ATCP 50.08(5)(b)4. 4. Pesticide management as defined in s. ATCP 50.79 (1).
ATCP 50.08(5)(b)5. 5. Residue management as defined in s. ATCP 50.82 (1).
ATCP 50.08(5)(b)6. 6. Stripcropping as defined in s. ATCP 50.89 (1)
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)(c) (c) Conservation practices or costs for which cost-sharing is prohibited under s. ATCP 50.40 (3) (b) or subch. VIII.
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(5)(e) (e) Conservation practices required by a WPDES permit issued under ch. NR 243.
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(6)(c) (c) Enforcement of an existing cost-share contract.
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; CR 13-016: am. (1) (intro.) Register February 2014 No. 698, eff. 5-1-14.
subch. III of ch. ATCP 50 Subchapter III — County Soil and Water Program
ATCP 50.10 ATCP 50.10County program; general.
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)(a) (a) A county land and water resource management plan under s. ATCP 50.12, and a program to implement that plan.
ATCP 50.10(1)(b) (b) A program to implement soil and water conservation 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. Under s. ATCP 50.16, a county is required to monitor and ensure compliance with conservation 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)(c) (c) A program to prepare and submit annual reports under s. ATCP 50.18 and annual grant applications under s. ATCP 50.20.
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)(f) (f) An accounting and recordkeeping system under s. ATCP 50.22.
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)(a) (a) The county's land information and modernization program under ss. 16.967 and 59.72 (3), Stats.
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; CR 13-016: am. (1) (b) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.12 ATCP 50.12Land 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, including identification of the causes of water quality impairment and pollutant sources. The plan shall include water quality assessments for each watershed in the county 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 Note Note: See state rules under chs. ATCP 48, ATCP 50, NR 151, and NR 243.
ATCP 50.12(2)(c) (c) Water quality objectives for each watershed, including any available pollutant load reduction targets, consistent with conditions identified in par. (a). The county shall consult with DNR to determine water quality objectives and to identify pollutant load reduction targets.
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(2)(f) (f) A plan to identify priority farms in the county.
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. A county shall estimate the amount of information and education, cost-sharing and other financial assistance, and technical assistance needed to implement its plan.
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 Note Note: See ss. ATCP 50.04 to 50.08 and subch. VII.
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, benchmarks for performance, and expected costs, including an estimate of costs to implement conservation practices to achieve the objectives identified in par. (c).
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)(j) (j) The measurable annual and multi-year benchmarks the county will utilize to periodically monitor and measure its progress in meeting performance targets and achieving plan goals and objectives under the workplan in par. (i).
ATCP 50.12(2)(jm) (jm) How a county will meet its responsibilities for monitoring conservation compliance of landowners claiming farmland preservation tax credits.
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(3)(c) (c) Consult with DNR.
ATCP 50.12 Note Note: The county land conservation committee should normally consult with the appropriate DNR staff to obtain needed planning information, effectively address resource management concerns, and ensure that its plan incorporates elements that satisfy planning requirements under section 319 of the Clean Water Act.
ATCP 50.12(3)(d) (d) Assess resource conditions and identify problem areas.
ATCP 50.12(3)(e) (e) Establish and document priorities and objectives.
ATCP 50.12(3)(f) (f) Project available funding and resources.
ATCP 50.12(3)(g) (g) Establish and document a plan of action.
ATCP 50.12(3)(h) (h) Identify roles and responsibilities.
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)(a) (a) Hold at least one public hearing on the plan.
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 50.12 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 10-122: am. (5) Register July 2011 No. 667, eff. 8-1-11; CR 13-016: am. (2) (a), (c), (g), (i), (j), cr. (2) (jm) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.14 ATCP 50.14County 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 50.16Farmland preservation program; conservation standards compliance.
ATCP 50.16(1) (1)Compliance with standards required.
ATCP 50.16(1)(a)(a) Except as provided in par. (d) and sub. (2), a landowner claiming farmland preservation tax credits shall comply with the standards and practices in s. ATCP 50.04.
ATCP 50.16 Note Note: The soil and water conservation standards are promulgated by the department under ss. 92.05 (3) (c) and (k), 92.14 (8), and 281.16 (3) (b) and (c), Stats. See also s. 91.80, Stats. A county land conservation committee or its designee determines whether a landowner is in compliance with conservation standards. A determination of compliance is one component of the requirements a landowner must satisfy to claim a farmland preservation tax credit. Landowners are responsible to determine whether they meet all the eligibility requirements to claim the benefits of compliance.
ATCP 50.16(1)(b) (b) In determining landowner compliance under this section, the land conservation committee shall base its determination on all of the following:
ATCP 50.16(1)(b)1. 1. Whether the entire farm operation owned by the landowner is in compliance with all the applicable conservation standards.
ATCP 50.16(1)(b)2. 2. Whether a review of available documentation at the county demonstrates the entire farm operation owned by the landowner has no significant discharge from an animal lot, feed storage, manure storage, or other livestock structure on the farm.
ATCP 50.16(1)(b)3. 3. Whether a review of available documentation at the county demonstrates the entire farm operation owned by the landowner has implemented a nutrient management plan in compliance with the nutrient management standard in s. ATCP 50.04 (3) for all land where a plan is required on the farm.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.