Section 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:

(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 May 1, 2014.

(2)   Soil erosion control. A landowner shall manage all fields including pastures, and related field practices, so that soil erosion rates on cropped and pastured soils do not exceed T-value.

(3)   Nutrient management plan.

(a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field, including pastures, after the date specified in par. (h) . A nutrient management plan shall comply with this subsection.

(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:

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.

2. The pastures do not receive mechanical applications of nutrients.

(c) A nutrient management planner qualified under s. ATCP 50.48 shall prepare or approve the plan.

(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:

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.

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%.

(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.

(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:

1. Standard values specified in NRCS Wisconsin Conservation Planning Technical Note WI-1 (November, 2008), companion document to the NRCS technical guide standard 590.

2. Manure analyses conducted at a laboratory that complies with s. ATCP 50.50 (8) .

(e) The plan shall comply with the NRCS technical guide nutrient management standard 590 (September, 2005), except for sections V. D., V. E., and VI., and shall also comply with the Wisconsin Conservation Planning Technical Note WI-1 (November, 2008).

(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 2006 edition of Nutrient Application Guidelines for Field, Vegetable and Fruit Crops , UWEX publication A2809, or in the latest subsequent 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:

1. A soil or tissue test reveals a specific nutrient deficiency.

2. Excess nutrients are the result of an unforeseen change in the type of crop planted.

3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.

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.

(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. 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 .

(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.

(h) Paragraph (a) first applies on the following dates for the following nonpasture lands:

1. January 1, 2005, for land located in watersheds draining to outstanding or exceptional resource waters designated in ch. NR 102 .

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.

3. January 1, 2005, for land located in source water protection areas defined in s. NR 243.03 .

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.

(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 .

(4)   Tillage setback.

(a) A landowner shall manage cropland to achieve compliance with the DNR performance standard for tillage setback under s. NR 151.03 .

(b) A landowner is not required to establish a tillage setback distance greater than 5 feet unless all of the following conditions are met:

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.

2. In determining whether to increase the setback distance, county or other conservation professionals shall do all of the following:

a. Consider bank materials, height, slope, cause of bank erosion, soil type, and other factors that affect bank integrity.

b. Use best professional judgment, based on the latest technical standards and practices required under this chapter.

c. Follow a consistent approach in making determinations for increased setback distances by consulting with NRCS or department engineering specialists.

d. Provide the landowner with a written statement documenting the findings and conclusions in support of the increased setback distance.

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.

Note

Under s. 281.16 , Stats., DNR is primarily responsible for adopting performance standards to prevent pollution runoff from farms. The department of agriculture, trade and consumer protection ("DATCP") must prescribe conservation practices to implement the DNR performance standards. DATCP must also establish soil conservation and farm nutrient management requirements. This subchapter spells out a single set of farm conservation practices that incorporates DNR performance standards by reference. Counties play a major role in implementing conservation practices on farms (see subchapter III of this chapter). Conservation requirements are contingent on cost-sharing (see s. ATCP 50.08 ). Microsoft Windows NT 6.1.7601 Service Pack 1 Landowners who claim farmland preservation tax credits must comply with conservation standards as required under s. 91.80 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 92.025 (1) , Stats., and s. NR 151.02 . Soil erosion includes erosion caused by wind or water. For most soils, "T-value" is equivalent to 2 to 5 tons of soil loss per acre per year. Microsoft Windows NT 6.1.7601 Service Pack 1 Sheet and rill soil erosion from water is calculated according to the RUSLE 2 equation, published by NRCS. Wind erosion is calculated according to the NRCS Wind Erosion Prediction System (WEPS) model. 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 . Microsoft Windows NT 6.1.7601 Service Pack 1 A nutrient management plan developed in accordance with s. ATCP 50.04 (3) that includes a phosphorus index (PI) calculation value can be used to demonstrate compliance with s. NR 151.04 . Additional guidance related to the PI can be found in the notes to s. NR 151.04 (2) (b) . Microsoft Windows NT 6.1.7601 Service Pack 1 The grazing season includes the months of the year when pasture vegetation is actively growing. Microsoft Windows NT 6.1.7601 Service Pack 1 A landowner who has the knowledge and skills described in s. ATCP 50.48 (1) may prepare his or her own nutrient management plan. ATCP 50.48 does not require a planner to obtain a state certification, complete a training program, or hold specific professional credentials. Persons holding certain credentials are presumed to be qualified, but other persons may also demonstrate their qualifications by preparing sound nutrient management plans. A person may not misrepresent himself or herself as a qualified nutrient management planner. Microsoft Windows NT 6.1.7601 Service Pack 1 The current 2012 version of UWEX pub. A2809 and subsequent editions are available at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1 The delayed effective dates under par. (h) correspond to the delayed effective dates under s. NR 151.07 . Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1