Section ATCP 50.74 - Hydrologic restoration(1) DEFINITION. In this section "Hydrologic restoration" means applying combinations of practices designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such agricultural goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. These practices can also be used to reduce or repair erosion and maintain water supply. These benefits are achieved by improving hydrologic conditions, connections, and functions. Hydrologic restoration practices may improve and protect fish and wildlife habitat as an incidental benefit. Hydrologic restoration may include any of the following components: (a) Diversions under s. ATCP 50.70.(b) Grade stabilization structures under s. ATCP 50.73.(c) Streambank or shoreline protection under s. ATCP 50.88.(d) Stream restoration under s. ATCP 50.882.(e) Stream crossing under s. ATCP 50.885.(f) Subsurface drains under s. ATCP 50.90.(g) Underground outlets under s. ATCP 50.92.(h) Water and sediment control basins under s. ATCP 50.95.(i) Waterway systems under s. ATCP 50.96.(j) Wetland development or restoration under s. ATCP 50.98.(2) ELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to hydrologic restoration:(a) Costs for system components under subs. (1) and (4) that are eligible for reimbursement under this subchapter.(b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed, and other necessary materials.(c) Costs to purchase and install permanent fencing around the project area.(d) Preparatory shaping and smoothing operations.(e) Costs for site preparation, grading, shaping and filling.(3) INELIGIBLE COSTS. Except for violations of this chapter or ch. NR 151, a cost-share grant under s. ATCP 50.40 may not reimburse costs related to mitigation or correction of a violation of state or local law.(4) DESIGN, CONSTRUCTION, AND MAINTENANCE STANDARDS. A cost-share grant under s. ATCP 50.40 may not reimburse hydrologic restoration costs unless all of the following conditions are met: (a) The hydrologic restoration complies with all of the following that apply: 1. NRCS conservation practice standard 315 herbaceous weed treatment (June, 2016).2. NRCS conservation practice standard 327 conservation cover (January, 2013).3. NRCS conservation practice standard 332 contour buffer strips (July, 2016).4. NRCS conservation practice standard 338 prescribed burning (March, 2016).5. NRCS conservation practice standard 342 critical area planting (January, 2018).6. NRCS conservation practice standard 356 dike (September, 2016).7. NRCS conservation practice standard 382 fence (January, 2014).8. NRCS conservation practice standard 386 field border (January, 2017).9. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).10. NRCS conservation practice standard 396 aquatic organism passage (July, 2016).11. NRCS conservation practice standard 472 access control (January, 2018).12. NRCS conservation practice standard 484 mulching (June, 2016).13. NRCS conservation practice standard 554 drainage water management (August, 2021).14. NRCS conservation practice standard 587 structure for water control (January, 2018).15. NRCS conservation practice standard 604 saturated buffer (June, 2021).16. NRCS conservation practice standard 654 road/trail/landing closure and treatment (January, 2018).17. NRCS conservation practice standard 666 forest stand improvement (October, 2017).(b) The landowner agrees to maintain the hydrologic restoration treatments for 10 years.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.74
Adopted by, CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (1), (2) (a), (4) (a) 10., 17 made under s. 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 7, Stats., Register May 28 No. 821, eff. 6/1/2024