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.
ATCP 50.16(3)(a)(a) County soil and water conservation standards and amendments under
sub. (1) are not effective until approved by the LWCB.
ATCP 50.16(3)(b)
(b) A county land conservation committee may submit a proposed standard or amendment to the department, for approval by the LWCB. The department shall submit the proposed standard or amendment to the LWCB and shall recommend approval, conditional approval or disapproval. The department shall provide the LWCB with a proposed decision, including proposed findings, proposed conclusions and a proposed order.
ATCP 50.16(3)(c)
(c) The LWCB shall issue a written decision approving, conditionally approving or disapproving a proposed standard or amendment under
sub. (1). The LWCB may disapprove a proposed standard or amendment for any of the following reasons:
ATCP 50.16(3)(c)1.
1. The standard or amendment fails to comply with s.
92.105, Stats., or this chapter.
ATCP 50.16(3)(c)2.
2. The standard or amendment does not reasonably conform to guidelines that the LWCB has established under s.
92.105 (2), Stats.
ATCP 50.16(3)(c)4.
4. The county land conservation committee has failed to provide the department or the LWCB with requested information that is reasonably relevant to the LWCB's review of the standard or amendment.
ATCP 50.16 Note
Note: Under s.
227.42, Stats., a county land conservation committee may request a contested case hearing on an LWCB decision that is adverse to the committee. If the LWCB grants the hearing request, it may ask the department to appoint an impartial hearing examiner to conduct the hearing. The LWCB may affirm or modify its decision based on the hearing record. A county land conservation committee may also seek judicial review under ch.
227, Stats.
ATCP 50.16(4)
(4) Farm conservation plans. A county land conservation committee may enter into a farm conservation plan with a landowner. A landowner meets the conservation standards under
sub. (1) if the landowner implements a farm conservation plan that will achieve full compliance with those standards within 5 years.
ATCP 50.16(5)(a)(a) A county land conservation committee may inspect a landowner's compliance with the conservation standards under
sub. (1) and any farm conservation plan under
sub. (4). A county land conservation committee shall inspect each landowner's compliance with the conservation standards under
sub. (1) at least once every 6 years, or on another basis that the secretary approves in writing after consulting the LWCB.
ATCP 50.16 Note
Note: 2009 Wis. Act 28 repealed and recreated chapter 91 to require that a county land conservation committee inspect each farm for which the owner claims farmland preservation tax credits at least once every 4 years.
ATCP 50.16(5)(b)
(b) A county land conservation committee may ask a landowner to certify, on an annual or other periodic basis, that the landowner is complying with the conservation standards under
sub. (1) and any farm conservation plan under
sub. (4). A landowner shall certify compliance on a form provided by the committee.
ATCP 50.16(6)(a)(a) A county land conservation committee shall issue a written notice of noncompliance to a landowner if the committee finds that the landowner has done any of the following:
ATCP 50.16(6)(b)
(b) A county land conservation committee shall issue a notice of noncompliance under
par. (a) on a form provided by the department. The notice shall disclose all of the following:
ATCP 50.16(6)(b)1.
1. The nature of the violation, and a deadline date for curing the violation.
ATCP 50.16(6)(b)2.
2. That the landowner may not claim farmland preservation tax credits under subch.
IX of ch. 71, Stats., unless the landowner corrects the violation.
