BOTH the Department of Agriculture, Trade and Consumer Protection (DATCP) and the Department of Natural Resources (DNR) are proposing new rules and regulations dealing with nonpoint source pollution.  These rules will have a great effect on agricultural producers, whether they produce livestock, grains or other products.  The following summarizes the agricultural provisions of these rules and provides the dates for local public hearings. 

        It is important to understand that the DNR is charged with developing the performance standards, while DATCP must develop the technical standards.  Performance standards are the goals and overriding principles that must be attained by producers.  Technical standards are the methods to achieve the performance standards.  Therefore, the technical standards are developed around the performance standards.

Department of Natural Resources Proposal

Performance Standards

NR 151: Runoff Management

·         Sheet, rill and wind erosion:  All land where crops are grown shall be cropped to achieve a soil erosion rate equal to or less than the tolerable (T) rate established for that soil.  This rate is to be selected with locally selected formulas, tools or models.

·         Concentrated flow channels:  Grass vegetation must be established and maintained in concentrated flow areas to reduce sedimentation of surface waters.

·         Soil loss from riparian fields:  Soil loss from any field or pasture within water quality management areas (WQMA) that drain to navigable surface waters may not exceed 0.33 tons.

        A WQMA is the area within 1,000 feet of a lake, pond or flowage; the area within 300 feet of a river or stream (including intermittent streams) or an area susceptible to groundwater contamination, or having the potential to directly carry contamination to groundwater.  DNR defines areas susceptible to groundwater contamination as sinkholes or areas with less than three feet of soil to bedrock or groundwater.

·         Manure storage facilities:  All livestock producers building new storage facilities or substantially altering existing storage facilities must follow the 313 standard (NRCS standards for construction).

·         Clean water diversions:  All livestock producers within a WQMA must comply with this section.  Runoff from buildings and fields shall be diverted away from feedlots, manure storage areas, and barnyards.

·         Nutrient management:  All crop and livestock producers shall comply by developing 590 plans.

·         All livestock producers must adopt and follow the animal waste advisory committee prohibitions (AWAC) which include:

• No overflow of manure storage facilities

• No unconfined manure piles in WQMA

• No direct runoff from feedlots or stored manure into the waters of the state

• No unlimited accesses by livestock to waters of the state in a location where high animal concentrations prevent adequate sod cover.

 

NR 154: Best Management Practices, Technical Standards and Cost Share Conditions

In this proposed rule, DNR establishes best management practices and technical standards for both agricultural and nonagricultural sources.  The concerns that affect agricultural producers include:

1.     If significant wildlife habitat is lost because of the implementation of a BMP, this habitat shall be replaced.

2.     The DNR wants to require the incorporation of manure, yet this may not be possible if producer is also required to go to no-till.

3.     The DNR would require that manure stored in a manure storage facility be incorporated within three days.

Dept. of Agriculture, Trade and Consumer Protection Proposal

Conservation Practices and Technical Standards to Implement the DNR Performance Standards ATCP 50

A.    Practices that would go into effect when rule is approved:

1.     Livestock operations:  A farmer must manage livestock operations so that none of the following occur (these practices are prohibited by current law):

• Overflows from manure storage facilities.

• Unconfined manure piles in water quality management areas.

• Unrestricted livestock access to waters of the state that prevents the maintenance of sod cover adjacent to those waters.

• Direct runoff from animal feeding operations, or from stored manure, to waters of the state.

2.     Manure applications:  A farmer may not apply more than 75 lbs. of P₂O₅ per acre per year in the form of unincorporated manure or organic material.

3.     Manure storage facilities:  A farmer must comply with standards in this rule if the farmer constructs, moves, enlarges, reconstructs or abandons a manure storage facility.  The manure storage facility must comply with the NRCS 313 standard.

 

B.    Farm practices required in “high priority watersheds” after December 31, 2006 and everywhere else after December 31, 2010.

1.     Annual nutrient management plan:  A farmer applying manure or commercial fertilizer must have an annual nutrient management plan, and must follow that plan.

2.     Nutrient management plan; preparation:  A qualified nutrient management planner must prepare each plan required under this rule.  A farmer may prepare a nutrient management plan if the farmer is a qualified nutrient management planner. A person selling bulk fertilizer to a farmer, for application after December 31, 2006, must record the name and address of the nutrient management planner who prepared the farmer’s nutrient management plan (if the farmer has a plan).

3.     Nutrient management plan; contents:  A nutrient management plan must be based on soil tests and must comply with standards under this rule.  Nutrient applications may not exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin in UWEX publication A-2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops (copyright 1998), unless the nutrient management planner documents a special agronomic need for the deviation.

4.     Clean water diversion:  A farmer must divert clean water runoff from entering any feedlot or barnyard located in a water quality management area.

5.     Soil erosion:  A farmer must manage croplands and cropping practices so that soil erosion rates on cropped soils do not exceed a tolerable rate (“T”).  For most soils, the tolerable rate (“T”) is equivalent to 3 to 5 tons of soil loss per acre per year.  Soil erosion on cropped fields in water quality management areas may not exceed ½ T (DNR wants this set at 1/3 T). 

3.     Grass waterways in cropland areas:  A farmer must maintain grass cover in highly erodible intermittent waterways in cropland areas.

C.        Exemptions

To comply with this rule, a farmer may need to discontinue or modify certain agricultural facilities or practices. However, the rule does not require a farmer to discontinue or modify that part of an agricultural facility or practice that was constructed or begun prior to the effective date of this rule unless one of the following applies:

1      The farmer can comply without incurring significant out-of-pocket or opportunity costs.  Opportunity costs may include, for example, losses in net income that occur when land is taken out of agricultural production or crop value is impaired because of the change.

2      A federal, state or local government unit offers the farmer cost-share funding to cover at least 70% of the farmers’ cost to comply.