Chapter ATCP 50

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).

ATCP 50.73(3)(d)8. 8. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).

ATCP 50.73(3)(d)9. 9. NRCS conservation practice standard 484 mulching (June, 2016).

ATCP 50.73(3)(d)10. 10. NRCS conservation practice standard 606 subsurface drain (June, 2021).

ATCP 50.73(3)(d)11. 11. NRCS conservation practice standard 620 underground outlet (June, 2021).

ATCP 50.73(3)(d)12. 12. NRCS conservation practice standard 638 water and sediment control basin (January, 2018).

ATCP 50.73(3)(e) (e) The landowner agrees to maintain the grade stabilization structure for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.73 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (d) 1. to 4. and 7. to 10. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (d) 1. to 12. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (d) 2., 4., 10., 11. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (d) 7. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (d) 1. to 3., 5. to 7., 9., 12. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (3) (d) 1. to 12. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.733 ATCP 50.733 Habitat diversification.

ATCP 50.733(1) (1) Definition. In this section, “habitat diversification” refers to the establishment and maintenance of native vegetative cover in an agricultural setting to provide habitat for wildlife and pollinator species.

ATCP 50.733 Note Note: Habitat diversification practices convert small areas of agricultural fields to native stands of vegetation that augment normal agricultural operations; for example, establishing prairies strips within an agricultural field, or converting a small unproductive portion of an agricultural field to native pollinator habitat. While wildlife and pollinator habitat is the primary resource concern, the intention of these practices is to also provide water quality, soil health, and air quality benefits.

ATCP 50.733(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:

ATCP 50.733(2)(a) (a) The cost of fencing to protect the planted native vegetation.

ATCP 50.733(2)(b) (b) The cost to establish and manage vegetative cover, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.

ATCP 50.733(2)(c) (c) The cost to shape, smooth, or prepare the site before establishing native vegetative cover.

ATCP 50.733(3) (3) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following for habitat diversification:

ATCP 50.733(3)(a) (a) Plantings that include introduced species.

ATCP 50.733(3)(b) (b) Whole-field conversion.

ATCP 50.733(3)(c) (c) Fertilizing grass plantings.

ATCP 50.733(3)(d) (d) Pasture plantings.

ATCP 50.733(4) (4) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse habitat diversification costs unless all of the following conditions are met:

ATCP 50.733(4)(a) (a) The habitat diversification practices comply with all of the following that apply:

ATCP 50.733(4)(a)1. 1. NRCS conservation practice standard 420 wildlife habitat planting (June, 2020).

ATCP 50.733(4)(a)2. 2. NRCS conservation practice standard 386 field borders (January, 2017), which must include the additional criteria to provide wildlife food and cover and pollinator or other beneficial organisms and the considerations to enhance wildlife, or pollinator value, or both.

ATCP 50.733(4)(a)3. 3. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.733(4)(a)4. 4. NRCS conservation practice standard 393 filter strips (January, 2017), which must include the considerations for creating, restoring, or enhancing herbaceous habitat for wildlife and beneficial insects and pollinators.

ATCP 50.733(4)(a)5. 5. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.733(4)(a)6. 6. NRCS Wisconsin agronomy technical note 5 establishing and maintaining native grasses, forbs and legumes (April, 2013).

ATCP 50.733(4)(a)7. 7. NRCS Wisconsin guidance document 420 habitat development for pollinators and butterflies (August, 2022).

ATCP 50.733(4)(b) (b) Following establishment of native vegetative cover, management of habitat complies with all of the following that apply:

ATCP 50.733(4)(b)1. 1. NRCS conservation practice standard 338 prescribed burning (March, 2016).

ATCP 50.733(4)(b)2. 2. NRCS conservation practice standard 314 brush management (April, 2017).

ATCP 50.733(4)(b)3. 3. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).

ATCP 50.733(4)(c) (c) The landowner agrees to maintain the native vegetation for 10 years.

ATCP 50.733 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (4) (b) 3. made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.738 ATCP 50.738 Harvestable buffers.

ATCP 50.738(1) (1) Definition. In this section, “harvestable buffers” refers to the establishment of grass strips that can be harvested for livestock forage and that are intended to reduce agricultural runoff from entering an adjacent waterbody.

ATCP 50.738(2) (2) Eligibility requirements. To qualify for financial assistance under s. ATCP 50.41, all of the following eligibility criteria must be met:

ATCP 50.738(2)(a) (a) The site is not eligible for the Conservation Reserve Enhancement Program.

ATCP 50.738(2)(b) (b) The buffer must be adjacent to an eligible waterbody. Eligible waterbodies include perennial and seasonal streams, creeks and ditches; lakes and ponds; wetlands; and sink holes. Gullies or areas where water runs only after precipitation are ineligible.

ATCP 50.738(2)(c) (c) Must address a water quality resource concern.

ATCP 50.738(2)(d) (d) The site has been in agricultural production for 4 out of the previous 6 years.

ATCP 50.738(2)(e) (e) The planned buffer is at least 30-feet wide and no more than 150-feet wide.

ATCP 50.738(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:

ATCP 50.738(3)(a) (a) The cost of fencing to protect the planted vegetation.

ATCP 50.738(3)(b) (b) The cost to establish the harvestable buffer, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.

ATCP 50.738(3)(c) (c) The cost to shape, smooth, or prepare the site before establishing vegetative cover.

ATCP 50.738(4) (4) Design, construction, and maintenance. Financial assistance under s. ATCP 50.41 may not be provided for harvestable buffers unless all of the following conditions are met: