed storage area runoff. Section NR 213.13 may have additional requirements for sweet corn silage stacks of greater than 150 tons. Section ATCP 51.20 (3) may have additional requirements for livestock facilities required to obtain a siting permit.

ATCP 50.705(5)(b) (b) The landowner agrees to a 10 year maintenance period for a feed storage runoff control system, and a nutrient management plan, if runoff is collected from a feed storage area over 1 acre in size and the runoff is not transferred to a manure storage system. The maintenance period does not apply if the animal feeding operation is discontinued.

ATCP 50.705 History History: CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (d), (5) (a) 1. to 3. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (5) (a) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (5) (a) 5. to. 7. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (d), (5) (a) 1. to 7. Register May 2024 No. 821, eff. 6-1-24; correction in (5) (a) 5. made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.71 ATCP 50.71 Field windbreaks.

ATCP 50.71(1) (1) Definition. In this section, “field windbreak” means a strip or belt of trees, shrubs, or grasses established or renovated within or adjacent to a field, so as to control soil erosion by reducing wind velocities at the land surface.

ATCP 50.71(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of planting trees, shrubs, or grasses to protect farm fields from wind erosion.

ATCP 50.71(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse field windbreak costs unless all of the following conditions are met:

ATCP 50.71(3)(a) (a) The windbreak is protected from destructive grazing.

ATCP 50.71(3)(b) (b) The windbreak complies with all of the following that apply:

ATCP 50.71(3)(b)1. 1. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.71(3)(b)2. 2. NRCS conservation practice standard 380 windbreak-shelterbelt establishment and renovation (January, 2023).

ATCP 50.71(3)(b)3. 3. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.71(3)(b)4. 4. NRCS conservation practice standard 650 windbreak/shelterbelt renovation (January, 2013).

ATCP 50.71(3)(c) (c) The landowner agrees to maintain the windbreak for 10 years unless farming operations on the affected land are discontinued.