Section 50.96. Waterway systems.

 

(1)   Definition. In this section, "waterway system" means a natural or constructed waterway or outlet that is shaped, graded, and covered with a vegetation or another suitable surface material to prevent erosion by runoff waters.

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

(a) Costs for site preparation, grading, shaping, and filling.

(b) 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.

(c) Costs for the necessary removal of obstructions, the necessary installation of subsurface drains and underground outlets, and the necessary installation of machinery crossings.

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

(a) Waterways are permanently covered by vegetation or other suitable surface materials to prevent erosion. Close-sown small grains, annual grasses, or mulches may be used for temporary protection if followed by an appropriate permanent vegetative cover.

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

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

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

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

4. NRCS technical guide mulching standard 484 (March, 2013).

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

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

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

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

(c) The landowner agrees to maintain the waterway system 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. (3) (b) 1. to 4. and 6. Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (3) (b) 1. to 7., cr. (3) (b) 8. Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (3) (b) 2., 6., 7. Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (3) (b) 3. Register August 2016 No. 728 , eff. 9-1-16.