For nutrient management and pesticide management, $7.00 per acre per year.
ATCP 50.42 Note
Note: For example, a cost-share contract might pay a farmer up to $36 per acre to install and maintain a contour farming system for 4 years ($9 per year). The county would pay the full contract amount when the contour system was installed, and the farmer would have a contract obligation to maintain the system for at least 4 years.
(3) Maximum grant to relocate animal feeding operation.
No cost-share grant to relocate an animal feeding operation may exceed 70% of the estimated cost to install a manure management system or related practices needed to resolve or prevent water quality problems at the abandoned site, or 70% of the eligible relocation costs at the new site, whichever site cost is less. Not more than $5,000 of the cost-share grant may be used to transport livestock from the abandoned site to the new site.
(4) Economic hardship.
A landowner qualifies for economic hardship treatment if all the following apply:
A certified public accountant or accredited financial institution certifies all the following to the county land conservation committee, based on a farm financial statement prepared according to generally accepted accounting principles:
The landowner is unable to make the cost-share contribution normally required of a landowner under sub. (1)
The landowner will be able to pay the balance of the cost to install the cost-shared practice if the landowner receives cost-sharing at the economic hardship rate.
The landowner certifies, in a sworn affidavit to the county land conservation committee, that the landowner has provided to the certified public accountant or accredited financial institution under par. (a)
a full and true disclosure of the landowner's financial condition, including a copy of the landowner's latest federal tax return. The landowner shall make the affidavit on a form provided by the department.
(5) Review of economic hardship determination.
The department may review of an economic hardship determination under sub. (4)
. The landowner and the person certifying the economic hardship shall make available for department inspection or copying, at the department's request, documents used to support the economic hardship determination. The department may invalidate a determination that fails to comply with standards under sub. (4)
ATCP 50.42 Note
Note: The department will not copy records inspected under sub. (5) unless the department contests the validity of a determination under sub. (4) based on those records. If it becomes necessary for the department to copy records under sub. (5), the department will seek to protect those records from public disclosure.
ATCP 50.42 History
History: CR 01-090
: cr. Register September 2002 No. 561
, eff. 10-1-02; CR 08-075
: am. (2) (b) to (d) Register April 2009 No. 640
, eff. 5-1-09.
Agricultural engineering practitioners. ATCP 50.46(1)(1)
No person, other an agricultural engineering practitioner certified under this section or a professional engineer registered under ch. 443, Stats.
, may certify any of the following for funding purposes under this chapter or ch. NR 120
That design specifications for an agricultural engineering practice under sub. (2)
comply with standards under this chapter or s. 281.65
ATCP 50.46 Note
Note: A design certification under par. (a) typically involves the preparation or approval of a design document that prescribes the installation of an agricultural engineering practice. The process typically requires the application of engineering principles and methods, and may include several planning and design components. For example, a practitioner may conduct a site inventory to gather data for the design process, may identify or confirm particular water quality problems on the site, and may evaluate the adequacy of the proposed practices to address those problems.
That an agricultural engineering practice under sub. (2)
has been installed according to an approved design, and according to applicable standards and specifications.
ATCP 50.46 Note
See ss. 92.18
and 443.14 (10)
, Stats. Registered professional engineers, persons working under the direct supervision of registered professional engineers, and employees of the NRCS may also seek certification under this section. A state or county employee certified under this section is exempt from the professional engineering registration requirements of ch. 443
, Stats., when engaged in state or county activities under ch. 92
, Stats., or s. 281.65
, Stats., regardless of whether the activities are funded under this chapter.
(2) Agricultural engineering practices.
For purposes of this section, an agricultural engineering practice includes any of the following:
Well decommissioning. Notwithstanding sub. (1) (intro.)
, a well driller or pump installer registered under s. 280.15
, Stats., may certify a well construction or decommissioning under sub. (1)
(3) Agricultural engineering practitioner; certification.
A person who wishes to be certified as an agricultural engineering practitioner shall apply to the department or a county land conservation committee. An applicant may apply orally or in writing. The department or the county land conservation committee shall promptly refer the application to the department's designated field engineer. The field engineer shall evaluate the applicant and issue a decision granting or denying the request.
ATCP 50.46 Note
Note: An applicant for certification need not apply to the department's offices in Madison, but may apply directly to one of the department's field engineers. An applicant's supervisor may also forward an application to the department's field engineer.
To evaluate an applicant under sub. (3)
, the department's field engineer shall complete the certification form shown in Appendix E. The field engineer shall rate the applicant under sub. (5)
based on the applicant's demonstrated knowledge, training, experience and record of appropriately seeking assistance. Evaluations shall be fair and consistent.
To evaluate an applicant, the department's field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.
For each type of agricultural engineering practice identified in Appendix E, the department's field engineer shall identify the most complex of the 5 job classes in Appendix E for which the applicant is authorized to do each of the following:
Certify that design specifications for jobs in that class comply with standards under this chapter or s. 281.65
Certify that jobs in that class have been installed according to the approved design, and according to any applicable standards and specifications.
ATCP 50.46 Note
The rating system under par. (a) is designed to be reasonably consistent with the system used by NRCS under 7 CFR 610.1
. Appendix E is similar to the NRCS job approval delegation form. It identifies the controlling factors used to determine the relative difficulty of job classes, as well as the NRCS standard that applies. A person who is certified at a job level under par. (a) may certify his or her own work at that level for funding purposes under this chapter.
If NRCS has previously rated an applicant under 7 CFR 610.1
, the department's field engineer shall give that applicant the same initial rating. Within 18 months after the field engineer makes the initial rating, the department's field engineer shall review that rating under sub. (7)
The department's field engineer shall act on a certification application under sub. (3)
within 30 days after the field engineer receives that application, provided that the applicant promptly submits relevant information and documentation requested by the field engineer.
ATCP 50.46 Note
Note: When recertifying an applicant who was previously certified by the department or NRCS, the department's field engineer may raise one or more rating levels, lower one or more rating levels, or reaffirm one or more rating levels.
Whenever the department's field engineer certifies an agricultural engineering practitioner, the field engineer shall issue a written certification in the form shown in Appendix E. The certification becomes effective when signed by all of the following:
Whenever the department's field engineer denies a request under sub. (3)
for a specific certification rating, the field engineer shall issue the denial in writing and shall specify the reasons for the denial.
The department's field engineer shall retain a copy of each certification under par. (b)
, each denial under par. (c)
, and any other documentation received or compiled in connection with an application under sub. (3)
A department field engineer shall review each certification rating under sub. (5)
at least once every 3 years, and may review a rating at any time. A field engineer shall review a rating whenever a certified agricultural engineering practitioner requests that review.
Based on a review under par. (a)
, a department field engineer shall issue a new certification rating which reaffirms or modifies the prior rating under sub. (5)
. The field engineer shall provide a copy of each new rating to the person rated. The field engineer may not reduce a rating except for good cause.
A field engineer shall document, in writing, his or her reasons for reducing a certification rating under sub. (5)
, or for refusing to make a requested rating change. The field engineer shall provide that documentation to the person rated, and to that person's supervisor if any.
An affected person may appeal a field engineer's action under sub. (5)
. The affected person shall file his or her appeal in writing, with the field engineer, within 10 business days after the applicant receives notice of the field engineer's action. The appeal shall identify the specific matters in dispute and the specific basis for the appeal.
Within 15 business days after the department's field engineer receives an appeal under par. (a)
, the field engineer shall hold an informal meeting with the appellant. The meeting may include a representative of the county land conservation committee. The field engineer may hold the informal meeting in person or by telephone.
If an appeal cannot be resolved after an informal meeting under par. (b)
, the field engineer shall forward the appeal to a department reviewer designated by the administrator of the department's agricultural resource management division. The reviewer shall hold an informal hearing on the appeal within 10 business days after the reviewer receives the appeal, unless the applicant agrees to a later date for the informal hearing. The reviewer shall hold the informal hearing by telephone or at a location determined by the reviewer. Within 10 business days after the conclusion of the informal hearing, the reviewer shall issue a written decision which affirms, reverses or modifies the field engineer's action. The reviewer shall provide a copy of his or her written decision to the applicant. The decision shall include a notice of the applicant's right to request a contested case hearing under par. (d)