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

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.

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

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).

   Note: 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.

3. (3) Nutrient management plan.

   1. (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.

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

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

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

   4. (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. 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. 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%.
   5. (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.

   6. (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. 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.

         Note: 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.

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

   7. (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).

      Note: 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.

   8. (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:

      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).

         Note: 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.

      2. 2. Excess nutrients are the result of an unforeseen change in the type of crop planted.
      3. 3. Excess nutrients are the result of manure applications made in the last year prior to the implementation of the nutrient management plan.

      4. 4. Other special agronomic conditions documented by the nutrient management planner. A nutrient management planner who wishes to justify higher applications shall include credible information to show that the higher applications will not materially increase environmental damage.

         Note: The 2012 edition of the UWEX publication A2809 is 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.

   9. (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 and in accordance with s. ATCP 65.22 (6) (c). 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.
   10. (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.
   11. (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 who is qualified under s. ATCP 50.48.

4. (4) Tillage setback.

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

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

         1. a. Consider bank materials, height, slope, cause of bank erosion, soil type, and other factors that affect bank integrity.
         2. b. Use best professional judgment, based on the latest technical standards and practices required under this chapter.
         3. c. Follow a consistent approach in making determinations for increased setback distances by consulting with NRCS or department engineering specialists.
         4. d. Provide the landowner with a written statement documenting the findings and conclusions in support of the increased setback distance.
   3. (c) Determinations regarding compliance with this standard may be appealed as authorized under s. 227.42, Stats., or other provisions of law.

5. (5) Silurian Bedrock.

   1. (a) A landowner shall manage cropland or pasture, or both, to achieve compliance with DNR performance standard for Silurian Bedrock under s. NR 151.075.

   2. (b) A landowner is not required to comply with this section unless all of the following conditions are met:

      1. 1. They mechanically apply manure to cropland or pasture areas.
      2. 2. The cropland or pasture, or both, is located in an area of Silurian bedrock.

   3. (c) A landowner is presumed to comply with this section if all of the following apply:

      1. 1. The landowner’s nutrient management plan is written in accordance with s. ATCP 50.04 (3) and the plan incorporates the restrictions and prohibitions set forth in s. NR 151.075 where applicable.

      2. 2. The landowner uses any of the following, or any combination of the following:

         1. a. Silurian bedrock maps developed by the department of agriculture, trade and consumer protection, the department of natural resources, or both, maps available from the University of Wisconsin department of soil science, maps available from the Wisconsin geological and natural history survey, or NRCS soil survey maps.
         2. b. In-field bedrock verification conducted in compliance with s. ATCP 50.925.

      3. 3. The landowner uses weather and precipitation predictions to determine the appropriate timing of manure application.

         Note: The Runoff Risk Advisory Forecast is an optional tool that highlights the highest risk within the forecast period of 3 days, with an extended forecast period of 10 days in the presence of frozen soils or snow, found at: http://www.manureadvisorysystem.wi.gov/runoffrisk/index.

   4. (d) A landowner under par. (b) has until April 1, 2027, to comply with par. (a).

History

History: 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; CR 16-083: am. (1), (3) (dm) 1., (e), (f) (intro.), (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (2), (3) (a), (dm) 1., (e), (f) 1., 4., r. (3) (h), am. (3) (i), cr. (4) (c), (5) Register May 2024 No. 821, eff. 6-1-24; correction in (5) (d) made under s. 35.17, Stats., Register May 2024 No. 821.