Chapter ATCP 50

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.

ATCP 50.71 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (b) 1. to 3. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (3) (b) 1. to 3., cr. (3) (b) 4. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 1. Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (3) (b) 2., 3. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (b) 1. to 4. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.72 ATCP 50.72 Filter strips.

ATCP 50.72(1) (1) Definition. In this section:

ATCP 50.72(1)(a) (a) “Filter strip” means an area of herbaceous vegetation that separates an environmentally sensitive area from cropland, grazing land, or disturbed land. “Filter strip” does not include a wastewater treatment strip.

ATCP 50.72(1)(b) (b) “Wastewater treatment strip” has the meaning given in s. ATCP 50.94 (1).

ATCP 50.72(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the following filter strip costs:

ATCP 50.72(2)(a) (a) Permanent fencing to protect the filter strip.

ATCP 50.72(2)(b) (b) Costs to establish permanent vegetative cover in the filter strip, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

ATCP 50.72(2)(c) (c) Costs to shape, smooth, or prepare the filter strip before establishing a permanent vegetative cover.

ATCP 50.72(3) (3) Design, construction, and maintenance standards. A cost-share grant under s. ATCP 50.40 may not reimburse filter strip costs unless all of the following conditions are met:

ATCP 50.72(3)(a) (a) The filter strip complies with all of the following that apply:

ATCP 50.72(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.72(3)(a)2. 2. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.72(3)(a)3. 3. NRCS conservation practice standard 386 field border (January, 2017).

ATCP 50.72(3)(a)4. 4. NRCS conservation practice standard 393 filter strip (January, 2017).

ATCP 50.72(3)(a)5. 5. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.72(3)(a)6. 6. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.72(3)(a)7. 7. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).

ATCP 50.72(3)(b) (b) The landowner agrees to maintain the filter strip for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.72 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1., 2., 5. and 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 3., 5. to 7. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 4. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1., 3. to 6. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (a) 1. to 7. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.73 ATCP 50.73 Grade stabilization structures.

ATCP 50.73(1) (1) Definition. In this section, “grade stabilization structure” means a structure which stabilizes the grade in a channel in order to protect the channel from erosion, or to prevent gullies from forming or advancing. A “grade stabilization structure” may include any of the following:

ATCP 50.73(1)(a) (a) Detention or retention structures such as dams, desilting reservoirs, sediment basins, and debris basins.

ATCP 50.73(1)(b) (b) Related structures such as channel linings, chutes, drop spillways, or pipe drops.

ATCP 50.73(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following:

ATCP 50.73(2)(a) (a) Costs to design, construct, repair, or modify a grade stabilization structure.

ATCP 50.73(2)(b) (b) Costs for leveling and filling needed to install the structure.

ATCP 50.73(2)(c) (c) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, seed, and other necessary materials.

ATCP 50.73(2)(d) (d) Costs for fencing to protect the structure.

ATCP 50.73(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any cost related to a grade stabilization structure unless all of the following conditions are met:

ATCP 50.73(3)(a) (a) The department pre-approves the structure in writing if the embankment structural height is 15 to 25 feet, or the maximum storage capacity is 15 to 50 acre-feet.

ATCP 50.73(3)(b) (b) The structural height does not exceed 25 feet, and the maximum storage capacity does not exceed 50 acre-feet.

ATCP 50.73(3)(c) (c) DNR is notified and given the opportunity to conduct a feasibility study if the structure is adjacent to a navigable stream or a stream supporting a fishery.

ATCP 50.73(3)(d) (d) The structure complies with all of the following that apply:

ATCP 50.73(3)(d)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.73(3)(d)2. 2. NRCS conservation practice standard 350 sediment basin (August, 2016).

ATCP 50.73(3)(d)3. 3. NRCS conservation practice standard 362 diversion (August, 2016).

ATCP 50.73(3)(d)4. 4. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.73(3)(d)5. 5. NRCS conservation practice standard 500 obstruction removal (June, 2021).

ATCP 50.73(3)(d)6. 6. NRCS conservation practice standard 410 grade stabilization structure (August, 2021).

ATCP 50.73(3)(d)7. 7. NRCS conservation practice standard 412 grassed waterway (August, 2021).