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 Act 28 repealed s. 92.105, Stats., and repealed and recreated Chapter 91, Stats.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 Chapter 91, Stats., was repealed and recreated by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.
ATCP 50.16(6)(b)3.
3. That the landowner may meet with the county land conservation committee to contest or discuss the violation.
ATCP 50.16(6)(c)
(c) If a landowner receiving a notice under
par. (a) fails to cure the violation by the deadline date specified in the notice, the county land conservation committee shall issue a copy of the notice to all of the following:
ATCP 50.16(6)(c)2.
2. The county planning and zoning committee if the land is covered by an exclusive agricultural zoning ordinance.
ATCP 50.16(6)(d)
(d) A county land conservation committee may, at any time, withdraw a notice of noncompliance under
par. (a). The committee shall give notice of the withdrawal to any agency under
par. (c) that received a copy of the notice of noncompliance.
ATCP 50.16 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.18(1)(1)
Annual report. By April 15 of each year, a county land conservation committee shall file with the department a year-end report for the preceding calendar year. The committee shall file the report on a form provided by the department. The report shall identify all of the following:
ATCP 50.18(1)(a)
(a) The county's activities and accomplishments related to soil and water resource management during the preceding calendar year, including activities required or funded under this chapter.
ATCP 50.18(1)(b)
(b) The county's progress toward the objectives identified in the county land and water resource management plan under
s. ATCP 50.12. The report shall identify key areas of improvement, key compliance activities and key remaining problem areas.
ATCP 50.18(1)(c)
(c) The county's financial contribution toward staffing the activities of the county land conservation committee in the preceding calendar year. The county may include contributions for employee salaries and fringe benefits, employee support costs, independent contractor fees, and training for employees and land conservation committee members. A county may not include capital expenditures, or expenditures reimbursed from other governmental entities.
ATCP 50.18(2)
(2) Failure to file annual report. The department may withhold funding under this chapter from a county land conservation committee that fails to file a timely annual report under
sub. (1).
ATCP 50.18 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.20
ATCP 50.20
Annual grant application. By April 15 of each year, a county land conservation committee shall file with the department its application for funding under this chapter for the next calendar year. The application shall comply with
s. ATCP 50.26.
ATCP 50.20 Note
Note: The department awards grants to counties according to subch. IV.
ATCP 50.20 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.22
ATCP 50.22
Accounting and recordkeeping. A county land conservation committee, in consultation with the county's chief financial officer, shall establish and maintain an accounting and recordkeeping system. The accounting and recordkeeping system shall do all of the following:
ATCP 50.22(1)
(1) Fully and clearly account for the receipt, handling and disposition of all funds that the committee receives under s.
92.14, Stats., and this chapter.
ATCP 50.22(2)
(2) Document county compliance with s.
92.14, Stats., and this chapter, and each grant contract under this chapter.
ATCP 50.22 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.24
ATCP 50.24
Department review. The department may review the activities of a county land conservation committee under this chapter. The department may do any of the following in connection with its review:
ATCP 50.24(1)
(1) Require the committee to provide relevant information requested by the department, including information from the county's annual financial and compliance audit.
ATCP 50.24 Note
Note: A county is currently required to have an annual, organization-wide financial and compliance audit that complies with the State Single Audit Guidelines issued by the Wisconsin department of administration. This "single audit" currently includes an audit of the county's use of funds awarded to the county under this chapter. The audit must comply with Audit Guidelines for the Soil and Water Resource Management Grant Program, issued annually by the Wisconsin department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection may conduct additional audits, as it deems necessary. The county may use funds provided under s.
ATCP 50.32 to pay a proportionate share of the county's costs for annual financial and compliance audits.
ATCP 50.24(2)
(2) Require the committee to discuss, with the department, county compliance with this chapter.
ATCP 50.24(4)
(4) Inspect activities and practices funded under this chapter.
ATCP 50.24 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.26(1)(1)
Annual application. A county land conservation committee shall apply by April 15 of each year to obtain funding under this chapter for the next calendar year. The committee shall apply to the department on a form provided by the department. The application shall comply with this section.
ATCP 50.26 Note
Note: The department and DNR will jointly solicit grant applications from county land conservation committees under ss.
92.14,
281.65, and
281.66, Stats. The department and DNR will distribute grant application forms as soon as possible prior to January 31 of each year, for return by April 15 of that year. The department and DNR will prepare a joint allocation plan after reviewing county grant applications. The department and DNR will make annual grant allocations after obtaining LWCB recommendations on their draft allocation plan.
ATCP 50.26 Note
Before it distributes grant application forms to the counties, the department will consult with county representatives regarding the department's potential funding priorities. The department will then give notice to all counties of its potential priorities when it distributes grant applications to the counties. The department may modify its potential priorities based on the actual grant applications that the counties submit.
ATCP 50.26(2)
(2) Annual staffing grant. A county land conservation committee may request funding for county staff and support, including funding for employees and independent contractors who work for the county land conservation committee. The request shall identify all of the following:
ATCP 50.26(2)(a)
(a) The activities for which the county seeks funding. These may include activities under this chapter, CREP program activities, and priority watershed activities previously funded under
ch. NR 120.
ATCP 50.26 Note
Note: The Wisconsin legislature restructured the state's nonpoint source pollution abatement program in 1997 and 1999. As part of that restructuring, DNR is phasing out its priority watershed program under ch.
NR 120.
ATCP 50.26 Note
DNR will continue to provide cost-share funding for projects in priority watersheds established prior to July 1, 1998. But DNR will establish no new priority watershed projects, and has established no new projects since July 1, 1998. DNR will no longer provide funding for county and local government staff engaged in the priority watershed program.
ATCP 50.26 Note
The department of agriculture, trade and consumer protection provides grants to pay for county soil and water conservation staff. Under the redesigned nonpoint source pollution abatement program, the department will also fund county staff who undertake projects funded through s.
281.65, Stats., formerly DNR's priority watershed program. Funding for county staff will be included in the department's annual staffing grants to counties.
ATCP 50.26 Note
Within the limits of available funds, the department will attempt to ensure continuity of staffing for priority watershed projects. See s.
ATCP 50.32 (5) (b). Staffing grants for priority watershed projects will be phased out as those projects are completed. A schedule of priority watershed completion dates is shown in Appendix F.
ATCP 50.26 Note
With the department's permission, a county may reallocate staff funds to local governments or tribes within the county. See s.
ATCP 50.32 (1).
ATCP 50.26(2)(b)
(b) The amount of funding requested for activities under
par. (a), including staff salaries and fringe benefits, contractor fees, training and eligible support costs.
ATCP 50.26 Note
Note: See s.
ATCP 50.32 related to annual staffing grants. Contractor fees include costs to hire independent contractors such as engineers, nutrient management planners, computer specialists, information and education specialists and other consultants who work for the county land conservation committee but are not county employees.
ATCP 50.26(3)
(3) Funding for conservation practices. A county land conservation committee may request funding for cost-share grants to install conservation practices. The request shall include all of the following:
ATCP 50.26(3)(a)
(a) The purposes for which the county proposes to award cost-share grants to landowners.
ATCP 50.26(3)(b)
(b) The amount of funding requested for cost-share grants to landowners.
ATCP 50.26 Note
Note: See s.
ATCP 50.34 related to funding for conservation practices.
ATCP 50.26(4)
(4) Other information. A county land conservation committee may include, with its grant application under
sub. (1), any other information that the committee wishes to provide in support of its grant application. The department may ask the committee to provide additional information as necessary.
ATCP 50.26 Note
Note: Under s.
92.14 (10), Stats., the department may award a grant to any person (not just a county) for information, education, training and other services related to the administration of this chapter. Grant applicants must apply by April 15 of each year for funding in the next calendar year. See s.
ATCP 50.36.
ATCP 50.26 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.28
ATCP 50.28
Annual grant allocation plan. ATCP 50.28(1)
(1)
Plan required. The department shall allocate grants under this chapter according to an annual grant allocation plan. The secretary shall approve the grant allocation plan. The plan shall specify, for the next calendar year, all of the following:
