Section 50.70. Diversions.

 

(1)   Definition. In this section, "diversion" means a structure installed to divert excess surface runoff water to an area where it can be used, transported, or discharged without causing excessive soil erosion. "Diversion" includes a channel with a supporting earthen ridge on the lower side, installed across the slope with a self-discharging and non-erosive gradient.

(2)   Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs to establish a diversion system:

(a) Costs to install a diversion, outlet, dike, or subsurface drain. Costs to install a subsurface drain may be reimbursed only if the drain is installed on sloping land where groundwater seeps to the surface and causes the land or land cover to lose its stability.

(b) Costs to install pipes, underground outlets, or other structures needed to deliver water to a ditch or dike, to promote a more even flow of water, or to protect outlets from erosion.

(c) Costs for leveling and filling needed to install an effective diversion system.

(d) Costs to remove obstructions, if necessary for the installation of an effective diversion system.

(e) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

(f) Fencing needed to protect a diversion from livestock.

(3)   Ineligible costs. A cost-share grant under s. ATCP 50.40 may not be used to install ditches or dikes that are designed to drain or impound water for later use, or that will be a part of a regular irrigation system.

(4)   Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs to establish a diversion system unless all of the following conditions are met:

(a) The diversion includes an adequate outlet that prevents erosion.

(b) The diversion complies with all of the following that apply:

1. NRCS technical guide critical area planting standard 342 (January, 2013).

2. NRCS technical guide diversion standard 362 (December, 2010).

3. NRCS technical guide fence standard 382 (January, 2014).

4. NRCS technical guide grassed waterway standard 412 (August, 2015).

5. NRCS technical guide lined waterway or outlet standard 468 (March, 2013).

6. NRCS technical guide obstruction removal standard 500 (December, 2010).

7. NRCS technical guide subsurface drain standard 606 (March, 2014).

8. NRCS technical guide underground outlet standard 620 (March, 2014).

9. NRCS technical guide upland wildlife habitat management standard 645 (January, 2013).

(c) The landowner agrees to maintain the diversion for 10 years unless farming operations on the affected land are discontinued.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : am. (4) (b) 1. to 5., 7. and 9. Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (4) (b) 1. to 9. Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (4) (b) 3., 7., 8. Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (4) (b) 4. Register August 2016 No. 728 , eff. 9-1-16.