Chapter ATCP 50

ATCP 50.785 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.79 ATCP 50.79 Pesticide management.

ATCP 50.79(1) (1) Definition. In this section, “pesticide management” means controlling the storage, handling, use, and disposal of pesticides used in crop production in order to minimize contamination of water, air, and nontarget organisms.

ATCP 50.79(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for pesticide management described in a pesticide management plan, if required, or described in the plan for the design of a pesticide structure. A cost-share grant may reimburse any of the following costs related to pesticide management:

ATCP 50.79(2)(a) (a) Costs for integrated pest management field scouting.

ATCP 50.79(2)(b) (b) Costs to develop or revise a pesticide management plan.

ATCP 50.79(2)(c) (c) Costs for spill control facilities, including any of the following facilities that are needed:

ATCP 50.79(2)(c)1. 1. A liquid-tight, reinforced concrete pad for a pesticide mixing area.

ATCP 50.79(2)(c)2. 2. Water-tight walls or perimeter flow diversion structures to convey spills or contaminated water from a pesticide mixing area to a sump.

ATCP 50.79(2)(c)3. 3. Perimeter flow diversion structures needed to convey surface water away from a pesticide mixing area.

ATCP 50.79(2)(c)4. 4. A shallow sump collection area capable of storing spills, rinsate, washwater, and precipitation that may leak or fall on a pesticide mixing pad.

ATCP 50.79(2)(c)5. 5. Roof structures and walls to protect a pesticide mixing area.

ATCP 50.79(2)(c)6. 6. Pesticide mixing area approach ramps.

ATCP 50.79(2)(c)7. 7. Water supply systems needed for a pesticide mixing area.

ATCP 50.79(2)(c)8. 8. Sump pump alarm and recovery systems for a pesticide mixing area.

ATCP 50.79(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse pesticide management costs under this section unless all of the following conditions are met:

ATCP 50.79(3)(a) (a) The cost-shared practice complies with all of the following that apply:

ATCP 50.79(3)(a)1. 1. NRCS conservation practice standard 595 pest management conservation system (January, 2022).

ATCP 50.79(3)(a)1m. 1m. NRCS conservation practice standard 309 agrichemical handling facility (September, 2021).

ATCP 50.79(3)(a)2. 2. Pesticide mixing and loading standards under subch. VIII of ch. ATCP 29.

ATCP 50.79(3)(a)3. 3. Standards specified by the University of Wisconsin-Madison, biological systems engineering department, in “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005).

ATCP 50.79 Note Note: The “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005) is on file with the department and the legislative reference bureau. Copies may be purchased from the University of Wisconsin-Madison, Biological Systems Engineering Department, 460 Henry Mall, Madison, WI 53706, telephone: [phone].

ATCP 50.79(3)(b) (b) The landowner agrees to maintain the pesticide management plan, if required, for the duration specified in the cost-share contract, and to maintain any structures for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.79 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (3) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (intro.), (3) (a) 1., (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (3) (a) 1., cr. (3) (a) 1m. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.80 ATCP 50.80 Prescribed grazing.

ATCP 50.80(1) (1) Definition. In this section, “prescribed grazing” or “rotational grazing” means a grazing system which divides pastures into multiple cells, each of which is grazed intensively for a short period and then protected from grazing until its vegetative cover is restored.

ATCP 50.80(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse the cost of replacing animal lots or pastures, establishing a prescribed grazing system on croplands, or improving an existing prescribed grazing system that contributes sediments, nutrients, or pesticides to a water resource. This may include any of the following costs:

ATCP 50.80(2)(a) (a) The cost to establish or repair livestock access lanes and stream crossings to prevent instability and erosion.

ATCP 50.80(2)(b) (b) The cost to establish permanent boundary and main paddock fences. This may include perimeter fencing, lane fencing, portable fencing, and gates.

ATCP 50.80(2)(c) (c) The cost to establish, or enhance through interseeding or weed management, good seeding stands for pasture and hayland planting.

ATCP 50.80(2)(d) (d) The cost to establish a livestock watering facility. This may include pipeline and pasture watering systems, wells, spring developments, winter watering facilities such as geothermal or heated jug, heavy use area protection, and portable watering systems such as pumps, pipes, and tanks.

ATCP 50.80(2)(e) (e) The costs for practices that would remediate streambank erosion and streambank habitat degradation.

ATCP 50.80(2)(f) (f) The costs for practices that would exclude livestock from woodlands, sensitive wildlife habitat, and recreational lands.

ATCP 50.80(2)(g) (g) The costs for development of a prescribed grazing plan.

ATCP 50.80(3) (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse prescribed grazing costs unless all of the following conditions are met:

ATCP 50.80(3)(a) (a) The prescribed grazing practices comply with all of the following that apply:

ATCP 50.80(3)(a)1. 1. NRCS conservation practice standard 342 critical area planting (January, 2018).

ATCP 50.80(3)(a)2. 2. NRCS conservation practice standard 512 forage and biomass planting (January, 2013).

ATCP 50.80(3)(a)3. 3. NRCS conservation practice standard 472 access control (January, 2018).

ATCP 50.80(3)(a)4. 4. NRCS conservation practice standard 580 streambank and shoreline protection (September, 2021).

ATCP 50.80(3)(a)5. 5. NRCS conservation practice standard 561 heavy use area protection (November, 2022).

ATCP 50.80(3)(a)6. 6. NRCS conservation practice standard 528 prescribed grazing (April, 2017).

ATCP 50.80(3)(a)7. 7. Guidelines specified in “Pastures for Profit: A Guide to Rotational Grazing,” published by the University of Wisconsin-Extension (2014).

ATCP 50.80 Note Note: Copies of “Pastures for Profit: A Guide to Rotational Grazing” are on file with the department and the legislative reference bureau. Copies may be obtained from the University of Wisconsin-Extension (UWEX Pub. No. A3529).

ATCP 50.80(3)(a)8. 8. NRCS conservation practice standard 575 trails and walkways (August, 2021).

ATCP 50.80(3)(a)9. 9. Standards for livestock watering facilities specified under s. ATCP 50.76.

ATCP 50.80(3)(a)10. 10. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).

ATCP 50.80(3)(a)11. 11. NRCS conservation practice standard 314 brush management (April, 2017).

ATCP 50.80(3)(b) (b) The landowner agrees to maintain the prescribed grazing system for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.80 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1. to 8. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 6., 8. Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (a) 4., 5., 8. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) (a) 5., 8. Register August 2016 No. 728, eff. 9-1-16; CR 16-083: am. (3) (a) 1., 3., 7., 8. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (2) (intro.), (c), (d), cr. (2) (g), am. (3) (a) 1. to 6., 8., cr. (3) (a) 10., 11. Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) 10., 11. made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.81 ATCP 50.81 Relocating or abandoning animal feeding operations.

ATCP 50.81(1) (1) Definitions. In this section:

ATCP 50.81(1)(a) (a) “Abandonment” means discontinuing an animal feeding operation in order to prevent surface water or groundwater pollution from that animal feeding operation.

ATCP 50.81(1)(b) (b) “Animal feeding operation” means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or common management constitute a single animal feeding operation if any of the following apply:

ATCP 50.81(1)(b)1. 1. The operations are adjacent.

ATCP 50.81(1)(b)2. 2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

ATCP 50.81(1)(b)3. 3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

ATCP 50.81(1)(c) (c) “Relocation” means discontinuing an animal feeding operation at one site and commencing that operation at a suitable alternate site in order to minimize the amount of surface water or groundwater pollution from that animal feeding operation.

ATCP 50.81(2) (2) Cost-share eligibility. A cost-share grant under s. ATCP 50.40 may reimburse costs incurred for the permanent relocation or abandonment of an animal feeding operation if all of the following conditions are met:

ATCP 50.81(2)(a) (a) The department or the county land conservation committee finds that relocation or abandonment is the most practical and cost-effective way to achieve compliance with state or local regulations.

ATCP 50.81(2)(b) (b) The department approves the relocation or abandonment plan.

ATCP 50.81(2)(c) (c) The landowner agrees, in a covenant that runs with the land, that no person may reestablish an animal feeding operation at that site unless the department determines that the reestablished operation complies with s. ATCP 50.04. The department may waive this requirement if the department finds that the covenant is unnecessary.

ATCP 50.81(2)(d) (d) The covenant under par. (c) is recorded in the office of the register of deeds for each county in which the property is located.

ATCP 50.81(3) (3) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to relocate or abandon an animal feeding operation:

ATCP 50.81(3)(a) (a) Costs to install manure management systems and other conservation practices under this subchapter at a new site, as authorized under this chapter.

ATCP 50.81(3)(b) (b) Costs to abandon and rehabilitate the current site, including costs for any of the following:

ATCP 50.81(3)(b)1. 1. Removing concrete paving, fencing, bunks, livestock housing structures, livestock feeding structures, and other obstructions.

ATCP 50.81(3)(b)2. 2. Grading and establishing vegetation on the site.

ATCP 50.81(3)(b)3. 3. Excluding livestock from the site.

ATCP 50.81(3)(b)4. 4. Abandoning wells on the site.

ATCP 50.81(3)(c) (c) Costs to move buildings and other structures.

ATCP 50.81(3)(d) (d) Costs to transport animals to a site in this state that is not on the same farm, up to a maximum of $5,000.

ATCP 50.81(3)(e) (e) Costs for livestock buildings and associated facilities needed to maintain the transferred livestock at the new site if all of the following apply:

ATCP 50.81(3)(e)1. 1. The department determines that the relocation is necessary to comply with s. ATCP 50.04 and is cost-effective.

ATCP 50.81(3)(e)2. 2. The cost-share grant does not exceed the appraised value of the buildings and associated facilities at the current site, or 70% of the costs of the replacement buildings and associated facilities, whichever is less.

ATCP 50.81(3)(e)3. 3. The relocation will not cause a violation of s. ATCP 50.04.

ATCP 50.81 Note Note: Cost-share grants under this section are subject to the limitations specified in s. ATCP 50.42.

ATCP 50.81(4) (4) Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to reestablish an animal feeding operation that has been abandoned under this section.

ATCP 50.81(5) (5) Design, construction, and maintenance. A cost-share grant may not reimburse the cost of relocating or abandoning an animal feeding operation unless all of the following apply:

ATCP 50.81(5)(a) (a) The relocation or abandonment complies with the NRCS conservation practice standards for the conservation practices in this subchapter.

ATCP 50.81(5)(b) (b) The landowner agrees to maintain the relocated operation, if any, for 10 years unless farming operations on the affected land are discontinued.

ATCP 50.81 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 23-024: am. (5) (a) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.82 ATCP 50.82 Residue management.

ATCP 50.82(1) (1) Definition. In this section, “residue management” means any of the following:

ATCP 50.82(1)(a) (a) Preparing land surfaces for the planting and growing of crop plants using methods that result in a rough land surface which is covered in varying degrees by vegetative residues of a previous crop, and which provides a significant degree of resistance to soil erosion by raindrop impact, surface water runoff, or wind.

ATCP 50.82(1)(b) (b) Planting crop seeds in a narrow slot or a narrow strip of tilled soil, in order to maintain residue cover and avoid disturbing the entire soil surface.

ATCP 50.82(2) (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for any of the following residue management practices:

ATCP 50.82(2)(am) (am) No-till practices.

ATCP 50.82(2)(bm) (bm) Strip-till practices.