Wisconsin Farm Bureau Federation: Farm groups support runoff rule revamp

Contact: Paul Zimmerman, Wisconsin Farm Bureau, 608-828-5708

Jordan Lamb, DeWitt Ross & Stevens, 608-252-9358

Following farmer input, DNR approves NR 151

MADISON – A coalition of farm groups supports changes to Wisconsin’s nonpoint runoff rules following the implementation of practical farmer input. The state Natural Resources Board gave its approval today to the changes to the water quality rules (officially known as NR 151) at its meeting in Fitchburg.

“We appreciate that Secretary Frank and his staff listened to input from hundreds of farmers on which provisions needed changes and modifications, and which ones were simply unworkable on Wisconsin farms,” said Paul Zimmerman, Executive Director of Public Affairs for the Wisconsin Farm Bureau Federation.

“We are pleased with the time and careful attention that Wisconsin farmers devoted to the development of NR 151 throughout the public hearing and comment process. We believe that addressing agricultural nonpoint source pollution in Wisconsin in a workable manner is achieved by this rule and we support its adoption by the Natural Resources Board,” said Jordan Lamb, an agricultural attorney and lobbyist who represents the Wisconsin State Cranberry Growers Association, Wisconsin Potato & Vegetable Growers Association, Wisconsin Pork Association and Wisconsin Cattlemen’s Association.

“The first draft of this rule had the potential to put farmers out of business. Secretary Frank worked with us to create a rule that is actually modeled on good farming practices,” said Bob Oleson, Executive Director of the Wisconsin Corn Growers Association.

Farmer input prompted the DNR to make a number of changes to the original rewrite of NR 151 that was proposed earlier this year. Those changes include:

* Requiring tillage setbacks of 5 feet instead of 20 feet on farm fields adjacent to surface water.

* Modifying the definition of a feedlot so that farmers who do supplemental feeding of livestock in pastures do not fall under rules designed for feedlots.

* Containment provisions for processed wastewater (milkhouse waste and leechate from stacked feed) are aligned with other state regulations.

* A phosphorus index (PI) of 6 is established for cropland. The accounting period for a field’s phosphorus index would not be retroactive as originally proposed. Also, the phosphorus index will be codified and date-stamped, and the maximum one-year phosphorus index is increased from a PI of 10 to a PI of 12 to accommodate the unique needs of various crop rotations and agricultural practices.

In addition, two previously proposed changes to the rule that farmers found unacceptable were eliminated. The DNR will not seek to base nutrient management planning on the potential delivery of nutrients to surface water. Rather, nutrients will be managed in accordance with the needs of a crop.

Also, the DNR will continue to follow the administrative rulemaking process in cases where the agency determines that additional performance standards are needed to control nonpoint source pollution in order to meet surface water quality standards.

“Given the modifications and deletions of these six provisions, members of the agricultural community are in the unique position of supporting the NR 151 changes and will not be seeking modifications,” Zimmerman said. “We appreciate the method the DNR took to this process and are pleased that other environmental groups are supporting the changes as well. The rewrite of NR 151 is both workable for farmers and will help protect the environment.”