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 151.09 - Implementation and enforcement procedures for cropland performance standards

Current through June 24, 2024
(1) PURPOSE. The purpose of this section is
				  to identify the procedures the department will follow in implementing and
				  enforcing the cropland performance standards pursuant to ss.
				  281.16(3)
				  and
				  281.98, Stats. This
				  section will also identify circumstances under which an owner or operator of
				  cropland is required to comply with the cropland performance standards. In this
				  section, "cropland performance standards" means performance standards in ss.
				  NR
				  151.005, 151.02, 151.03, 151.04, 151.07, and
				  151.075.
(2) ROLE OF
				  MUNICIPALITIES. The department may rely on municipalities to implement the
				  procedures and make determinations established in this section.
Note:
In most cases, the department will rely
					 on municipalities to fully implement the cropland performance standards. The
					 department intends to utilize the procedures in this section in cases where a
					 municipality has requested assistance in implementing and enforcing the
					 cropland performance standards or in cases where a municipality has failed to
					 address an incident of noncompliance with the performance standards in a timely
					 manner. The department recognizes that coordination between local
					 municipalities, the Department of Agriculture, Trade and Consumer Protection
					 and other state agencies is needed to achieve statewide compliance with the
					 performance standards. Accordingly, the department plans on working with
					 counties, the Department of Agriculture, Trade and Consumer Protection and
					 other interested partners to develop a detailed intergovernmental strategy for
					 achieving compliance with the performance standards that recognizes the
					 procedures in these rules, state basin plans and the priorities established in
					 land and water conservation plans.
Note:
The department implementation and
					 enforcement procedures for livestock performance standards relating to manure
					 management are included in s.
					 NR
					 151.095 and ch. NR 243.
(3) LANDOWNER AND OPERATOR REQUIREMENTS.
(a)
Introduction.
This
				  section identifies compliance requirements for landowners and operators based
				  on whether the cropland is existing or new and whether cost sharing is required
				  and made available to the landowner or operator.
(b)
General requirements.
If
				  any cropland is meeting a cropland performance standard on or after the
				  effective date of the standard, the cropland performance standard shall
				  continue to be met by the existing landowner or operator, heirs or subsequent
				  owners or operators of the cropland. If a landowner or operator alters or
				  changes the management of the cropland in a manner that results in
				  noncompliance with the performance standard, the landowner or operator shall
				  bring the cropland back into compliance, regardless of whether cost-sharing is
				  made available. This paragraph does not apply to croplands completing
				  enrollment determined to be existing under sub. (4) (b) 2.
Note:
The department or a municipality may use
					 conservation plans, cost share agreements, deed restrictions, personal
					 observations, landowner records, or other information to determine whether a
					 change has occurred.
(c)
Existing cropland requirements.
1. A landowner or operator of an existing
				  cropland, defined under sub. (4) (b), shall comply with a cropland performance
				  standard if all of the following have been done by the department:
a. Except as provided in subds. 2. and 3., a
				  determination is made that cost sharing has been made available in accordance
				  with sub. (4) (d) on or after the effective date of the cropland performance
				  standard.
b. The landowner or
				  operator has been notified in accordance with sub. (5) or (6).
2. A landowner or operator of
				  existing cropland, defined under sub. (4) (b), shall comply with a cropland
				  performance standard, regardless of whether cost sharing is available, in
				  situations where the best management practices and other corrective measures
				  needed to meet the performance standards do not involve eligible
				  costs.
3. A landowner or operator
				  of an existing cropland that voluntarily proposes to construct or reconstruct a
				  manure storage system shall comply with s.
				  NR 151.07,
				  regardless of whether cost sharing is made available, if the nutrient
				  management plan is required pursuant to a local permit for the manure storage
				  system.
Note:
Although the requirement for the
					 nutrient management plan in this subd. 3 is tied to construction of a new
					 manure storage system, the department intends to implement the nutrient
					 management standard through s. NR 151.09 rather than through s.
					 NR
					 151.095.
(d)
New cropland
				  requirements.
A landowner or operator of a new cropland, defined under
				  sub. (4) (b), shall comply with the cropland performance standards, regardless
				  of whether cost sharing is available.
Note:
Under s.
					 281.16(3)
					 (e), Stats., a landowner or operator may not
					 be required by the state or a municipality through an ordinance to bring
					 existing croplands into compliance with the cropland performance standards,
					 technical standards or conservation practices unless cost-sharing is available
					 in accordance with this section.