Section ATCP 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. A "diversion" can also be used to divert surface runoff water around farmsteads or agricultural waste systems to prevent water from becoming contaminated runoff, or both. "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 conservation practice standard 342 critical area planting (January, 2018).2. NRCS conservation practice standard 362 diversion (August, 2016).3. NRCS conservation practice standard 382 fence (January, 2014).4. NRCS conservation practice standard 412 grassed waterway (August, 2021).5. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).6. NRCS conservation practice standard 500 obstruction removal (June, 2021).7. NRCS conservation practice standard 606 subsurface drain (June, 2021).8. NRCS conservation practice standard 620 underground outlet (June, 2021).9. NRCS conservation practice standard 645 upland wildlife habitat management (January, 2013).(c) The landowner agrees to maintain the diversion for 10 years unless farming operations on the affected land are discontinued.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.70
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.Amended by, CR 14-047: am. (4) (b) 3., 7., 8. Register, Register May 2015 No. 713, eff.6/1/2015Amended by, CR 16-012: am. (4) (b) 4. Register August 2016 No. 728, eff. 9/1/2016Amended by, CR 16-083: am. (4) (b) 1., 2., 4., 6. Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 23-024: am. (1), (4) (b) 1. to 9. Register May 28 No. 821, eff. 6/1/2024