Recent and upcoming changes to agricultural performance standards and manure management prohibitions
January 3, 2012
The Wisconsin Department of Natural Resources (WDNR) recently revised Chapter NR 151, Wisconsin Administrative Code, which establishes runoff performance standards for agricultural practices and manure management prohibitions for agricultural operations. The revised NR 151 was published in December 2010 and became effective on January 1, 2011. There are three major changes to the previous NR 151 rules.
The first significant change was the addition of the tillage setback performance standard. NR 151.03 (1) and (2) state, “No crop producer may conduct a tillage operation that negatively impacts stream bank integrity or deposits soil directly in surface waters. No tillage operations may be conducted within 5 feet of the top of the channel of surface waters. Tillage setbacks greater than 5 feet but no more than 20 feet may be required to meet this standard.” In addition, “adequate sod or self−sustaining vegetative cover that provides a minimum of 70% coverage” is required in the tillage setback area. This standard does not apply to grassed waterways installed as conservation practices.
A second important change is the phosphorus index performance standard. NR 151.04 (2) (a) states, “Croplands, pastures, and winter grazing areas shall average a phosphorus index of 6 or less over the accounting period and may not exceed a phosphorus index of 12 in any individual year within the accounting period.” It should be noted that the phosphorus index requirement for pastures is effective beginning July 1, 2012.
A final considerable change is the process wastewater handling performance standard. NR 151.055 (2) states, “There may be no significant discharge of process wastewater to waters of the state.” As defined by NR 243.03 (53), “’Process wastewater’ means wastewater from the production area directly or indirectly used in the operation of animal feeding operation that results from any or all of the following:
(a) Spillage or overflow from animal or poultry watering systems.
(b) Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding operation facilities.
(c) Direct contact swimming, washing, or spray cooling of animals or dust control.
(d) Water that comes into contact with any raw materials or animal byproducts including manure, feed, milk, eggs or bedding.”
Additional definitions for “feedlot” and “pasture” were also added and the definition of “direct runoff” was expanded in NR 151.015.
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has opened ATCP 50, the Soil and Water Resource Management Program rules, to address changes in NR 151. DATCP establishes conservation practices in ATCP 50 to meet the performance standards adopted under NR 151. Listening sessions on ATCP 50 rules changes prior to development, occurred in December 2011 and comments are being taken until January 15, 2012. Drafting of the ATCP 50 rules changes is slated to begin on January 16, 2012. Send any comments to Jim VandenBrook at DATCP jim.vandenbrook@wisconsin.gov
Written by Eric Cooley, etcooley@wisc.edu
Posted: January 3rd, 2012 under Uncategorized.