Wis. Admin. Code ATCP § ATCP 50.83

Current through November 25, 2024

Section ATCP 50.83 - Riparian buffers

(1) DEFINITION. In this section, "riparian buffer" means an area in which vegetation is enhanced or established to reduce or eliminate the movement of sediment, nutrients, and other nonpoint source pollutants to an adjacent surface water resource or groundwater recharge area, to protect the banks of streams and lakes from erosion, and to protect fish habitat.

(2) ELIGIBLE COSTS. A cost-share grant may reimburse any of the following costs:

(a) Permanent fencing to protect a riparian buffer.

(b) Costs to establish or enhance permanent vegetative cover in a riparian buffer, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, seed, seedling trees, and other necessary materials.

(c) Costs to shape, smooth, or prepare the riparian buffer before establishing a permanent vegetative cover.

(d) Costs for land removed from agricultural production to install a riparian buffer.

(3) DESIGN, CONSTRUCTION, AND MAINTENANCE STANDARDS. A cost-share grant may not reimburse riparian buffer costs unless all of the following conditions are met:

(a) The riparian buffer system complies with all of the following that apply:

1. NRCS conservation practice standard 342 critical area planting (January, 2018).

2. NRCS conservation practice standard 382 fence (January, 2014).

3. NRCS conservation practice standard 386 field border (January, 2017).

4. NRCS conservation practice standard 393 filter strip (January, 2017).

5. NRCS conservation practice standard 472 access control (January, 2018).

6. NRCS conservation practice standard 484 mulching (June, 2016).

7. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).

9. NRCS conservation practice standard 420 wildlife habitat planting (June, 2020).

(b) The landowner agrees to maintain the riparian buffer for 10 years unless farming operations on the affected land are discontinued.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.83

CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (a) 1., 2., 5. and 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (a) 1. to 3., 5. to 7., 9. Register February 2014 No. 698, eff. 5-1-14.

Amended by, CR 14-047: am. (3) (a) 2. Register, Register May 2015 No. 713, eff.6/1/2015

Amended by, CR 16-012: am. (3) (a) 4. Register August 2016 No. 728, eff. 9/1/2016

Amended by, CR 16-083: am. (3) (a) 1., 3. to 6. Register January 2018 No. 745, eff. 2/1/2018

Amended by, CR 23-024: am. (3) (a) 1. to 7., r. (3) (a) 8., am. (3) (a) 9. Register May 2024 No. 821, eff. 6-1-24; correction in (3) (a) 1. made under s. 35.17, Stats., Register May 28 No. 821, eff. 6/1/2024