Section 50.48. Nutrient management planners.

 

(1)   Qualifications. To be qualified under ss. 281.65 , 281.66 , Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:

(a) Compliance with the NRCS technical guide.

(b) Soil testing.

(c) Calculating nutrient needs on a field-by-field basis.

(d) Crediting manure, residual legume nitrogen, and other nutrient sources on a field-by-field basis.

(e) Using conservation plans.

(f) Relevant laws related to nutrient management.

(g) Preparing nutrient management plans according to s. ATCP 50.04 (3) .

(2)   Planners presumptively qualified. An individual is considered a qualified nutrient planner under sub. (1) , without any action by the department, if all of the following apply:

(a) The individual is at least one of the following:

1. Recognized as a certified professional crop consultant by the national alliance of independent crop consultants.

2. Recognized as a certified crop advisor by the American society of agronomy, Wisconsin certified crop advisors board.

3. Registered as a soil scientist by the soil science society of America or as a professional agronomist by the American society of agronomy.

4. The holder of other credentials that the department deems equivalent to those specified under subds. 1. to 3. A landowner is presumptively qualified to prepare a nutrient management plan for his or her farm, but not for others, if the landowner completes a department-approved training course and the course instructor approves the landowner's first annual plan. The landowner shall complete a department-approved training course at least once every 4 years to maintain his or her presumptive qualification.

(b) The nutrient management planner complies with sub. (3) .

(c) The department has not disqualified the nutrient management planner under sub. (4) .

(3)   Nutrient management plans.

(a) A qualified nutrient management planner shall prepare nutrient management plans according to s. ATCP 50.04 (3) .

(b) A qualified nutrient management planner may not approve a nutrient management plan that fails to comply with s. ATCP 50.04 (3) .

(4)   Disqualification. The department may issue a written notice to an individual, declaring that the individual is not a qualified nutrient management planner under this section. The notice shall specify the basis for the department's declaration. The department may disqualify a nutrient management planner if the planner violates sub. (3) or lacks qualifications required under sub. (1) .

(5)   Misrepresenting qualification. No person may do any of the following, directly or by implication:

(a) Misrepresent that an individual is a qualified nutrient management planner under this section.

(b) Represent, contrary to a valid written notice under sub. (4) , that an individual is a qualified nutrient management planner under this section.

(c) Misrepresent that a person is qualified to perform nutrient management plans for others, if that is not the case.

(6)   Records. A qualified nutrient management planner shall keep copies of all nutrient management plans that the planner prepares or approves for funding under s. 281.65 or 281.66 , Stats., or this chapter. The planner shall retain the records for at least 4 years, and shall make them available for inspection and copying by the department upon request.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 05-013 : am. (2) (a) 3. Register May 2007 No. 617 , eff. 6-1-07.

Note

The department may develop minimum standards for a department-approved training course for farmers who develop their own nutrient management plans. Microsoft Windows NT 6.1.7601 Service Pack 1 The department does not affirmatively certify nutrient management planners. A nutrient management planner who meets all of the requirements under sub. (2) may represent himself or herself as a qualified nutrient planner, without any certificate from the department. A person qualified only to prepare his or her own nutrient management plan under sub. (2) (a) 4. may not misrepresent that he or she is qualified to prepare nutrient management plans for others. Microsoft Windows NT 6.1.7601 Service Pack 1 A person who is named in a disqualification notice under sub. (4) may request a contested case hearing under s. 227.42 , Stats., and ch. ATCP 1 . Microsoft Windows NT 6.1.7601 Service Pack 1