Wis. Admin. Code ATCP § ATCP 50.733

Current through November 25, 2024
Section ATCP 50.733 - Habitat diversification
(1) DEFINITION. In this section, "habitat diversification" refers to the establishment and maintenance of native vegetative cover in an agricultural setting to provide habitat for wildlife and pollinator species.

Note: Habitat diversification practices convert small areas of agricultural fields to native stands of vegetation that augment normal agricultural operations; for example, establishing prairies strips within an agricultural field, or converting a small unproductive portion of an agricultural field to native pollinator habitat. While wildlife and pollinator habitat is the primary resource concern, the intention of these practices is to also provide water quality, soil health, and air quality benefits.

(2) ELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs:
(a) The cost of fencing to protect the planted native vegetation.
(b) The cost to establish and manage vegetative cover, or to provide temporary cover until the planting is established. This may include costs for mulch, seed, and other necessary materials.
(c) The cost to shape, smooth, or prepare the site before establishing native vegetative cover.
(3) INELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following for habitat diversification:
(a) Plantings that include introduced species.
(b) Whole-field conversion.
(c) Fertilizing grass plantings.
(d) Pasture plantings.
(4) DESIGN, CONSTRUCTION, AND MAINTENANCE. A cost-share grant under s. ATCP 50.40 may not reimburse habitat diversification costs unless all of the following conditions are met:
(a) The habitat diversification practices comply with all of the following that apply:
1. NRCS conservation practice standard 420 wildlife habitat planting (June, 2020).
2. NRCS conservation practice standard 386 field borders (January, 2017), which must include the additional criteria to provide wildlife food and cover and pollinator or other beneficial organisms and the considerations to enhance wildlife, or pollinator value, or both.
3. NRCS conservation practice standard 472 access control (January, 2018).
4. NRCS conservation practice standard 393 filter strips (January, 2017), which must include the considerations for creating, restoring, or enhancing herbaceous habitat for wildlife and beneficial insects and pollinators.
5. NRCS conservation practice standard 382 fence (January, 2014).
6. NRCS Wisconsin agronomy technical note 5 establishing and maintaining native grasses, forbs and legumes (April, 2013).
7. NRCS Wisconsin guidance document 420 habitat development for pollinators and butterflies (August, 2022).
(b) Following establishment of native vegetative cover, management of habitat complies with all of the following that apply:
1. NRCS conservation practice standard 338 prescribed burning (March, 2016).
2. NRCS conservation practice standard 314 brush management (April, 2017).
3. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).
(c) The landowner agrees to maintain the native vegetation for 10 years.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.733

Adopted by, CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (4) (b) 3. made under s. 35.17, Stats., Register May 28 No. 821, eff. 6/1/2024