Feed for /1997/statutes/statutes/92 PDF
92.10(2) (2)Purposes. The purposes of the land and water resource management planning program are to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality and focus on severe soil erosion problems.
92.10(3) (3)Identification of priority counties.
92.10(3)(a)(a) Identification. The department shall identify priority soil erosion control counties.
92.10(3)(b) (b) Criteria. In identifying priority soil erosion control counties, the department shall consider the following factors:
92.10(3)(b)1. 1. The amount of cropland in the county.
92.10(3)(b)2. 2. The magnitude and extent of cropland erosion in the county.
92.10(3)(b)3. 3. The availability of soil survey information in the county.
92.10(4) (4)Implementation; department duties.
92.10(4)(a)(a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the land information board under s. 16.967 in developing this methodology or any related activities related to land information collection.
Effective date note NOTE: Par. (a) is amended eff. 9-1-03 by 1997 Wis. Act 27 to read:
Effective date text (a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion.
92.10(4)(c) (c) Plan assistance. The department shall assist land conservation committees in preparing land and water resource management plans. The department may allocate funds appropriated under s. 20.115 (7) (c) to land conservation committees in identified priority counties to cover up to 50% of the cost of preparing land and water resource management plans.
92.10(4)(d) (d) Plan review. The department shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.
92.10(5) (5)Implementation; board duties.
92.10(5)(a)(a) Plan review. The board shall review land and water resource management plans submitted by the land conservation committees and make recommendations to the department.
92.10(5)(b) (b) Solicit comments. The board shall solicit comments on land conservation committee plans from the agencies identified as advisers to the board under s. 15.135 (4).
92.10(6) (6)Implementation; committee duties.
92.10(6)(a)(a) Plan preparation. A land conservation committee shall prepare a land and water resource management plan which does all of the following:
92.10(6)(a)1. 1. Specifies maximum acceptable rates of soil erosion.
92.10(6)(a)2. 2. Identifies the parcels and locations of the parcels where soil erosion standards are not being met.
92.10(6)(a)3. 3. Identifies the land use changes or management practices which would bring each area of land into compliance with standards adopted by the land conservation committee.
92.10(6)(a)4. 4. Specifies procedures to be used to assist landowners and land users in controlling soil erosion.
92.10(6)(a)5. 5. Establishes priorities for controlling soil erosion.
92.10(6)(a)6. 6. Identifies causes, other than soil erosion, of nonpoint source water pollution.
92.10(6)(a)7. 7. Describes all proposed county activities related to nonpoint source water pollution.
92.10(6)(b) (b) Notification. A land conservation committee shall notify landowners and land users of the results of any determinations concerning soil erosion rates and nonpoint source water pollution, and provide an opportunity for landowners and land users to present information relating to the accuracy of the determinations during preparation of the land and water resource management plan.
92.10(6)(c) (c) Hearings. A land conservation committee shall hold one or more public hearings on the land and water resource management plan.
92.10(6)(d) (d) Plan submission. A land conservation committee shall submit the land and water resource management plan to the board and department.
92.104 92.104 Soil and water conservation plan.
92.104(1) (1)Preparation. A land conservation committee shall ensure that a soil and water conservation plan is prepared for land covered by a farmland preservation agreement.
92.104(2) (2)Approval. A soil and water conservation plan approved by the land conservation committee is required to be included in the farmland preservation agreement.
92.104(3) (3)Monitoring. A county land conservation committee shall ensure that a soil and water conservation plan incorporated in a farmland preservation agreement is followed except that deviations may be allowed if, in the judgment of the land conservation committee, personnel are not available to lay out the suggested practices on the land or if practices are not economical for the owner to adopt.
92.104(4) (4)Noncompliance. If the land conservation committee determines that farming operations are not being conducted in compliance with a soil and water conservation plan and that the deviation is not permitted under sub. (3), it shall issue a notice of noncompliance to the farmer and send a copy to the department of revenue. This notice remains in effect until canceled. If actions are taken to comply with the soil and water conservation plan in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and the department of revenue.
92.104(5) (5)Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed.
92.104(6) (6)Applicability. This section and a soil and water conservation plan prepared under this section apply to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on a farmland preservation agreement applied for prior to July 1, 1986.
92.104 History History: 1985 a. 29; 1987 a. 312 s. 17.
92.105 92.105 Soil and water conservation standards.
92.105(1) (1) Establishment. A land conservation committee shall establish soil and water conservation standards. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). It shall submit these standards to the board for review.
92.105(2) (2)Guidelines; review. The board shall develop guidelines to be used for the establishment and administration of soil and water conservation standards. The board shall review and shall approve or disapprove submitted soil and water conservation standards based on the guidelines it develops. If the board approves soil and water conservation standards, it shall notify any appropriate zoning authority of its approval.
92.105(3) (3)Approved standards required for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 for claims relating to any land to which this section applies unless the land conservation committee for the county where the property is located establishes soil and water conservation standards which are approved by the board.
92.105(4) (4)Monitoring. The land conservation committee shall monitor compliance with soil and water conservation standards on land to which this section applies.
92.105(5) (5)Noncompliance. If the land conservation committee determines that farming operations on land to which this section applies do not comply with soil and water conservation standards, it shall issue a notice of noncompliance to the farmer and send a copy of the notice to any appropriate zoning authority. If no appropriate zoning authority exists, it shall send a copy to the department of revenue. This notice of noncompliance remains in effect until canceled. If actions are taken to comply with the soil and water conservation standards in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and by sending a copy of the cancellation to any appropriate zoning authority. If no appropriate zoning authority exists or if the original notice was sent to the department of revenue, it shall send a copy of the cancellation to the department of revenue.
92.105(6) (6)Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed.
92.105(7) (7)Applicability.
92.105(7)(a)(a) General applicability; farmland preservation. This section and soil and water conservation standards established under this section apply only to a person claiming a farmland preservation credit under subch. IX of ch. 71, land related to that claim and farming operations on that land and apply only as provided under pars. (b) to (d).
92.105(7)(b) (b) Participants eligible under new farmland preservation agreements. This section and soil and water conservation standards established under this section apply to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based upon a farmland preservation agreement applied for on or after July 1, 1986.
92.105(7)(c) (c) Existing participants under exclusive agricultural zoning. This section and soil and water conservation standards established under this section apply beginning on January 1, 1988, to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on exclusive agricultural zoning and if a farmland preservation credit was received by that person for property taxes on the same land accruing in 1984 or any prior year.
92.105(7)(d) (d) New participants under exclusive agricultural zoning. This section and soil and water conservation standards established under this section apply beginning on July 1, 1986, to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on exclusive agricultural zoning and if a farmland preservation credit was not received by that person for property taxes on the same land in 1984 or any prior year.
92.105 History History: 1985 a. 29, 332; 1987 a. 312 s. 17; 1997 a. 27.
92.106 92.106 Department review. The department shall review all soil and water conservation standards under s. 92.105 at least once every 5 years to determine whether the standards are consistent with the purposes of the soil and water resource management program under s. 92.14 (2).
92.106 History History: 1991 a. 309.
92.11 92.11 Regulation of local soil and water resource management practices.
92.11(1)(1)Proposed ordinances. To promote soil and water conservation or nonpoint source water pollution abatement, a county, city, village or town may enact ordinances for the regulation of land use, land management and pollutant management practices.
92.11(2) (2)Applicability; contents.
92.11(2)(a)(a) An ordinance enacted under this section may be applicable throughout the county or to any part of the county, including both incorporated and unincorporated areas.
92.11(2)(b) (b) An ordinance enacted under this section may prohibit land uses and land management practices which cause excessive soil erosion, sedimentation, nonpoint source water pollution or storm water runoff.
92.11(3) (3)Presentation; notice; hearing; county board adoption. Any ordinance proposed by the land conservation committee under this section shall be presented to the county board together with a report on the need for the ordinance and its expected economic and environmental impact. Within 2 weeks after its receipt, the county board shall publish the proposed ordinance as a class 2 notice, under ch. 985, in a newspaper having general circulation throughout the county and make the report available for public inspection. The county board shall hold one or more public hearings on the proposed ordinance before taking final action. The county board shall adopt, adopt with revisions or disapprove the ordinance.
92.11(4) (4)Referendum; local approval required.
92.11(4)(a)(a) Definition. As used in this subsection, "affected area" means the entire town, all of a village within the county or all of a city within a county if an ordinance adopted under this section or a revision to an ordinance adopted under this section is applicable to any part of the town, village or city.
92.11(4)(b) (b) Referendum required. No ordinance adopted under this section and no revision to an ordinance adopted under this section may take effect in any affected area in that county unless the ordinance or revision is approved by referendum.
92.11(4)(c) (c) Wording of ballot question; procedure. The county board shall include the wording of the question to be placed before the electors in the referendum as a part of the ordinance adopted under this section or the revision to an ordinance adopted under this section. Upon the adoption of the ordinance or revision the county board shall forward a copy of the ordinance or revision to the county clerk who shall cause the question to be placed before the voters of the affected area in the next spring or general election occurring not less than 45 days after the adoption of the ordinance or revision. The form of the ballot shall correspond substantially with form "D" annexed to s. 5.64 (2).
92.11(4)(d) (d) Approval; disapproval. If the question placed before the electors in the referendum is approved by a majority of all votes cast on that subject in an affected area in that county, the ordinance adopted under this section or the revision to an ordinance adopted under this section takes effect in that affected area. Otherwise, the ordinance or revision does not take effect in that affected area.
92.11(5) (5)Enforcement.
92.11(5)(a)(a) The county board shall by ordinance prescribe administrative procedures and provide personnel necessary for the enforcement of any ordinance enacted under this section. Ordinances enacted under this section may be enforced through civil forfeiture or through issuance of an injunction by the circuit court in an action initiated by the county or land conservation committee. The court may award reasonable attorney fees to any plaintiff in a successful action for enforcement through injunction.
92.11(5)(b) (b) At least one year before the county or land conservation committee may initiate an action for enforcement, the land conservation committee shall make a reasonable effort to contact the landowner or land user in person and to furnish the landowner or land user all of the following:
92.11(5)(b)1. 1. An explanation orally and in writing of the reasons for the excessive soil erosion.
92.11(5)(b)2. 2. A management plan which, if followed, would reduce soil erosion to a rate established as acceptable by the land conservation committee. The management plan shall, with reasonable limits, set forth all of the options which are available to the landowner or land user to achieve acceptable soil erosion rates.
92.11(5)(b)3. 3. An explanation of the financial aids and technical assistance which are available to the landowner or land user. These may include, but are not necessarily limited to, cost-sharing, loans, tax incentives and technical assistance available from the land conservation committee and other agencies.
92.11(6) (6)Board of adjustment. The county board shall provide for the appointment of a board of adjustment in any county which adopts an ordinance under this section.
92.11(7) (7)Construction. Any ordinance enacted under this section shall be liberally construed in favor of the county. It shall be construed as setting minimum requirements for the purposes stated and not as a limitation on other powers granted the county board and land conservation committee.
92.11 History History: 1981 c. 346; 1987 a. 27; 1993 a. 246.
92.11 Annotation Ordinance passed under this section may be applicable to incorporated as well as unincorporated areas of the county. 77 Atty. Gen. 87.
92.12 92.12 Intergovernmental cooperation. Counties, cities, villages, towns and public agencies with natural resource responsibilities in the same or different counties may cooperate in carrying out the purposes of this chapter. If a problem of soil or water conservation is defined in part by drainage basin boundaries beyond a single county's borders or otherwise transcends these borders, the respective counties, cities, villages, towns and public agencies with natural resource responsibilities may enter into mutually binding agreements and contracts containing, but not limited to, provisions for mutually enforced and administered regulatory ordinances and cost-sharing distribution arrangements.
92.12 History History: 1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8).
92.13 92.13 State and local agencies to cooperate. Agencies of the state having jurisdiction over, or charged with the administration of any state-owned lands, and any county or other governmental subdivision of the state having jurisdiction over, or charged with the administration of any county-owned or other publicly owned lands, shall cooperate to the fullest extent with the land conservation committee in carrying out programs under this chapter. The land conservation committee may enter and perform work upon these publicly owned lands. The provisions of land conservation practices ordinances enacted under s. 92.11 are applicable to these publicly owned lands, and shall be in all respects observed by the agencies administering the lands.
92.13 History History: 1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8).
92.14 92.14 Soil and water resource management program.
92.14(1)(1)Definitions. In this section:
92.14(1)(a) (a) "Best management practices" has the meaning given under s. 281.65 (2) (a).
92.14(1)(b) (b) "Nonpoint source" has the meaning given under s. 281.65 (2) (b).
92.14(1)(c) (c) "Priority watershed" has the meaning given under s. 281.65 (2) (c).
92.14(2) (2)Establishment. There is created a soil and water resource management program, which has all of the following purposes:
92.14(2)(a) (a) Enhancing protection of surface water and groundwater resources in this state.
92.14(2)(c) (c) Providing financial and technical assistance for land and water conservation activities.
92.14(2)(d) (d) Promoting cost-effective land and water conservation activities.
92.14(2)(e) (e) Promoting compliance with the requirements under ss. 92.104 and 92.105 by persons claiming a farmland preservation credit under subch. IX of ch. 71.
92.14(2)(g) (g) Promoting and attaining the soil erosion control goals specified under s. 92.025.
92.14(2)(h) (h) Encouraging innovative local strategies, regulations and incentives to address soil and source water conservation activities.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?