ATCP 50.02ATCP 50.02 Waivers. The department may grant a written waiver from any provision of this chapter if the department finds that the waiver is necessary to achieve the objectives of this chapter. The secretary shall sign each waiver under this section. The department may not waive a statutory requirement.

ATCP 50.04ATCP 50.04 Farm conservation practices. Except as provided in s. ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices:

ATCP 50.04(1)(1) Nonpoint source pollution control. A landowner shall implement conservation practices that achieve compliance with DNR performance standards under ss. NR 151.02 to 151.08, in effect on June 1, 2018. A nutrient management plan developed in accordance with sub. (3) may be used to demonstrate compliance with ss. NR 151.04 and 151.075.

ATCP 50.04 NoteNote: Landowners who claim farmland preservation tax credits must comply with conservation standards as required under s. 91.80, Stats.

ATCP 50.04(2)(2) Soil erosion control. A landowner shall manage all lands where crops or feed are grown, including pastures, so that sheet, rill, and wind erosion rates on cropped and pastured soils do not exceed T-value. Sheet and rill erosion may be calculated using the RUSLE 2 equation or equivalent. Wind erosion may be calculated using the NRCS Wind Erosion Prediction System (WEPS).

ATCP 50.04 NoteNote: Copies of RUSLE 2 and the NRCS WEPS model are on file with the department and the legislative reference bureau. Copies of both models may also be obtained from the NRCS website at: http://www.wi.nrcs.usda.gov/technical.

ATCP 50.04(3)(a)(a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field, including pastures. A nutrient management plan shall comply with this subsection.

ATCP 50.04(3)(b)(b) The plan shall include every field on which nutrients are applied, including pastures, and pastures stocked at an average rate of more than one animal unit per acre during the grazing season. Pastures are not required to be included in the plan if all of the following requirements are met:

ATCP 50.04(3)(b)1.1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

ATCP 50.04 NoteNote: The grazing season includes the months of the year when pasture vegetation is actively growing.

ATCP 50.04(3)(d)(d) The plan shall be based on soil nutrient tests conducted at a laboratory certified under s. ATCP 50.50 to conduct those tests. Soil tests are not required on pastures that do not receive mechanical applications of nutrients if either of the following applies:

ATCP 50.04(3)(d)1.1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

ATCP 50.04(3)(d)2.2. The pastures are stocked at an average stocking rate of more than one animal unit per acre during the grazing season, and a nutrient management plan for the pastures complies with s. NR 151.04 (2), using an assumed soil test phosphorus level of 150 parts per million and organic matter content of 6%.

ATCP 50.04(3)(de)(de) A landowner may be required to provide documentation to the county land conservation committee that animal stocking rate and soil test values for pastures do not exceed the levels in par. (b) 1. and (d) 2., respectively.

ATCP 50.04(3)(dm)(dm) If the nutrient management plan uses manure nutrient values, other than nutrient values of organic by-products regulated under ch. NR 113, 204 or 214, the manure nutrient values shall be based on one of the following:

ATCP 50.04(3)(dm)1.1. Standard values specified in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809 referenced in the NRCS conservation practice standard 590.

ATCP 50.04 NoteNote: The current 2012 version of UWEX pub. A2809 and subsequent editions are available at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx and are also on file with the department and the legislative fiscal bureau.

ATCP 50.04(3)(e)(e) The plan shall comply with the NRCS conservation practice standard 590 nutrient management (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 NoteNote: The NRCS conservation practice 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. Components of a nutrient management plan are summarized on a checklist. An example nutrient management checklist is available at 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. For supplemental in-season nitrogen applications, a nutrient management planner shall follow steps outlined in NRCS conservation practice standard 590 nutrient management (December 2015).

ATCP 50.04 NoteNote: Environmental conditions can make it challenging to assess nutrient deficiencies. In-field scouting is strongly recommended to verify the nutrient deficiency is not a result of pest or disease pressure, and that an additional nutrient application will resolve the observed deficiency.