Wis. Admin. Code ATCP § ATCP 50.96

Current through November 25, 2024

Section ATCP 50.96 - Waterway systems

(1) DEFINITION. In this section, "waterway system" means a natural or constructed waterway or outlet that is shaped, graded, and covered with a vegetation or another suitable surface material to prevent erosion by runoff waters.

(2) ELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a waterway system:

(a) Costs for site preparation, grading, shaping, and filling.

(b) 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.

(c) Costs for the necessary removal of obstructions, the necessary installation of subsurface drains and underground outlets, and the necessary installation of machinery crossings.

(3) DESIGN, CONSTRUCTION, AND MAINTENANCE. A cost-share grant under s. ATCP 50.40 may not reimburse costs for a waterway system unless all of the following conditions are met:

(a) Waterways are permanently covered by vegetation or other suitable surface materials to prevent erosion. Close-sown small grains, annual grasses, or mulches may be used for temporary protection if followed by an appropriate permanent vegetative cover.

(b) The 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 412 grassed waterway (August, 2021).

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

5. NRCS conservation practice standard 500 obstruction removal (June, 2021).

6. NRCS conservation practice standard 606 subsurface drain (June, 2021).

7. NRCS conservation practice standard 620 underground outlet (June, 2021).

8. NRCS conservation practice standard 468 lined waterway or outlet (June, 2021).

(c) The landowner agrees to maintain the waterway system for 10 years unless farming operations on the affected land are discontinued.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.96

CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (b) 1. to 4. and 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (b) 1. to 7., cr. (3) (b) 8. Register February 2014 No. 698, eff. 5-1-14.

Amended by, CR 14-047: am. (3) (b) 2., 6., 7. Register, Register May 2015 No. 713, eff.6/1/2015

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

Amended by, CR 16-083: am. (3) (b) 1., 3. to 5. Register January 2018 No. 745, eff. 2/1/2018

Amended by, CR 23-024: am. (3) (b) 1. to 8. Register May 28 No. 821, eff. 6/1/2024