Rule revision: Making solutions fair

The state Department of Natural Resources (DNR) last month released its proposed revisions for NR 151, the administrative rule that deals with runoff management. This is the first attempt at creating targeted regional performance standards to better address water quality concerns.

The initial reception by several agricultural and environmental groups has been cautiously optimistic. This goes for DBA as well.

NR 151, together with its sister rule at the Department of Agriculture, ATCP 50, form the backbone of water quality regulations for agriculture. The current DNR rule contains numerous statewide performance standards that are further implemented by corresponding technical standards in ATCP 50. It also gives DNR the authority to create targeted standards in areas where existing standards fail to meet water quality goals.

This most recent attempt at rulemaking was undertaken, in large part, because of well contamination issues in Kewaunee County. Well water quality has been studied more intensely in that county than anywhere else in the state. The newest scientific data show that wells have issues with nitrates, pathogens or both. It also shows that animal agriculture and septic systems are both contributing to the problem.

If implemented, the new performance standards would target the portion of the state that has Silurian dolomite. This type of rock is found in a line from the tip of the Door Peninsula to the Illinois state line. The focus will be land with less than 20 feet of soil over bedrock. The counties with the most land affected (from north to south) would be Door, Kewaunee, Manitowoc, Calumet and Fond du Lac.

The proposed requirements would depend on the depth of the soil, becoming strictest where there is the least soil. For example, no mechanical application of manure would be allowed in areas with less than 2 feet of soil. New wintertime manure application restrictions would be put in place for soils less than 5 feet deep. Both changes would move farms of various sizes closer to what is already expected of larger permitted farms. 

The same is partially true of the new manure application setbacks proposed for the identified area. Some mirror those CAFOs statewide already have, such as the 1,000 feet setback for community wells. Others are stricter; for example, the setback for any drinking water well would be 250 feet in the targeted area, instead of the 100 feet all CAFOs must follow now.

Some of the other targeted performance standards proposed in the draft are new. They would go beyond existing standards for any farm regardless of size. Generally, the draft rule emphasizes incorporation of solid manure and cover crops for fields receiving liquid manure. The rule attempts to provide farmers with options for compliance, which may include reduced application rates, split applications, fertigation and manure treatment to kill pathogens.

The rule is out for public comment on its economic impact statement until early August. DBA will be preparing comments. It is anticipated that the rule will go before the Natural Resources Board soon. If the board agrees, it will advance to public hearings. Comments received during these hearings could result in further rule changes. Ultimately, after some likely changes, the rule will go back to the Natural Resources Board before going to the Legislature and governor’s office for final approval.

Throughout the process, we will also be working with other partners in agriculture to make additional improvements to the rule. Our focus will be on pushing for uniformity between different rules and standards wherever possible. Farmers should not have to navigate their way through three or four conflicting sets of standards. We also want to see this rule made applicable to farms of various sizes in a fair way.

Additionally, when this rule is finalized we want to ensure that changes to the rules for septic systems are next in line. Everyone has a role to play in addressing water quality issues.