ATCP 50.61(1) (1) Practices must comply. Except as authorized under sub. (3), conservation practice standards and any other standards under this chapter, including any secondary standards incorporated by reference in those standards shall comply with applicable standards under this subchapter.

ATCP 50.61(2) (2) Standards adopted by rule. The department may not adopt, amend, or repeal standards under this subchapter, except by rule.

ATCP 50.61(3) (3) Voluntary use of updated technical standards. The department may authorize a county to provide financial assistance for a conservation practice to be implemented under the updated version of a technical or conservation practice standard listed in this subchapter. The county may provide financial assistance for the conservation practice using the updated standard if all of the following apply:

ATCP 50.61(3)(a) (a) The updated standard provides conservation benefits at least as beneficial as the version listed in this subchapter.

ATCP 50.61(3)(b) (b) The updated standard has been adopted by NRCS, DNR, the department, or the applicable entity listed in this subchapter.

ATCP 50.61(3)(c) (c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.

ATCP 50.61(4) (4) Pre-approval of cost-shared practices. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:

ATCP 50.61(4)(a) (a) Identify the practice for which pre-approval is required.

ATCP 50.61(4)(b) (b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.

ATCP 50.61(4)(c) (c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.

ATCP 50.61 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (title), (1), cr. (3), (4) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (title), (1), (3) (intro.), (a), (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.618 ATCP 50.618 Technical standards development process.

ATCP 50.618(1) (1) The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed.

ATCP 50.618(2) (2) The department may decide that the following is necessary to implement a performance standard:

ATCP 50.618(2)(a) (a) Develop a new technical standard for which the department will be the custodian.

ATCP 50.618(2)(b) (b) Revise an existing technical standard for which the department is the custodian.

ATCP 50.618(3) (3) The department shall use the process used by the standards oversight council, or other inter-disciplinary team, when it acts to develop or revise technical standards for which it is the custodian. The process shall include the following:

ATCP 50.618(3)(a) (a) The department shall convene a work group that includes agencies and persons with technical expertise and direct policy interest.

ATCP 50.618(3)(b) (b) The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department.

ATCP 50.618(3)(c) (c) The work group shall provide a recommended technical standard to the department.

ATCP 50.618(4) (4) Review and approval of technical standards. 

ATCP 50.618(4)(a) (a) Upon receipt of a recommended technical standard or technical standard revision, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards under s. 281.16 (3) (a), Stats.

ATCP 50.618(4)(b) (b) If the department determines that a recommended technical standard will not adequately or effectively implement a performance standard under s. 281.16 (3) (a), Stats., the recommended technical standard may not be used to implement a performance standard in whole or in part.

ATCP 50.618 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in numbering in section under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.62 ATCP 50.62 Manure storage systems.

ATCP 50.62(1) (1) Definitions. In this section:

ATCP 50.62(1)(a) (a) “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 management constitute a single animal feeding operation if any of the following apply:

ATCP 50.62(1)(a)1. 1. The operations are adjacent.

ATCP 50.62(1)(a)2. 2. The operations use common plans, acreage, or systems to landspread manure or other wastes.