9,1875gc
Section 1875gc. 86.31 (6) (d) of the statutes is amended to read:
86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and, for town road improvements under sub. (3m) and for municipal street improvements under sub. (3r).
9,1875gd
Section 1875gd. 86.31 (6) (g) of the statutes is created to read:
86.31 (6) (g) Specific criteria for making determinations of cost-effectiveness under sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of sub. (2) (d) 5. a.
9,1875ge
Section 1875ge. 86.31 (6) (h) of the statutes is created to read:
86.31 (6) (h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:
1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.
2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under subd. 1.
3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.
4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.
9,1876e
Section 1876e. 87.30 (1) (d) of the statutes is created to read:
87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.
9,1876m
Section 1876m. 88.01 (8m) of the statutes is created to read:
88.01 (8m) "Duck Creek Drainage District" has the meaning given in s. 30.01 (1nm).
9,1877
Section
1877. 88.15 of the statutes is created to read:
88.15 Drainage board grants. (1) From the appropriation under s. 20.115 (7) (d), the department of agriculture, trade and consumer protection shall make grants to boards to assist boards to comply with this chapter and rules promulgated under this chapter. A grant under this section may not exceed 60% of the costs incurred by the board to comply with this chapter and rules promulgated under this chapter.
(2) The department of agriculture, trade and consumer protection shall promulgate rules for the administration of the program under this section.
(3) The department of agriculture, trade and consumer protection may not make grants under this section after June 30, 2006.
9,1877d
Section 1877d. 88.31 (7m) of the statutes is created to read:
88.31 (7m) The Duck Creek Drainage District is exempt from the permit requirements and procedures under subs. (1) to (7).
9,1877e
Section 1877e. 88.31 (8) (intro.) of the statutes is amended to read:
88.31 (8) (intro.) Subject to other restrictions imposed by this chapter, a drainage board which has obtained a permit under this chapter all of the permits as required under this chapter and ch. 30 may:
9,1877f
Section 1877f. 88.35 (5m) of the statutes is amended to read:
88.35 (5m) If navigable waters are affected by the proposed drainage, the drainage board shall obtain a permit under s. 88.31. This subsection does not apply to the Duck Creek Drainage District.
9,1877j
Section 1877j. 88.62 (3) of the statutes is renumbered 88.62 (3) (a) and amended to read:
88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b).
9,1877k
Section 1877k. 88.62 (3) (b) of the statutes is created to read:
88.62 (3) (b) If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources.
9,1877m
Section 1877m. 88.72 (3) of the statutes is amended to read:
88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen or widen any waters or streams either within or beyond the limits of the district, the board shall file an application with the department of natural resources as provided in s. 30.20 or 88.31, as directed by the department of natural resources. Thereafter, proceedings shall be had as provided in s. 30.20 or 88.31 insofar as the same is applicable obtain any permit that is required under this chapter or ch. 30 or 31.
9,1877p
Section 1877p. 88.72 (4) of the statutes is amended to read:
88.72 (4) Within 30 days after the department of natural resources has issued a permit under s. 30.20 or 88.31 all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.
9,1903
Section 1903. 91.75 (1) of the statutes is repealed and recreated to read:
91.75 (1) A minimum lot size is specified.
9,1909m
Section 1909m. 92.05 (3) (L) of the statutes is created to read:
92.05 (3) (L) Technical assistance; performance standards. The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances that implement standards adopted under s. 92.07 (2), 92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.
9,1909p
Section 1909p. 92.07 (2) of the statutes is amended to read:
92.07 (2) Standards. Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation and nonpoint source water pollution. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the owner or operator under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). The land conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to determine whether cost-sharing is available.
9,1909w
Section 1909w. 92.08 of the statutes is repealed.
9,1910e
Section 1910e. 92.10 (3) of the statutes is repealed.
9,1910h
Section 1910h. 92.10 (4) (c) of the statutes is amended to read:
92.10 (4) (c) Plan assistance. The department shall assist land conservation committees in preparing land and water resource management plans. The department may allocate funds appropriated under s. 20.115 (7) (c) to land conservation committees in identified priority counties to cover up to 50% of the cost of preparing land and water resource management plans.
9,1913b
Section 1913b. 92.10 (6) (a) of the statutes is repealed and recreated to read:
92.10 (6) (a) Plan preparation. A land conservation committee shall prepare a land and water resource management plan that, at a minimum, does all of the following:
1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources.
2. Specifies water quality objectives for each water basin, priority watershed, as defined in s. 281.65 (2) (c), and priority lake, as defined in s. 281.65 (2) (be).
3. Identifies the best management practices to achieve the objectives under subd. 2. and to achieve the tolerable erosion level under s. 92.04 (2) (i).
4. Identifies applicable performance standards and prohibitions related to the control of pollution from nonpoint sources, as defined in s. 281.65 (2) (b), and to soil erosion control, including those under this chapter and chs. 281 and 283 and ss. 59.692 and 59.693.
5. Includes a multiyear description of planned county activities, and priorities for those activities, related to land and water resources, including those designed to meet the objectives specified under subd. 2. and to ensure compliance with the standards and prohibitions identified under subd. 4.
6. Describes a system to monitor the progress of activities described in the plan.
7. Includes a strategy to provide information and education related to soil and water resource management.
8. Describes methods for coordinating activities described in the plan with programs of other local, state and federal agencies.
9,1913m
Section 1913m. 92.10 (8) of the statutes is created to read:
92.10 (8) Duties of the department of natural resources. The department of natural resources shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.
9,1915b
Section 1915b. 92.105 (1) of the statutes is amended to read:
92.105 (1) Establishment. A land conservation committee shall establish soil and water conservation standards. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). It shall submit these standards to the board for review.
9,1922w
Section 1922w. 92.14 (2) (c) of the statutes is amended to read:
92.14 (2) (c) Providing statewide financial and technical assistance for land and water conservation activities at the county level.
9,1922y
Section 1922y. 92.14 (2) (j) of the statutes is amended to read:
92.14 (2) (j) Enhancing the administration and coordination of state nonpoint source water pollution abatement activities by the department and the department of natural resources, including providing a single process for grant application, funding allocation, reporting and evaluation.
9,1923w
Section 1923w. 92.14 (3) (intro.) of the statutes is amended to read:
92.14 (3) Basic allocations to counties. (intro.) To help counties meet administrative and technical operating costs in fund their land and water conservation activities, the department shall award grants an annual grant from the appropriation under s. 20.115 (7) (c) or (qd) or s. 20.866 (2) (we) to any county land conservation committee which that has a workload allocation land and water resource management plan approved by the department under s. 92.08 (2) 92.10 (4) (d), and which that, by county board action, has resolved to match any moneys granted under this subsection with an equal amount of county moneys provide any matching funds required under sub. (5g). The county shall may use the grant for county land and water resource management planning and for any of the following purposes, consistent with the approved land and water resource management plan:
(a) County land conservation personnel to administer and implement activities directly related to any of the following:
9,1924b
Section 1924b. 92.14 (3) (a) and (b) of the statutes are renumbered 92.14 (3) (a) 1. and 2.
9,1924c
Section 1924c. 92.14 (3) (c) of the statutes is repealed.
9,1924d
Section 1924d. 92.14 (3) (d) and (e) of the statutes are renumbered 92.14 (3) (a) 4. and 5.
9,1924f
Section 1924f. 92.14 (3) (f) of the statutes is created to read:
92.14 (3) (f) Training required under s. 92.18 or any other training necessary to prepare personnel to perform job duties related to this section or s. 281.65.
9,1924h
Section 1924h. 92.14 (3) (g) of the statutes is created to read:
92.14 (3) (g) Technical assistance, education and training, ordinance development or administration related to this chapter or s. 281.65.
9,1924m
Section 1924m. 92.14 (3m) (title) of the statutes is repealed.
9,1924n
Section 1924n. 92.14 (3m) of the statutes is renumbered 92.14 (3) (b), and 92.14 (3) (b) (intro.), as renumbered, is amended to read:
92.14 (3) (b) (intro.) From the appropriation under s. 20.115 (7) (c) or (qd) or 20.866 (2) (we), the department shall award grants to counties or Grants to farmers for implementing best management practices required under a shoreland management ordinance enacted under s. 92.17, including reimbursement for all of the following:
9,1924q
Section 1924q. 92.14 (4) (intro.) of the statutes is repealed.
9,1924s
Section 1924s. 92.14 (4) (a) of the statutes is renumbered 92.14 (3) (c).
9,1925b
Section 1925b. 92.14 (4) (b) of the statutes is renumbered 92.14 (3) (d).
9,1925e
Section 1925e. 92.14 (4) (c) of the statutes is renumbered 92.14 (3) (e) and amended to read:
92.14 (3) (e) Construction of a facility or system related to animal waste management by a farmer who has received a notice of discharge under ch. 283 or management practices required under a notice to a farmer under s. 281.20 (3). In awarding grants under this paragraph, the department shall give preference to farmers who have received a notice of discharge under s. 281.20 (3) or ch. 283. The amount of a grant for management practices required under a notice to a farmer under s. 281.20 (3) shall be based on the cost of the method of controlling nonpoint source pollution which that the department determines to be the most cost-effective and may not exceed 70% of the total cost of that method. The department may issue grants directly to farmers under this paragraph.
9,1925g
Section 1925g. 92.14 (4m) of the statutes is repealed.
9,1925i
Section 1925i. 92.14 (4r) of the statutes is repealed.
9,1925k
Section 1925k. 92.14 (5) of the statutes is repealed.
9,1925m
Section 1925m. 92.14 (5g) of the statutes is created to read:
92.14 (5g) Matching funds. If a grant under sub. (3) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds equal to 30% of the cost of salary and fringe benefits for the 2nd staff person and 50% of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.
9,1925p
Section 1925p. 92.14 (5r) of the statutes is created to read:
92.14 (5r) Annual grant request. Every land conservation committee shall prepare annually a grant request that describes the land and water resource staffing needs and activities to be undertaken or funded by the county under this chapter and ss. 281.65 and 281.66 and the funding needed for those purposes. The grant request shall be consistent with the county's plan under s. 92.10. The land conservation committee shall submit the grant request to the department.
9,1925r
Section 1925r. 92.14 (6) (a) of the statutes is repealed.
9,1925t
Section 1925t. 92.14 (6) (b) of the statutes is amended to read:
92.14 (6) (b) The department, in cooperation with and the department of natural resources, shall prepare an annual grant allocation plan, that is consistent with the spending levels approved under par. (a), identifying the amounts to be spent annually for land and water resource management projects to be funded provided to counties under this section and the general purposes of those projects, which it shall specify ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.
9,1926b
Section 1926b. 92.14 (6) (c) of the statutes is repealed.
