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Section 1909w. 92.08 of the statutes is repealed.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Section 1910e. 92.10 (3) of the statutes is repealed.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Section 1913b. 92.10 (6) (a) of the statutes is repealed and recreated to read: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.
9,1926c
Section 1926c. 92.14 (6) (d) of the statutes is amended to read:
92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources on approval, modification or disapproval of the plan. The department shall review and approve or disapprove the plan and shall notify the board of the department's final action on the plan.
9,1926e
Section 1926e. 92.14 (6) (e) of the statutes is repealed.
9,1926f
Section 1926f. 92.14 (6) (f) of the statutes is repealed.
9,1926g
Section 1926g. 92.14 (6) (g) of the statutes is amended to read:
92.14 (6) (g) Every project grant awarded a grant to a county under this section and s. 281.65 shall be consistent with the plans under s. 92.15, 1985 stats., and under this section and ss. 92.08, 92.10 and 281.65.
9,1926i
Section 1926i. 92.14 (6) (gm) of the statutes is created to read:
92.14 (6) (gm) A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds 70% of the cost of a project, except in cases of economic hardship, as defined by the department by rule.
9,1926j
Section 1926j. 92.14 (6) (h) 1. (intro.) of the statutes is amended to read:
92.14 (6) (h) 1. (intro.) The department A county may not make a grant under this section provide cost-sharing funds using funds provided under this section for the construction of any facility or system related to animal waste management unless all of the following conditions are met:
9,1926k
Section 1926k. 92.14 (6) (h) 1. e. of the statutes is repealed.
9,1926m
Section 1926m. 92.14 (6) (h) 2. of the statutes is repealed.
9,1926p
Section 1926p. 92.14 (6) (h) 4. of the statutes is repealed.
9,1926q
Section 1926q. 92.14 (6) (i) 2. of the statutes is amended to read:
92.14 (6) (i) 2. Conduct all land management and pollutant management activities in substantial accordance with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 and with plans approved under this section, under s. 92.15, 1985 stats., and under ss. 92.08, 92.10 and 281.65, or to repay the cost-sharing funds.
9,1926s
Section 1926s. 92.14 (6) (j) of the statutes is repealed.
9,1926t
Section 1926t. 92.14 (6) (L) of the statutes is amended to read:
92.14 (6) (L) The department may make a A county may provide cost-sharing funds from a grant under this section to replace a structure or facility at a new location, rather than to repair or reconstruct the structure or facility, if the relocation reduces water pollution and replacement is cost-effective compared to repairing or reconstructing the structure or facility.
9,1926u
Section 1926u. 92.14 (6) (m) of the statutes is created to read:
92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources shall assist counties in conducting the activities for which grants under sub. (3) may be used.
9,1926v
Section 1926v. 92.14 (10) of the statutes is amended to read:
92.14 (10) Training. The county may use a grant under this section for training required under s. 92.18 or for any other training necessary to prepare personnel to perform job duties related to this section. The department may contract with any person for services to administer or implement this chapter, including information and education and training.
9,1926w
Section 1926w. 92.14 (11) of the statutes is repealed.
9,1926x
Section 1926x. 92.14 (14) of the statutes is amended to read:
92.14 (14) Application, allocation, reporting and evaluation forms. The department, jointly with the department of natural resources, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and s. ss. 281.65 and 281.66.
The department, jointly with the department of natural resources, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.
9,1926y
Section 1926y. 92.14 (14m) of the statutes is created to read:
92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.
9,1926ye
Section 1926ye. 92.15 (4) of the statutes is amended to read:
92.15 (4) A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on October 14, 1997, unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14, 281.16 (5) or 281.65 or from any other source.
9,1926ym
Section 1926ym. 92.17 (2m) of the statutes is amended to read:
92.17 (2m) Authority to enforce ordinance. A county, city, village or town may not enforce a shoreland management ordinance unless the county uses funds have been appropriated provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3m) (3) (b). A city, village or town may not enforce a shoreland management ordinance unless the county in which the city, village or town is located uses funds provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3) (b).
9,1926yr
Section 1926yr. 92.18 (2m) of the statutes is created to read:
92.18 (2m) If a person is certified under this section to review plans for, or conduct inspections of, a type of agricultural engineering practice at one of the levels under sub. (2) (c), the department shall allow the person to review plans for, or conduct inspections of, all types of agricultural engineering practices at that same level without requiring any additional certification.
