A revision to NR 151, the state’s runoff management rule, will create new targeted performance standards for manure application in parts of eastern Wisconsin with a particular type of fractured bedrock and shallow soils.
The proposed rule went unchanged during its review by three legislative committees and has been signed off by the state Department of Natural Resources Secretary Dan Meyer. Now, it awaits publication and will go into effect shortly.
The process to amend NR 151 started back in the spring of 2016. DBA has been
heavily involved in the process from the beginning. We commented on the first statements that announced how the rules might be revised, served on an advisory committee that looked at possible amendments, and submitted comments to challenge parts of the economic impact analysis and draft rule language.
Our goal was to make sure these rules were as practical as possible for farmers.
The area impacted by the new stand-ards has a type of fractured bedrock called Silurian Dolomite, which is found in 13 counties near Lake Michigan. Areas with that bedrock and shallow soils have a scientifically documented history of well contamination caused by manure application and septic systems. The new rules apply only in areas where soil depth is 20 feet or less. Maps are available to see if a farm might be impacted. If you need help finding such resources, please reach out to us.
Some of the proposed changes will mean little to permitted farms because they may be redundant. Others could be more impactful. The standards are broken down based on soil depths. The shallower the soil, the more restrictive the new rules.
Farms play a role in protecting our shared water resources, but they are not alone. These rule revisions are just one step. They are not perfect and more work needs to be done.
DBA is working to have better maps available for farmers trying to determine soil depth. We want these rules uniformly enforced where legally possible, so the burden of compliance does not just fall on permitted farms. Also, we want special measures taken to deal with contamination due to faulty wells and septic systems.
NR 151 is also part of a two-rule package designed to deal with non-point runoff. The new performance standards have been set, but the technical standards still need to be updated in ATCP 50. Soon, that rule will be revised, too, to address the new provisions in NR 151.
DBA plans on again playing a central role in the process. We will make sure any changes made to ATCP 50 consider feedback and concerns from farmers.
We fought to make the NR 151 changes as fair and reasonable as possible. Still, we know that this rule will pose a challenge for some farmers and we want to be a resource to them.
For help understanding how you might be affected, you can consult with your agronomist, county land and water staff or us at DBA.
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