Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.07 - Nutrient management

Current through June 24, 2024
(1) All crop producers and livestock
				  producers that apply manure or other nutrients directly or through contract to
				  agricultural fields shall comply with this section.
Note: Manure management requirements for concentrated
					 animal feeding operations covered under a WPDES permit are contained in ch. NR
					 243.
(2) This performance
				  standard does not apply to the application of industrial waste and byproducts
				  regulated under ch. NR 214, municipal sludge regulated under ch. NR 204, and
				  septage regulated under ch. NR 113, provided the material is not commingled
				  with manure prior to application.
Note: In accordance with ss.
					 ATCP
					 50.04, 50.48 and 50.50, nutrient management planners,
					 Wisconsin certified soil testing laboratories and dealers of commercial
					 fertilizer are advised to make nutrient management recommendations based on the
					 performance standard for nutrient management, s. NR 151.07, to ensure that
					 their customers comply with this performance standard.
Note: If an application of material to cropland is
					 regulated under ch. NR 113, 204, or 214, the management practices, loading
					 limitations, and other restrictions specified in the applicable regulation
					 apply to that application. However, nutrient management plans developed in
					 accordance with this performance standard must account for all nutrient
					 sources, including industrial waste and byproducts, municipal sludge, and
					 septage. This means that the future application of manure and commercial
					 fertilizer may be restricted by this performance standard due to other
					 applications of industrial waste and byproducts, municipal sludge, and septage.
					 In addition, it means that if industrial waste and byproducts, municipal
					 sludge, or septage are placed in a manure storage structure and mixed with
					 manure, the commingled material is also covered by this standard and must be
					 accounted for by the producer when preparing and implementing a nutrient
					 management plan.
(3)
				  Manure, commercial fertilizer and other nutrients shall be applied in
				  conformance with a nutrient management plan.
(a) The nutrient management plan shall be
				  designed to limit or reduce the discharge of nutrients to waters of the state
				  for the purpose of complying with state water quality standards and groundwater
				  standards.
(b) Nutrient management
				  plans for croplands in watersheds that contain impaired surface waters or in
				  watersheds that contain outstanding or exceptional resource waters shall meet
				  the following criteria:
1. Unless otherwise
				  provided in this paragraph, the plan shall be designed to manage soil nutrient
				  concentrations so as to maintain or reduce delivery of nutrients contributing
				  to the impairment of impaired surface waters and to outstanding or exceptional
				  resource waters.
2. The plan may
				  allow for an increase in soil nutrient concentrations at a site if necessary to
				  meet crop demands.
3. For lands in
				  watersheds containing exceptional or outstanding resource waters, the plan may
				  allow an increase in soil nutrient concentrations if the plan documents that
				  any potential nutrient delivery to the exceptional or outstanding resource
				  waters will not alter the background water quality of the exceptional or
				  outstanding resource waters. For lands in watersheds containing impaired
				  waters, the plan may allow an increase in soil nutrient concentrations if a low
				  risk of delivery of nutrients from the land to the impaired water can be
				  demonstrated.
(c) In
				  this standard, impaired surface waters are waters identified as impaired
				  pursuant to
				  33 USC
				  1313(d) (1) (A) and
				  40
				  CFR 130.7. Outstanding or exceptional resource waters are identified in ch. NR
				  102.