ATCP 50.40(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 50.40(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 50.40(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 50.40(2)(c)1.
1. An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.40(3)(a)(a) A cost-share grant may fund conservation practices identified under subch.
VIII, or other conservation practices that the department approves in writing, regardless of whether those conservation practices are required or voluntary.
ATCP 50.40 Note
Note: A county may package cost-share payments in a variety of ways. For example, a county might choose to negotiate a single overall payment (sometimes called an "incentive" payment) with a landowner who voluntarily agrees to maintain a combination of "soft" practices (nutrient management, residue management and contour farming, for example) as part of an overall farm conservation plan. The county may pay the landowner to continue these practices, even though the landowner has followed the same practices in the past. The county is free to negotiate the cost-share amount ("incentive" payment amount) with the landowner, as long as the arrangement is voluntary.
ATCP 50.40(3)(b)
(b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch.
VIII:
ATCP 50.40(3)(b)1.
1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.
ATCP 50.40(3)(b)7.
7. Prevent or clean up spills of pesticides, fertilizers or other agricultural chemicals from commercial bulk storage facilities.
ATCP 50.40(3)(b)11.
11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner's expense.
ATCP 50.40(4)
(4) Eligible costs. A cost-share grant may pay for relevant costs identified in
s. ATCP 50.08 (3) and
(4), regardless of whether cost-sharing is required under
sub. (2) or
s. ATCP 50.08. A cost-share grant may not pay for ineligible costs identified under
sub. (3) (b) or subch.
VIII.
ATCP 50.40(5)
(5) Cost-effective practices. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following:
ATCP 50.40(5)(b)
(b) The minimum practice needed to achieve the conservation objective.
ATCP 50.40(5)(c)
(c) The cost of the practice compared to feasible and effective alternatives.
ATCP 50.40(5)(d)
(d) The practical effects of the practice on the agricultural operation.
ATCP 50.40(6)
(6) Maximum cost-share rates and amounts. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in
s. ATCP 50.42.
ATCP 50.40(7)(a)(a) A cost-share grant may include funding for engineering services needed to do any of the following:
ATCP 50.40(7)(b)
(b) A cost-share grant may reimburse the cost of engineering services under
par. (a) provided by a professional engineer registered under
ch. 443, Stats., or an agricultural engineering practitioner certified at the applicable rating under
s. ATCP 50.46. A cost-share grant may not reimburse the cost of engineering services provided by the county land conservation committee or its agent.
ATCP 50.40(7)(c)
(c) Funding for engineering services under
par. (a) may not exceed the lesser of the following:
ATCP 50.40(7)(c)2.
2. 15% of the total eligible cost of the cost-shared practice, exclusive of engineering costs.
ATCP 50.40(8)
(8) Cost-share contract. A county land conservation committee shall enter into a written contract with every landowner to whom the committee awards a cost-share grant. The department shall approve, in writing, any cost-share contract that provides for more than $50,000 in cost-share payments.
ATCP 50.40(9)
(9) Contract terms. A cost-share contract under
sub. (8) shall include all of the following:
ATCP 50.40(9)(c)
(c) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost-share payments may exceed the following applicable amount:
ATCP 50.40(9)(c)1.
1. $10,000 if the cost-share contract is signed prior to prior to January 1, 2005.
ATCP 50.40(9)(c)2.
2. $12,000 if the cost-share contract is signed on or after January 1, 2005, but before January 1, 2010.
ATCP 50.40(9)(c)3.
3. $14,000 if the cost-share contract is signed on or after January 1, 2010.
ATCP 50.40(9)(d)
(d) Specifications for the cost-shared practice, including engineering specifications for any agricultural engineering practice identified under
s. ATCP 50.46 (2).
ATCP 50.40(9)(e)
(e) The total estimated cost of the cost-shared practice. The total cost may include the cost to install the practice and the cost to maintain the practice for the period of time specified in the contract. Costs may include any applicable costs under
sub. (4). A county shall use applicable cost containment procedures under
sub. (16) when determining the estimated cost.
ATCP 50.40(9)(f)
(f) The cost-share rate or amount. The cost-share rate or amount may not exceed the rate or amount allowed under
s. ATCP 50.42.
ATCP 50.40(9)(g)
(g) The amount, if any, that the county land conservation committee will pay for engineering services under
sub. (7).
ATCP 50.40(9)(h)
(h) A timetable for constructing and installing the cost-shared practice.
ATCP 50.40(9)(j)
(j) The period of time for which the landowner agrees to maintain the cost-shared practice in return for the cost-share grant. The landowner shall agree to maintain the cost-shared practice for at least the period of time required under subch.
VIII, or replace it with an equally effective practice. The landowner shall refrain, during the maintenance period, from any action that may reduce the effectiveness of the cost-shared practice.
ATCP 50.40 Note
Note: Subchapter VIII specifies a minimum maintenance period of 10 years for most conservation practices. But it does not specify a minimum maintenance period for the following "soft" practices:
ATCP 50.40 Note
•Contour farming (ATCP 50.67).
ATCP 50.40 Note
•Cover crop (ATCP 50.68).
ATCP 50.40 Note
•Nutrient management (ATCP 50.78).
ATCP 50.40 Note
•Pesticide management (ATCP 50.79).
ATCP 50.40 Note
•Residue management (ATCP 50.82).
ATCP 50.40 Note
• Stripcropping (ATCP 50.89).
ATCP 50.40(9)(k)
(k) An agreement that the landowner will repay the full amount of the cost-share grant immediately, upon demand by the county land conservation committee, if the landowner fails to operate and maintain the cost-shared practice according to the contract.
ATCP 50.40(9)(L)
(L) If the contract provides for a cost-share grant that exceeds the following applicable amount, an agreement that the contract runs with the land and is binding on subsequent owners or users of the land for the period of time required under subch.
VIII:
ATCP 50.40(9)(L)1.
1. $10,000 if the cost-share contract is signed prior to January 1, 2005.
ATCP 50.40(9)(L)2.
2. $12,000 if the cost-share contract is signed on or after January 1, 2005, but before January 1, 2010.
ATCP 50.40(9)(L)3.
3. $14,000 if the cost-share contract is signed on or after January 1, 2010.
ATCP 50.40 Note
Note: Subsection (14) requires the county or landowner to record, with the county register of deeds, any cost-share contract over the applicable amount in par. (L). The county may include, in the cost-share contract, a provision requiring the landowner to record the cost-share contract with the register of deeds.
ATCP 50.40(9)(m)
(m) Provisions authorizing the county land conservation committee to stop work or withhold cost-share grant payments if the committee finds that the landowner has breached the contract.
ATCP 50.40(9)(n)
(n) An agreement that the county land conservation committee must pre-approve, according to a procedure specified in the contract, any construction changes that may affect the terms or amount of the cost-share grant.
ATCP 50.40(9)(o)
(o) Other terms or conditions specified by the county land conservation committee.
ATCP 50.40 Note
Note: The department will provide sample cost-share contracts to each county land conservation committee. County land conservation committees are encouraged to use the contract forms provided by the department.
ATCP 50.40(10)
(10) Design and installation. A cost-shared practice shall be all of the following:
ATCP 50.40(10)(b)
(b) Installed in compliance with applicable construction site erosion control standards contained in the DNR Wisconsin construction site best management practice handbook, DNR Pub. WR-222 (April 1994).
ATCP 50.40 Note
Note: Copies of the DNR construction site best management practice handbook are on file at the department, DNR, and the legislative reference bureau. You may purchase copies at the following address:
ATCP 50.40 Note
WI Department of Administration
ATCP 50.40 Note
Document Sales Unit
ATCP 50.40 Note
4622 University Avenue
ATCP 50.40 Note
PO Box 7840
ATCP 50.40 Note
Madison WI 53705-2156
ATCP 50.40 Note
Phone: 608-266-3358
ATCP 50.40(11)
(11) Payment conditions met. Before a county land conservation committee pays for any cost-shared practice, or requests any cost-share reimbursement from the department under
s. ATCP 50.34 (3), the committee shall document all of the following:
ATCP 50.40(11)(a)
(a) That the landowner has made, for that cost-shared practice, all payments for which the landowner is responsible under the cost-share contract.
ATCP 50.40(11)(b)
(b) That the cost-shared practice is designed and installed according to
sub. (10). If the cost-shared practice is an agricultural engineering practice identified under
s. ATCP 50.46 (2), one of the following shall certify in writing that the practice complies with
sub. (10):
ATCP 50.40(11)(b)3.
3. A well driller or pump installer registered under s.
280.15, Stats., if the agricultural engineering practice consists of well construction or decommissioning.
ATCP 50.40(11)(c)
(c) That the landowner's nutrient management plan complies with
s. ATCP 50.04 (3), if the cost-shared practice includes a nutrient management plan.
ATCP 50.40(12)
(12) Partial payments. A county land conservation committee may make partial payments for completed portions of a cost-shared practice if all of the following apply:
