ATCP 50.52 Note
Note: The department may exempt county land conservation committee staff from fees that the department charges for training programs provided by the department.
ATCP 50.52 Note
Note: The department guidelines may include suggested courses, training activities, and the types of knowledge and experience that may help applicants qualify for certification at specified rating levels.
ATCP 50.52(2)
(2) Training advisory committee. The department shall appoint a training advisory committee to advise the department on training activities under
sub. (1). The committee shall include representatives of all of the following:
ATCP 50.52(2)(e)
(e) The statewide association of land conservation committee staff.
ATCP 50.52 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.54(1)
(1)
Review of local regulations. The department may review and comment on local regulations.
ATCP 50.54 Note
Note: "Local regulations" are defined in s.
ATCP 50.01(18). Local conservation requirements should be consistent with this chapter (see ss.
92.05 (1),
(3) (c) and
(L),
92.07 (2),
92.11,
92.15 (2) to
(4),
92.16,
92.17 and
281.16 (3), Stats.) The department may review and comment on local regulations, as it deems necessary. See specific requirements related to manure storage ordinances (ATCP 50.56), agricultural shoreland management ordinances (ATCP 50.58) and livestock ordinances (ATCP 50.60).
ATCP 50.54(2)(a)(a) No county, local government or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government or tribe first offers cost-sharing that is at least equal to the cost-sharing required under
s. ATCP 50.08:
ATCP 50.54(2)(a)1.
1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, "existing cropland" has the meaning given in
s. NR 151.09 (4) (b).
ATCP 50.54(2)(a)2.
2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, "existing livestock facility or operation" has the meaning given in
s. NR 151.095 (5) (b).
ATCP 50.54(2)(b)
(b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.
ATCP 50.54(2)(c)1.
1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.54 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.56
ATCP 50.56
Manure storage systems; ordinance. ATCP 50.56(1)(1)
General. A county, city, village or town may adopt an ordinance under s.
92.16, Stats., that establishes standards for manure storage systems.
ATCP 50.56(2)
(2) Contents. An ordinance adopted under s.
92.16, Stats., shall include all of the following:
ATCP 50.56(2)(a)
(a) The authority of the county, city, village or town to adopt the ordinance.
ATCP 50.56(2)(b)
(b) The purpose for the ordinance, and the findings that prompted the county, city, village or town to adopt the ordinance.
ATCP 50.56 Note
Note: Section
ATCP 50.62 (1) includes relevant definitions that may be used in a manure storage ordinance.
ATCP 50.56(2)(f)
(f) Conditions, if any, under which the county, city, village or town may require the abandonment of a manure storage system.
ATCP 50.56(2)(g)
(g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the adequacy of related nutrient management practices.
ATCP 50.56 Note
Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.
ATCP 50.56(2)(h)
(h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.56(2)(i)
(i) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.56(3)
(3) Construction provisions. An ordinance adopted under s.
92.16, Stats., shall prohibit any person from constructing a manure storage system unless that person does all of the following:
ATCP 50.56(3)(a)
(a) Obtains a permit from the county, city, village or town that adopts the ordinance.
ATCP 50.56 Note
Note: A nutrient management plan, demonstrating that manure can be properly utilized, should be included with a permit application under par. (a). If the county, city, village or town wants to monitor compliance with the nutrient management plan, its ordinance may include monitoring provisions under sub. (2) (g).
ATCP 50.56(3)(c)1.
1. NRCS technical guide waste storage facility standard 313 (December, 2005).
ATCP 50.56 Note
Note: For information on how to obtain NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, see Appendix G.
ATCP 50.56(4)
(4) Abandonment provisions. An ordinance adopted under s.
92.16, Stats., may prohibit any person from abandoning a manure storage system unless that person does all of the following:
ATCP 50.56(4)(a)
(a) Submits an abandonment plan for approval by the county, city, village or town. The abandonment plan shall comply with the waste facility closure provisions contained in the NRCS technical guide, closure of waste impoundments standard 360 (November, 2006).
ATCP 50.56 Note
Note: An ordinance may apply the abandonment requirements under sub. (4) to any manure storage system, regardless of when that system was installed.
ATCP 50.56 Note
For information on how to obtain NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, see Appendix G.
ATCP 50.56(5)
(5) County review. Before a county, city, village or town adopts or amends a manure storage ordinance under s.
92.16, Stats., the county, city, village or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.56(6)
(6) Department review. Before a county, city, village or town adopts or amends an ordinance under s.
92.16, Stats., the county, city, village or town shall submit the ordinance to the department. The department shall review the ordinance for consistency with this chapter. The department may ask the county, city, village or town for information that it needs to perform the review.
ATCP 50.56 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (3) (c) 1., 2. and (4) (a)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.58
ATCP 50.58
Shoreland management; ordinance. ATCP 50.58(1)(1)
General. A county, city, village or town may adopt or amend a shoreland management ordinance under s.
92.17, Stats., with department approval.
ATCP 50.58 Note
Note: This subsection does not limit the authority of a county, city, village or town to adopt a shoreland management ordinance under other applicable law.
ATCP 50.58(2)
(2) Contents. An ordinance adopted under s.
92.17, Stats., shall include all of the following provisions:
ATCP 50.58(2)(a)
(a) The authority of the county, city, village or town to adopt the ordinance.
ATCP 50.58(2)(b)
(b) The purpose for the ordinance, and the findings that prompted the county, city, village or town to adopt the ordinance.
ATCP 50.58(2)(d)
(d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.
ATCP 50.58(2)(e)
(e) Soil and water resource management practices or compliance standards required under the ordinance.
ATCP 50.58(2)(f)
(f) Procedures for developing and approving conservation plans, if required under the ordinance.
ATCP 50.58(2)(g)
(g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.58(2)(h)
(h) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.58(3)
(3) County review. Before a county, city, village or town adopts or amends a shoreland management ordinance under s.
92.17, Stats., the county, city, village or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.58(4)(a)(a) A county, city, village or town may submit a proposed ordinance or amendment for department approval under
sub. (1). Except as provided in
par. (c), the county, city, village or town shall submit all of the following with the proposed ordinance or amendment:
ATCP 50.58(4)(a)2.
2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.
ATCP 50.58(4)(a)3.
3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs.
59 to
68, Stats.
ATCP 50.58(4)(b)
(b) Except as provided in
par. (c), the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under
sub. (1). The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.
ATCP 50.58 Note
Note: DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs.
NR 115 and
117.
ATCP 50.58(4)(c)
(c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under
par. (a), if the department finds that the amendment involves no significant legal or policy issues.
ATCP 50.58(4)(d)
(d) The department may approve a shoreland management ordinance or amendment proposed under s.
92.17, Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s.
92.17, Stats.
ATCP 50.58(4)(e)
(e) Whenever a county, city, village or town adopts a shoreland management ordinance under s.
92.17, Stats., the county, city, village or town shall file a certified copy of the adopted ordinance with the department.
ATCP 50.58 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.60
ATCP 50.60
Livestock operations; local regulation.
