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Nutrient Management
In 1997 Wis. Act 27 and 1999 Wis. Act 9, the legislature
directed the Department of Natural Resources (DNR) and the Department
of Agriculture, Trade, and Consumer Protection (DATCP) to redesign state
programs related to non-point source pollution. To meet this legislative
mandate the DATCP adopted ATCP 50 that identifies conservation practices
a farmer must follow to meet DNR's performance standards in NR 151. ATCP
50 also reflects DATCP's lead responsibility for nutrient management.
New! To access 590 Nutrient Application Restriction maps online. Click here.
New! Nutrient Management Planning - Protecting Wisconsin's rivers, lakes and drinking water by reducing farm runoff. Click here to view this new publication. (4 page PDF)
Agricultural Performance Standards in NR 151
Cropland Performance Standards:
- Control erosion to meet tolerable soil loss (T)
- Apply nutrients to crop needs (Nutrient Management NRCS 590 Technical
Standard)
Livestock Performance Standards:
- Construct manure storage facilities to standards (NRCS Technical Standard
313)
- Divert clean water around feedlots in water quality management areas
300' from streams and 1,000' feet to lakes (NRCS Clean Water Diversions
Technical Standard 362)
- Manure Management Prohibitions
- No overflow of manure storage structures
- No unconfined manure stacks in Water Quality Management Areas
- No direct runoff from feedlots or stored manure to waters of the
state.
- No unlimited livestock access to waters of the state so that adequate
sod cover cannot be maintained.
Nutrient Management
Standards in ATCP 50:
Farmers applying nutrients must have and follow an annual nutrient management
plan if required by a municipality or if cost sharing is offered. Nutrients
include manure, legume nitrogen, organic byproducts and commercial fertilizer.
The plan must comply with NRCS standard 590 and must include every field
on which the farmer mechanically applies nutrients.
Under NRCS standard 590:
- Soil must be tested a minimum of once every 4 years by an approved
soil test laboratory.
- Nutrient applications may not exceed the amounts required to achieve
crop fertility levels recommended by the University of Wisconsin Extension
publication A-2809 Soil Test Recommendations for Field, Vegetable and
Fruit Crops, unless the nutrient management planner documents a special
agronomic need for the deviation.
- No manure or organic byproducts may be applied:
- In waterways, or on frozen slopes greater than 9% (12% for contoured
areas with all crop residue remaining).
- Within 200 feet of groundwater conduits such as sinkholes, fractured
bedrock or wells unless incorporated into the soil within 72 hours.
Qualified planner:
A qualified nutrient management planner must prepare each nutrient management
plan. Persons holding one of the certifications below are presumptively
qualified to prepare a nutrient management plan.
-
National Association of Independent Crop Consultants Certified Professional Crop Consultants
http://www.naicc.org/Directory/bystate.cfm?c=wi
American Society of Agronomy Certified Crop Advisors and Professional Agronomists and Soil Science Society of America Soil Scientists
https://www.soils.org/certifications/
Farmers developing their own NM plan that complies with the 590 standard and submitting to DATCP a completed NM Planning Checklist form with their address. Click here to find NM forms.
Nutrient Management Performance Standard
Phased Implementation Dates:
- First applies to "new" cropland on October 1, 2003.
- First applies on Jan 1, 2005 to existing farming operations in or
near outstanding & exceptional resource waters, impaired resource
waters, and within source water protection areas.
- First applies on Jan 1, 2008 to all other existing farming operations.
Performance Standard Compliance
New vs. Existing Cropland & Operations
New - Includes fields without a crop history from anytime in the
last 10 years and changes to non-complying cropping practices at and after
the effective date of the performance standard. New operations also include
newly constructed portions of the facility to accommodate a change in
livestock, replaced manure storage liner, or a 20% increase in volume
or capacity of the facility. New operations may be required to comply
with the performance standard without cost sharing.
Existing - Includes cropland and livestock operations in existence
at the effective date of the performance standard and are not in compliance
with the performance standard. Existing operations may be required to
comply with the performance standard if an offer of cost sharing is made
to the producer.
Cost-Sharing
Counties typically use cost-share grants to encourage voluntary compliance.
In return for a cost-share grant, a farmer agrees to implement nutrient
management for a specified number of years. The county and farmer are
free to negotiate the contract terms, including the cost-share amount.
Different cost-share requirements apply if a county or local government
requires a farmer to implement nutrient management practices that change
an "existing" farming operation. In these cases, the county
or local government must offer cost sharing. If cost sharing is required,
the cost-share offer must cover at least 70% of the farmer's annual cost
to implement nutrient management (90% if there is an economic hardship).
The farmer may accept an alternative flat payment for some practices listed
in ATCP 50.42(2) Wis. Admin. Code.
If a county or local government cost-shares nutrient management for at
least 4 years at 70% or a flat rate of $7 per acre per year, it may then
require the farmer to continue this practices at the farmer's expense.
A county or local government may continue to cost-share if it chooses
to do so.
Local ordinances
A local livestock ordinance may not exceed state standards unless DATCP
or DNR finds that the ordinance is needed to protect water quality. A
livestock operator may challenge an ordinance in court if the operator
believes that it exceeds state standards and has not been approved by
DATCP or DNR.
A nutrient management plan required for a manure storage facility permit,
voluntarily constructed by a farmer, is not required to have cost share
provided under ATCP 50.54(2)(b). In other situations cost-sharing may
be required by ordinances requiring a farmer to prepare a nutrient management
plan for an existing operation, close an idle manure storage facility,
and repair or close a leaking or failing facility. A nutrient management
plan submitted by the applicant must comply with s. ATCP 50.04(3).
Bulk Fertilizer Sales
A person selling bulk agricultural fertilizer to a farmer must record
the name and address of the person who prepared the farmer's nutrient
management plan, if any. This rule does not prohibit sales to farmers
who do not yet have plans.
Soil Testing Laboratories
A nutrient management plan must be based on soil tests conducted by a
DATCP certified laboratory.
DATCP Certified laboratories:
Contacts:
For more information contact Sue
Porter 608-224-4605.
Nutrient Management Planning Page
Find nutrient management planning forms and other information to help
in the planning process, either for farmers or certified planners.
Other Resources Page
Find links to other resources that provide information on nutrient management
planning.
NEW! To access 590 Nutrient Application Restriction maps online. Click here.
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