ATCP 50.08 Note
Note: For example, if a county has already paid a landowner to implement nutrient management for at least 4 years, the county may require the landowner to comply with state nutrient management standards in subsequent years without further cost-sharing. The same holds true for other "soft" practices under par. (b) if those practices are needed to meet the conservation standards under s.
ATCP 50.04. The county has the burden of showing that it has already paid the landowner to maintain the conservation practice for at least 4 years.
ATCP 50.08(5)(d)
(d) Conservation practices or costs to correct a landowner's criminal or grossly negligent discharge of pollutants to waters of the state.
ATCP 50.08(6)
(6) Compliance actions not affected. Subsection (1) does not limit any of the following:
ATCP 50.08(6)(a)
(a) An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.08(6)(b)
(b) County action under
s. ATCP 50.16 (6) to suspend a landowner's eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under
s. ATCP 50.16 (1).
ATCP 50.08(7)
(7) Cost-share grant sources. A grant from any public or private source, or combination of sources, may be counted as part of a cost-share grant under
sub. (1). A loan is not a grant.
ATCP 50.08 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: am. (5) (b) 6.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.10(1)
(1)
Program elements. Every county land conservation committee shall establish and maintain a county soil and water conservation program. The program shall include all of the following elements:
ATCP 50.10(1)(b)
(b) County soil and water conservation standards, and a program to implement those standards.
ATCP 50.10 Note
Note: A county's land and water resource management plan under s.
ATCP 50.12 should identify the county's strategy to implement the farm conservation practices required under s.
ATCP 50.04. See s.
ATCP 50.16 related to county standards for lands covered by the farmland preservation program under ch.
91, Stats. See s.
ATCP 50.14 and subch. VII related to county ordinances.
ATCP 50.10(1)(d)
(d) A program to receive, distribute and account for soil and water resource management grants under this chapter.
ATCP 50.10(1)(e)
(e) A procedure to ensure that conservation practices funded under this chapter are designed and installed according to this chapter.
ATCP 50.10(1)(g)
(g) An information and education program to promote effective soil and water resource management.
ATCP 50.10(1)(h)
(h) Other program elements, if any, required under this chapter.
ATCP 50.10(2)
(2) Coordination. A county land conservation committee shall, to the extent practicable, coordinate the program elements under
sub. (1) with each other and with all of the following:
ATCP 50.10(2)(b)
(b) The related activities of NRCS, state agencies and other governmental entities in that county.
ATCP 50.10 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.12
ATCP 50.12
Land and water resource management plan. ATCP 50.12(1)(1)
Requirement. A county land conservation committee shall prepare and submit, for department approval, a land and water resource management plan. The department shall approve the county plan before allocating any funds to the county under subch.
IV.
ATCP 50.12(2)
(2) Plan contents. A land and water resource management plan shall describe all of the following in reasonable detail:
ATCP 50.12(2)(a)
(a) Water quality and soil erosion conditions throughout the county. The plan shall include water quality assessments available from DNR, if any.
ATCP 50.12(2)(b)
(b) State and local regulations that the county will use to implement the county plan. The department may require the county to provide copies of relevant local regulations, as necessary, and may comment on those regulations.
ATCP 50.12(2)(c)
(c) Water quality objectives for each water basin, priority watershed as defined in s.
281.65 (2) (c), Stats., and priority lake as defined in s.
281.65 (2) (be), Stats. The county shall determine water quality objectives in consultation with DNR.
ATCP 50.12(2)(d)
(d) Key water quality and soil erosion problem areas. The county land conservation committee shall identify key water quality problem areas in consultation with DNR.
ATCP 50.12(2)(e)
(e) Conservation practices needed to address key water quality and soil erosion problems.
ATCP 50.12 Note
Note: The identification of priority farms may vary between counties, depending on local conditions, strategies and information. A county should focus on identifying or working with the following farms, or other categories of farms that the county identifies in its plan:
ATCP 50.12 Note
•Farms subject to a DNR notice of intent under s.
281.20, Stats., or notice of discharge under ch.
283, Stats.
ATCP 50.12 Note
•Farms located in watersheds draining to waters that DNR has listed pursuant to
33 USC 1313. This is also known as the "303(d) list of impaired waters."
ATCP 50.12 Note
•Farms that have large numbers of livestock, or significant problems with manure management.
ATCP 50.12 Note
•Farms making clearly excessive nutrient applications.
ATCP 50.12 Note
•Farms with clearly excessive rates of cropland erosion.
ATCP 50.12(2)(g)
(g) County strategies to encourage voluntary implementation of conservation practices under
s. ATCP 50.04. County strategies may include information and education, cost-sharing, technical assistance and other strategies.
ATCP 50.12(2)(h)
(h) Compliance procedures, including notice, hearing, enforcement and appeal procedures, that will apply if the county takes action against a landowner for failure to implement conservation practices required under this chapter,
ch. NR 151 or related local regulations.
ATCP 50.12(2)(i)
(i) The county's multi-year workplan to implement the farm conservation practices under
s. ATCP 50.04, and achieve compliance with performance standards under
ch. NR 151. The plan shall identify priorities and expected costs.
ATCP 50.12 Note
Note: The county workplan under par. (i) should be based on a reasonable assessment of available funding and resources.
ATCP 50.12(2)(k)
(k) How the county will provide information and education related to land and water conservation, including information related to farm conservation practices and cost-share funding.
ATCP 50.12(2)(L)
(L) How the county will coordinate its land and water conservation program with federal, state and local agencies.
ATCP 50.12 Note
Note: The department and DNR will work with counties to develop more detailed guidelines and suggestions for county land and water resource management plans, but individual counties have some flexibility and discretion to propose plans that are appropriate for their local conditions.
ATCP 50.12(3)
(3) Plan development. A county land conservation committee, when preparing a land and water resource management plan, shall do all of the following:
ATCP 50.12(3)(a)
(a) Appoint and consult with a local advisory committee of interested persons.
ATCP 50.12 Note
Note: A local advisory committee should reflect a broad spectrum of public interests and perspectives. For example, it could include:
ATCP 50.12 Note
•Affected farmers, businesses and landowners.
ATCP 50.12 Note
•Agricultural, business, environmental, civic and recreational organizations.
ATCP 50.12 Note
•Federal, state, local and tribal officials.
ATCP 50.12 Note
•The University of Wisconsin and other educational institutions.
ATCP 50.12(3)(b)
(b) Assemble relevant data, including relevant land use, natural resource, water quality and soil data.
ATCP 50.12 Note
Note: The county land conservation committee should normally consult with the appropriate DNR basin team.
ATCP 50.12(4)
(4) Public notice and hearing. Before a county land conservation committee submits a land and water resource management plan for department approval, the committee shall do all of the following:
ATCP 50.12(4)(b)
(b) Make a reasonable effort to notify landowners affected by committee findings under
sub. (2) (d) and
(e), and give them an opportunity to present information related to the accuracy of the committee's findings.
ATCP 50.12 Note
Note: The county land conservation committee should consult with the department before holding public hearings on a land and water resource management plan.
ATCP 50.12(5)
(5) Plan approval. The department shall review a county land and water resource management plan, and shall approve or disapprove the plan after consulting with the LWCB. The department shall review the plan based on the criteria identified in this section,
s. ATCP 50.30 (3) and s.
92.10 (6), Stats. The secretary shall sign the order approving or disapproving the county plan. The department shall approve a plan for a specified period of time that shall not exceed 10 years, subject to conditions that the department specifies in the order. The department's approval does not take effect if the county board does not approve the county plan.
ATCP 50.12 Note
Note: The county board may approve the county land and water resource management plan before or after the department approves the plan. The plan approved by the county board must be the same plan approved by the department. If the department requires changes to a plan previously approved by the county board, the department's approval does not take effect until the county board approves the modified plan.
ATCP 50.12(6)
(6) Plan implementation. The department may review county implementation of an approved county land and water resource management plan. The department may consider information obtained in its review when it makes annual grant allocations to counties under subch.
IV.
ATCP 50.14
ATCP 50.14
County ordinances. A county may, by ordinance, require landowners to implement conservation practices required under
s. ATCP 50.04. A county shall comply with applicable requirements under subch.
VII.
ATCP 50.14 Note
Note: See county authority under ss.
59.69,
59.692,
92.11,
92.15,
92.16 and
92.17, Stats. This section does not expand a county's statutory authority. A county ordinance implementing conservation practices under s.
ATCP 50.04 should be reasonably consistent with s.
ATCP 50.04. A county livestock ordinance must comply with s.
ATCP 50.60 and s.
92.15, Stats. DATCP may review and comment on a county ordinance (see ss.
ATCP 50.12 and
50.54). Cost-sharing under a local ordinance must be at least equivalent to cost-sharing under s.
ATCP 50.08 (see s.
ATCP 50.54).
ATCP 50.14 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.16
ATCP 50.16
Farmland preservation program; conservation standards. ATCP 50.16(1)(a)(a) A county land conservation committee shall adopt soil and water conservation standards, under s.
92.105, Stats., for all lands for which landowners claim farmland preservation tax credits under subch.
IX of ch. 71, Stats. The standards shall incorporate and be consistent with the farm conservation practices required under
s. ATCP 50.04.
ATCP 50.16 Note
Note: 2009 Wis. Act 28 repealed s. 92.105, Stats., and repealed and recreated Chapter 91, Stats.
ATCP 50.16 Note
Note: See s.
91.80, Stats. Under the farmland preservation program, an "owner" of "eligible farmland" (as defined in s.
91.01 (9) and
(6), Stats.) may claim farmland preservation tax credits if the land is covered by a farmland preservation agreement or exclusive agricultural zoning ordinance. (The LWCB must certify the ordinance.) To claim the tax credits, the "owner" must comply with county soil and water conservation standards approved by the LWCB. Section
ATCP 50.16 requires the county to incorporate, in the county's standards, the farm conservation practices required under s.
ATCP 50.04. The county standards must be consistent with s.
ATCP 50.04.
ATCP 50.16(1)(b)
(b) The LWCB may deny or withdraw certification, under s.
91.06, Stats., of an exclusive agricultural zoning ordinance in a county that fails to comply with
par. (a).
ATCP 50.16 Note
Note: Section 91.06, Stats., no longer exists. Chapter 91, Stats., was repealed and recreated by
2009 Wis. Act 28.
ATCP 50.16(1)(c)
(c) The department may refuse to enter into farmland preservation agreements with landowners in a county that fails to comply with
par. (a). The department may also deny funding under this chapter to any county that fails to comply with
par. (a).
ATCP 50.16(2)
(2) Public hearing. A county land conservation committee shall hold a public hearing whenever the committee proposes to adopt or amend soil or water conservation standards under
sub. (1) (a).
ATCP 50.16 Note
Note: A county land conservation committee should consult with the department before holding a public hearing on proposed soil or water conservation standards or amendments.
