Section ATCP 50.882 - Stream restoration(1) DEFINITION. In this section "stream restoration" means applying combinations of practices designed to the extent possible to restore or repair healthy channel conditions, connections, and functions adjacent to or upstream from erosion-prone agricultural lands or to address other resource concerns. These practices shall be installed to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or to increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. These practices can also be used to reduce or repair erosion, maintain water supply, maintain sediment transport continuity, restore natural drainage, and stabilize banks. Stream restoration practices may improve fish and wildlife habitat as an incidental benefit. Stream restoration may include any of the following components: (a) Hydrologic restoration under s. ATCP 50.74.(b) Streambank or shoreline protection under s. ATCP 50.88.(c) Stream crossing under s. ATCP 50.885.(d) Waterway systems under s. ATCP 50.96.(e) 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 stream 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 critical 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 stream restoration costs unless all of the following conditions are met: (a) The stream 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 342 critical area planting (January, 2018).4. NRCS conservation practice standard 356 dike (September, 2016).5. NRCS conservation practice standard 382 fence (January, 2014).6. NRCS conservation practice standard 391 riparian forest buffer (January, 2013).7. NRCS conservation practice standard 395 stream habitat improvement and management (September, 2021).8. NRCS conservation practice standard 396 aquatic organism passage (July, 2016).9. NRCS conservation practice standard 472 access control (January, 2018).10. NRCS conservation practice standard 484 mulching (June, 2016).11. NRCS conservation practice standard 554 drainage water management (August, 2021).12. NRCS conservation practice standard 582 open channel (September, 2021).13. NRCS conservation practice standard 584 channel bed stabilization (September, 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 643 restoration of rare or declining natural communities (May, 2014).(b) The landowner agrees to maintain the stream restoration treatments for 10 years.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.882
Adopted by, CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (2) (a) made under s. 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 7, Stats., and correction in (4) (a) 3., 8. made under s. 35.17, Stats, Register May 28 No. 821, eff. 6/1/2024