The following terms, as used in this article, are defined as
follows:
A person who applies fertilizer for hire.
Any substance containing one or more plant nutrients, which
is used for its plant nutrient content and which is designed for use
or claimed to have value in promoting plant growth, except unmanipulated
animal or vegetable manures, marl and liming material.
A person who applies fertilizer but not for hire.
This article shall apply within the boundaries of the Whitewater
Lake Management District, hereafter called "lake district."
No person, firm, corporation, franchise, commercial applicator
(whether or not licensed by the Wisconsin Department of Agriculture,
Trade and Consumer Protection), noncommercial applicator, property
owner or tenant shall apply lawn fertilizer in any form containing
any amount of phosphorous or any amount of any other compound containing
phosphorous, such as phosphate, within the lake district, except as
follows:
A.
Naturally occurring phosphorous in unadulterated natural or organic
fertilizing products such as yard waste compost.
B.
Lawn areas where soil tests confirm that the soil contains levels
of phosphorous below the quantity in typical soils in southeastern
Wisconsin. If this exception applies, the amount of phosphorous applied
shall not exceed the appropriate application rate recommended in the
soil test and shall be incorporated into the soil to minimize runoff.
C.
Application to any farming or agricultural business, providing the
use of fertilizers is related to the growth of a product or maintenance
of growing fields. Appropriate steps shall be taken to incorporate
the fertilizer into the soil to minimize runoff. This exception shall
not apply to lawn areas on a farm or agricultural business.
[12-10-2003]
No person, firm, corporation, franchise, commercial applicator
(whether or not licensed by the Wisconsin Department of Agriculture,
Trade and Consumer Protection), noncommercial applicator, property
owner or tenant shall apply any fertilizer to the following locations:
A.
To impervious surfaces, drainage ditches, waterways, natural buffer
zones, delineated wetlands, below the ordinary high-water mark, or
within 10 feet of any wetland or water resource, except as follows:
(1)
Application
to any farming or agricultural business, providing the use of fertilizers
is related to the growth of a product or maintenance of growing fields.
Appropriate steps shall be taken to incorporate the fertilizer into
the soil to minimize runoff. This exception shall not apply to lawn
areas on a farm or agricultural business.
Violations of any provision of this article shall be subject
to forfeitures pursuant to the fee schedule that shall be kept on
file with the Town Clerk in addition to the costs of prosecution.
