The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") announces that it will hold public hearings on proposed rule changes relating to the soil and water resource management program (ch. ATCP 50).

DATCP will hold five public hearings at the time and place shown below.

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by March 20, 2013, by writing to Lisa Schultz, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911; or by emailing lisaj.schultz@wisconsin.gov; or by telephone at (608) 224-4604. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.

DATCP invites the public to attend the hearings and comment on the proposed rule changes.

Following the public hearings, the hearing record will remain open until April 30, 2013, for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, or to lisaj.schultz@wisconsin.gov, or to http://adminrules. wisconsin.gov.

You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4604 or by emailing lisaj.schultz@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules. wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.

This rule modifies ch. ATCP 50, Wis. Admin. Code, related to Wisconsin's soil and water resource management (SWRM) program. The department of agriculture, trade and consumer protection (“DATCP" or “department") administers the SWRM program under ch. 92, Stats. The SWRM program is designed to conserve the state's soil and water resources, reduce soil erosion, prevent pollution runoff and enhance water quality.

Chapter 92 and ss. 71.57 to 71.61, 71.613 (3), 91.80 and 91.82, and 281.16, Stats.

Sections 91.82 (3), 92.05 (3) (c) and (k), 92.14 (8), 92.15 (3) (b), 92.16, 92.18 (1), 93.07 (1), and 281.16 (3) (b) and (c), Stats.

DATCP has responsibilities imposed by statute for implementing the state's nonpoint source pollution control program. Section 281.16, Stats., requires that DATCP develop rules to implement department of natural resources (DNR) farm runoff standards, also known as the agricultural performance standards adopted in ch. NR 151, Wis. Adm. Code (NR 151). Chapter 92, Stats., establishes the framework for DATCP to operate a statewide program that includes implementation of farm conservation practices, approval of county land and water resource management plans, administration of soil and water resource management grants, oversight of manure storage and other local regulations covering livestock operations, provision of training and engineering practitioner certification, and standards for cost-sharing practices. Through ch. ATCP 50, Wis. Adm. Code (ATCP 50), DATCP carries out these responsibilities. Among other things, ATCP 50 ensures that implementation of the farm runoff standards is contingent on cost-share requirements (see s. ATCP 50.08).

As explained above, this rule is related to s. 281.16, Stats., and ch. NR 151. Chapter 92, Stats., establishes the framework for DATCP to operate a statewide soil and water resource management program. This rule also implements the soil and water conservation requirements in subch. V of ch. 91, Stats.

Chapter ATCP 50 is being revised primarily to implement the new and modified farm runoff control standards adopted by the DNR in 2011. These new and modified DNR standards (referred to as “2011 DNR standards") require farmers to improve pasture management, maintain a tillage setback, control discharges of process wastewater, meet Phosphorus Index targets for nutrient management, and meet targeted performance standards for Total Maximum Daily Loads (TMDLs). Under state law, DATCP is responsible for developing conservation practices and other components to implement performance standards for farms. In most cases, farmers cannot be required to implement new and modified performance standards unless they receive an offer of 70 percent cost-sharing.

Other changes in the rule are designed to improve administration of the SWRM program, including grants management, cost-sharing and establishing qualifications of engineering practitioners certified under the program.

Among other things, this rule will:

The following provides more detailed analysis by subchapter.

To implement the 2011 DNR standards, this rule modifies the farm conservation practices as follows:

Subject to the cost-share requirements in this rule, which remain unchanged, landowners must implement these new farm conservation practices to achieve compliance with the 2011 DNR standards. As part of this rule revision, however, DATCP plans to phase-in compliance with the 2011 DNR standards for landowners who claim Farmland Preservation Program (FPP) tax credits. This phase-in will enable farmers to plan in advance for necessary changes in conservation practices on their farms, and allow an orderly transition for counties from a system focused on implementation of the original performance standards (adopted by DNR in 2002) to the new standards (adopted by DNR in 2011).

This rule continues to allow farmers to choose the best way to comply with this rule. A farmer may choose between conservation practices that are appropriate for his or her farm, as long as those practices achieve compliance. In creating a cost-share standard for feed storage runoff control systems, this rule includes a note that explains the options to address a feed storage discharge, pointing out that farmers' choices may be affected by whether they receive state and other cost-sharing funds intended to achieve long-term prevention and other conservation objectives. Farmers continue to have access to a range of resources such as DATCP, UW-Extension, NRCS and the county land and water conservation departments to secure technical assistance.

DATCP has not changed the requirement for cost-sharing availability when a landowner is required to install conservation practices that change “existing" agricultural facilities or practices. However, the DNR rule revision in 2011 changed the definition of “existing" and “new" agricultural facilities and practices for cost-share purposes. DNR's rule did make changes in cost-sharing requirements in certain cases where landowners must close unused manure storage structures. This rule changes the cost-sharing provisions for landowners installing conservation practices in non-farm settings.

In addition to addressing 2011 DNR standards, this rule incorporates the changes to the conservation compliance requirements for FPP to reflect the passage of the Working Lands Initiative in 2009 Act 28, the state's 2009-2011 biennial budget (codified primarily in ch. 91, Stats.). The key changes are as follows: