ATCP 50.04(3)(dm)2. 2. Manure analyses conducted at a laboratory that complies with s. ATCP 50.50 (8).
ATCP 50.04(3)(e) (e) The plan shall comply with the NRCS technical guide nutrient management standard 590 (December, 2015) except for sections IV. D., IV. E., and V., and shall also comply with the Wisconsin Conservation Planning Technical Note WI-1 (February, 2016).
ATCP 50.04 Note Note: The NRCS technical guide standard 590 (December, 2015) and the companion document Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) are on file with the department and the legislative reference bureau. Copies are available from a county land conservation department, a NRCS field office, the national NRCS website at: http://www.nrcs.usda.gov, the Wisconsin NRCS website at: www.wi.nrcs.usda.gov, or the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx. The NRCS technical guide standard 590 (December, 2015) includes the options for the development of a P management strategy when manure or organic by-products are applied during the crop rotation using either the Phosphorus Index (PI) or Soil Test Phosphorus Management Strategy. A person may obtain a checklist to gather information for a nutrient management plan by visiting the department's website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.04(3)(f) (f) The plan may not recommend nutrient applications that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension in the 2012 edition of Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809, or in the latest edition of that publication if preferred by the landowner, unless the nutrient management planner can show that one or more of the following circumstances justifies the recommended application:
ATCP 50.04(3)(f)1. 1. A soil or tissue test reveals a specific nutrient deficiency.
ATCP 50.04(3)(f)2. 2. Excess nutrients are the result of an unforeseen change in the type of crop planted.
ATCP 50.04(3)(f)3. 3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.
ATCP 50.04(3)(f)4. 4. Other special agronomic conditions documented by the planner. A planner who wishes to justify higher applications shall include credible information to show that the higher applications will not materially increase environmental damage.
ATCP 50.04 Note Note: The 2006 and subsequent editions of the UWEX publication A2809 are available from a county extension agent. The 2006 and 2012 editions are also on file with the department and the legislative reference bureau. The latest edition of A2809 is available from the UWEX website at: http://learningstore.uwex.edu. Copies are also available from the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.04(3)(g) (g) The plan shall be consistent with any nutrient management plan required under ch. NR 113, 204, or 214 if the landowner applies septage, municipal sludge, industrial waste, or industrial by-products to the land and in accordance with s. ATCP 65.22 (6) (c). A landowner is not required to have a nutrient management plan under this subsection if the landowner applies primarily septage, municipal sludge, industrial waste, or industrial byproducts according to ch. NR 113, 204, or 214.
ATCP 50.04(3)(gm) (gm) A landowner or nutrient management planner qualified under s. ATCP 50.48 (2) shall annually review a nutrient management plan to determine whether the plan accurately reflects the planned cropping, tolerable soil loss, nutrient application rates, and application methods. The plan shall be updated, by a nutrient management planner qualified under s. ATCP 50.48, when necessary to reflect changes in those planned activities.
ATCP 50.04(3)(h) (h) Paragraph (a) first applies on the following dates for the following nonpasture lands:
ATCP 50.04(3)(h)1. 1. January 1, 2005, for land located in watersheds draining to outstanding or exceptional resource waters designated in ch. NR 102.
ATCP 50.04(3)(h)2. 2. January 1, 2005, for land located in watersheds draining to impaired waters that DNR has listed pursuant to 33 USC 1313 and 40 CFR 130.7, if the impairment relates to excessive nutrients.
ATCP 50.04(3)(h)3. 3. January 1, 2005, for land located in source water protection areas defined in s. NR 243.03.
ATCP 50.04(3)(h)4. 4. January 1, 2008, for other lands, except that it first applies to new cropland as described by s. NR 151.09 (4) (b) on October 1, 2003.
ATCP 50.04 Note Note: The delayed effective dates under par. (h) correspond to the delayed effective dates under s. NR 151.07.
ATCP 50.04(3)(i) (i) A landowner is rebuttably presumed to comply with this section if the landowner complies with a nutrient management plan that is prepared or approved by a nutrient management planner, other than the farmer, who is qualified under s. ATCP 50.48.
ATCP 50.04(4) (4)Tillage setback.
ATCP 50.04(4)(a)(a) A landowner shall manage cropland to achieve compliance with the DNR performance standard for tillage setback under s. NR 151.03.
ATCP 50.04(4)(b) (b) A landowner is not required to establish a tillage setback distance greater than 5 feet unless all of the following conditions are met:
ATCP 50.04(4)(b)1. 1. The 5-foot setback distance is increased by the smallest increment necessary to achieve the purposes of s. NR 151.03, but in no case greater than a total setback distance of 20 feet.
ATCP 50.04(4)(b)2. 2. In determining whether to increase the setback distance, county or other conservation professionals shall do all of the following:
ATCP 50.04(4)(b)2.a. a. Consider bank materials, height, slope, cause of bank erosion, soil type, and other factors that affect bank integrity.
ATCP 50.04(4)(b)2.b. b. Use best professional judgment, based on the latest technical standards and practices required under this chapter.
ATCP 50.04(4)(b)2.c. c. Follow a consistent approach in making determinations for increased setback distances by consulting with NRCS or department engineering specialists.
ATCP 50.04(4)(b)2.d. d. Provide the landowner with a written statement documenting the findings and conclusions in support of the increased setback distance.
ATCP 50.04 Note Note: Conservation practices such as critical area stabilization, grade stabilization, and shoreland protection should be installed if necessary to stabilize the bank and protect its integrity. Determinations regarding compliance with this standard may be appealed as authorized under s. 227.42, Stats., or other provisions of law. Landowners may achieve compliance with this standard by enrolling riparian land in the CREP program or other federal set-aside programs.
ATCP 50.04 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (3) (d), (e), (f) (intro.), 3. and (g), cr. (3) (dm) and (i), r. and recr. (3) (f) 4., r. (3) (f) 5. to 9., Register May 2007 No. 617, eff. 6-1-07; CR 08-075: am. (3) (dm) 1. and (e) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (2), (3) (a), renum. (3) (b) to (intro.) and am., cr. (3) (b) 1., 2., renum. (3) (d) to (intro.) and am., cr. (3) (d) 1., 2., (de), am. (3) (f) (intro.), cr. (3) (gm), am. (3) (h) (intro.), cr. (4) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (dm) 1., (e) Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (1), (3) (dm) 1., (e), (f) (intro.), (g) Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.06 ATCP 50.06Installing conservation practices.
ATCP 50.06(1)(1)General. A landowner may use any of the following to comply with s. ATCP 50.04, unless s. ATCP 50.04 mandates a specific practice:
ATCP 50.06(1)(a) (a) Conservation practices identified in subch. VIII or the NRCS technical guide.
ATCP 50.06(1)(b) (b) Other conservation practices that comply with s. ATCP 50.04.
ATCP 50.06(2) (2)Funded practices. Conservation practices for which a landowner receives a cost-share grant under this chapter shall comply with subch. VIII.
ATCP 50.06 Note Note: A county land conservation committee can provide landowners with a helpful document called “Farmland Conservation Choices: A Guide to Environmentally Sound Practices for Wisconsin Farmers." The committee can also recommend conservation practices that are appropriate for the landowner's farm. Cost-share grants may be available to help landowners install or maintain recommended practices. Landowners may contact their county land conservation committee to apply for cost-share grants. If a landowner receives a cost-share grant for a conservation practice, that practice must comply with subch. VIII.
ATCP 50.06 Note Counties have land and water resource management plans to promote compliance with farm conservation requirements (see s. ATCP 50.12). Counties will seek voluntary compliance and will offer information, cost-sharing, and technical assistance to help landowners comply.
ATCP 50.06 Note As a last resort, a county may seek enforcement action against a landowner who refuses to implement required conservation practices. A county may not seek enforcement action until it complies with applicable cost-sharing requirements under s. ATCP 50.08. A county may pursue any of the following enforcement options, as appropriate:
ATCP 50.06 Note The county may suspend a violator's eligibility for farmland preservation tax credits (see s. ATCP 50.16(6)).
ATCP 50.06 Note DNR may issue a notice of discharge, requiring a violator to obtain a pollution discharge permit from DNR (see ch. NR 243).
ATCP 50.06 Note The department of justice or a district attorney may file a civil forfeiture action against the violator (see s. 281.98, Stats.).
ATCP 50.06 Note The county may take action to enforce its own ordinance, if any.
ATCP 50.06 Note A town, city, or village may take action to enforce its own ordinance, if any.
ATCP 50.06 NoteCounty compliance procedures should be consistent with this chapter and ss. NR 151.09 and 151.095. A county should spell out compliance procedures in its land and water resource management plan, as provided in s. ATCP 50.12 (2). The department and DNR will work with counties to develop suggested guidelines for county compliance programs.
ATCP 50.06 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.08 ATCP 50.08Cost-sharing required.
ATCP 50.08(1) (1)General. A landowner engaged in agricultural practices in this state is not required to do any of the following, under s. ATCP 50.04, unless the landowner receives a bona fide offer of cost-sharing:
ATCP 50.08(1)(a) (a) Discontinue or modify cropping practices on existing cropland. In this paragraph, “existing cropland" has the meaning given in s. NR 151.09 (4) (b).
ATCP 50.08 Note Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify cropping practices on “existing cropland" in order to comply with a DNR performance standard. Other cropland must comply with relevant DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note Land qualifies as “existing cropland" if it was being cropped on the effective date of the relevant DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note If cropland complies with a DNR performance standard after that standard takes effect, it no longer qualifies as “existing cropland" for cost-share purposes under that performance standard. If the cropland later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
ATCP 50.08 Note Land not cropped on the effective date of a DNR performance standard, but returned to cropping at a later date, may qualify as “existing cropland" if it is returned to cropping within 10 years after cropping was halted.
ATCP 50.08 Note Cropland enrolled in a federal conservation program on October 1, 2002, qualifies as “existing cropland" when it comes out of the federal program unless the cropland is re-enrolled.
ATCP 50.08 Note A landowner may be eligible for cost-sharing, even if the landowner is not entitled to cost-sharing under par. (a). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
ATCP 50.08(1)(b) (b) Discontinue or modify an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation" has the meaning given in s. NR 151.095 (5) (b).
ATCP 50.08 Note Note: Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify an “existing" livestock facility or operation in order to comply with a DNR performance standard. Other livestock facilities and operations must comply with DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
ATCP 50.08 Note A livestock facility or operation qualifies as an “existing" facility or operation if it existed on the effective date of the DNR performance standard, and has never complied with that performance standard since that date.
ATCP 50.08 Note If a livestock facility or operation complies with a DNR performance standard after that standard takes effect, it no longer qualifies as an “existing" facility or operation for cost-share purposes under that performance standard. If the facility or operation later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
ATCP 50.08 Note A livestock facility that existed but held no livestock on the effective date of a DNR performance standard may qualify as an “existing" facility if it is restocked within 5 years after livestock were last present.
ATCP 50.08 Note If a landowner voluntarily expands or alters a livestock facility after the effective date of a DNR performance standard, the newly constructed portion of the facility will not qualify as an “existing" facility for cost-share purposes under that performance standard. (There are limited exceptions.)
ATCP 50.08 Note A landowner may be eligible for cost-sharing, even if the landowner is not entitled to cost-sharing under par. (b). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
ATCP 50.08(2) (2)Cost-share amount. A cost-share offer under sub. (1) shall cover at least 70% of the landowner's cost to install and maintain each required conservation practice, or 90% of the landowner's cost if there is an economic hardship under s. ATCP 50.42 (4).
ATCP 50.08 Note Note: See ss. 92.07 (2), 92.15 (4) and 281.16 (3) (e), Stats. Subsection (1) requires a bona fide offer of cost-sharing, not necessarily an acceptance. A county may impose a reasonable deadline by which a landowner must accept or reject the county's bona fide cost-share offer under sub. (1). See s. ATCP 50.54 (2) related to cost-sharing for conservation practices required under a county or local ordinance.
ATCP 50.08 Note The minimum cost-share requirement under subs. (1) and (2) does not apply if a landowner voluntarily installs a cost-shared practice. In a voluntary transaction, the county is free to negotiate a grant amount with a landowner (up to the maximum amounts provided in s. ATCP 50.42). But if a county requires a landowner to install a conservation practice, the county must comply with applicable cost-share requirements under subs. (1) and (2). The cost-share grant may come from one or more sources, as provided under sub. (7).
ATCP 50.08 Note If the practice is not being installed to achieve compliance with an agricultural performance standard, the minimum cost-share requirement also does not apply. See s. ATCP 50.42 (1).
ATCP 50.08(3) (3)Landowner's cost. A landowner's cost to install and maintain a conservation practice includes all of the following that apply:
ATCP 50.08(3)(a) (a) The landowner's reasonable and necessary expenditures to install and maintain the conservation practice. This includes eligible installation costs identified in subch. VIII, and costs for engineering services under s. ATCP 50.40 (7).
ATCP 50.08(3)(b) (b) The reasonable value of necessary labor, equipment, and supplies provided by the landowner in the installation and maintenance of the conservation practice. This does not include normal operating routines such as clean-outs of barnyards, storage facilities, and gutters.
ATCP 50.08(3)(c) (c) The reasonable value of mowing provided by the landowner, up to a maximum of 2 mowings per year and $10 per mowing, if that mowing is necessary to maintain the conservation practice.
ATCP 50.08(3)(d) (d) The landowner's cost to take or keep land out of agricultural production, if the landowner must take or keep more than ½ acre out of agricultural production in order to install or maintain the conservation practice. The landowner's cost, determined on the date of the cost-share contract, equals the sum of the annual costs that the landowner will incur over the maintenance period specified in the cost-share contract. The landowner's annual cost, for each year of the maintenance period, equals the number of affected acres multiplied by the per-acre weighted average soil rental rate in the county on the date of the cost-share contract. This paragraph does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.
ATCP 50.08 Note Note: If a county requires a landowner to install a conservation practice that changes an “existing" agricultural operation, the county must offer cost-sharing. If the cost-shared practice is a capital improvement, the landowner must agree to maintain it for at least 10 years. The cost-share contract must pay the required minimum share of the landowner's cost under sub. (3). If the landowner must take more than ½ acre out of production, the landowner's cost includes the cost of taking that land out of production.
ATCP 50.08 Note After the contract maintenance period has expired, the landowner may resume production in the affected area unless the parties enter into a new cost-share contract to keep the land out of production (see sub. (5) (a)). The parties may negotiate the term of each contract, as long as each contract specifies a maintenance term of at least 10 years. If the landowner wishes to take advantage of the CREP-equivalent payment for riparian land under sub. (4), the landowner must agree to keep the land out of production for at least 15 years, or in perpetuity.
ATCP 50.08 Note The United States department of agriculture, farm service agency, has determined the weighted average soil rental rate for each county, on form CRP-2. See s. ATCP 50.01 (39).
ATCP 50.08 Note Land is not taken “out of agricultural production," for purposes of sub. (3), if the landowner is free to use it for pasture, hay production, and cropping subject to residue management (see s. ATCP 50.01 (14)).
ATCP 50.08(4) (4)Riparian land taken out of production; crep-equivalent payment.
ATCP 50.08(4)(a)(a) If a landowner must take or keep more than ½ acre of riparian land out of agricultural production in order to install or maintain a conservation practice, the cost-share offer under sub. (1) for that conservation practice shall be at least equal to the amount that would be offered under the CREP program if the affected lands were enrolled in that program, regardless of whether the lands are actually eligible for the CREP program.
ATCP 50.08(4)(b) (b) Paragraph (a) does not apply unless the landowner agrees to keep the land out of agricultural production for 15 years, or in perpetuity, under contract terms equivalent to those that apply under the CREP program.
ATCP 50.08(4)(c) (c) Paragraph (a) does not apply to a cost-share offer made after the CREP program expires.
ATCP 50.08 Note Note: The CREP program is the combined state-federal conservation reserve enhancement program administered by the department and the United States department of agriculture (see ATCP 50.01 (7)). Under the CREP program, lands are enrolled for 15 years or in perpetuity. Lands enrolled in perpetuity are subject to a permanent conservation easement.
ATCP 50.08 Note Land is not taken “out of agricultural production," for purposes of sub. (4) if the landowner is free to use it for pasture, hay production, and cropping subject to residue management (see s. ATCP 50.01 (14)).
ATCP 50.08(4)(d) (d) Paragraph (a) does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.
ATCP 50.08(5) (5)Exemptions. The cost-sharing requirement under sub. (1) does not apply to any of the following:
ATCP 50.08(5)(a) (a) A conservation practice that has already been cost-shared for at least 10 years. This exemption does not apply to costs under sub. (3) (d).
ATCP 50.08 Note Note: For example, if a county has already paid a landowner to install and maintain a manure storage system for at least 10 years (see s. ATCP 50.62 (5) (f)), the county may require the landowner to maintain the facility in subsequent years without further cost-sharing. The county has the burden of showing that it has already paid the landowner.
ATCP 50.08 Note The rule is different if the county requires a landowner to take more than ½ acre of land out of agricultural production in order to install or maintain a conservation practice. Even if a county has already paid a landowner to install and maintain that conservation practice for at least 10 years, the county must continue to provide cost-share funds for lost production if the county requires the landowner to keep the land out of production in subsequent years. Land is not taken “out of agricultural production", for cost-share purposes, if the landowner is free to use it for pasture, hay production, and cropping subject to residue management (see s. ATCP 50.01 (14)).
ATCP 50.08(5)(b) (b) The following conservation practices if those practices have already been cost-shared for at least 4 years:
ATCP 50.08(5)(b)1. 1. Contour farming as defined in s. ATCP 50.67 (1).
ATCP 50.08(5)(b)2. 2. Cropland cover as defined in s. ATCP 50.68 (1).
ATCP 50.08(5)(b)3. 3. Nutrient management as defined in s. ATCP 50.78 (1).
ATCP 50.08(5)(b)4. 4. Pesticide management as defined in s. ATCP 50.79 (1).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.