92.14(3)(c)
(c) Implementing land and water resource management projects approved in plans under s.
92.10.
92.14(3)(d)
(d) Implementing land and water resource management projects undertaken to comply with soil and water conservation requirements applicable to persons claiming farmland preservation tax credits under subch.
IX of ch. 71.
92.14(3)(e)
(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). 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 that the department determines to be the most cost-effective.
92.14(3)(f)
(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.
92.14(3)(g)
(g) Technical assistance, education and training, ordinance development or administration related to this chapter or s.
281.65.
92.14(5g)(a)
(a) Except as provided in par.
(b), 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, as determined by the department by rule, equal to 30 percent of the cost of salary and fringe benefits for the 2nd staff person and 50 percent of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.
92.14(5g)(b)
(b) For a grant awarded for a year before 2010, the department shall require a county to provide matching funds for priority watershed project staff equal to not less than 10 percent nor more than 30 percent of the staff funding that was provided to the county for 1997 for a priority watershed that was designated before July 1, 1998. This paragraph does not apply to matching funds for priority watershed project staff after the termination date that was in effect on October 6, 1998, for the priority watershed project.
92.14(5r)
(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.
92.14(6)(b)
(b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and 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 percent funding for the 2nd staff person and 50 percent 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.
92.14(6)(c)
(c) When preparing an annual grant allocation plan under par.
(b), the department and the department of natural resources shall consider the existence and location of impaired water bodies that the department of natural resources has identified to the federal environmental protection agency under
33 USC 1313 (d) (1) (A) and agricultural enterprise areas designated under s.
91.84, and shall give priority to providing cost-sharing for nutrient management planning projects that are in or near, or that affect, those areas.
92.14(6)(d)
(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.
92.14(6)(g)
(g) Every grant awarded 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.
92.10 and
281.65.
92.14(6)(gm)
(gm) A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds 70 percent of the cost of a project, except in cases of economic hardship, as defined by the department by rule.
92.14(6)(h)1.1. A county may not 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:
92.14(6)(h)1.a.
a. The facility or system is necessary to meet surface water or groundwater quality objectives.
92.14(6)(h)1.b.
b. The facility or system is designed consistent with rules of the department and with the technical standards of the county and is designed to be constructed and operated to avoid water pollution.
92.14(6)(h)1.c.
c. The facility or system will use the most cost-effective method to meet water quality standards.
92.14(6)(h)1.d.
d. The grant for the facility or system, combined with all other governmental funding, is no more than an amount specified by the department by rule, except that there is no limit on the amount of the grant if the principal purpose of the facility or system is to prevent or control barnyard runoff.
92.14(6)(h)3.
3. Nothing in this paragraph affects the authority of the department of natural resources to act under ch.
283.
92.14(6)(i)
(i) No cost-sharing funds from any grant awarded under this section may be distributed to a landowner or land user unless he or she, by contract with the grant recipient, agrees to do all of the following:
92.14(6)(i)1.
1. Maintain any funded practice for its normal expected life, replace it with an equally effective practice or improvement or repay the cost-sharing funds to the grant recipient.
92.14(6)(i)2.
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.
92.10 and
281.65, or to repay the cost-sharing funds.
92.14(6)(k)
(k) The department shall identify by rule the types of cost-shared practices and the minimum grant amounts for cost-sharing grants that require any subsequent owner of the property to maintain the cost-shared practice for the life of the cost-shared practice, as determined by the department.
92.14(6)(L)
(L) 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.
92.14(6)(m)
(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.
92.14(7)
(7) Maintenance of effort. The department may not make a grant to a county under this section in any fiscal year unless that county enters into an agreement with the department to maintain or increase its aggregate expenditures from other sources for land and water conservation activities at or above the average level of such expenditures in its 2 fiscal years preceding August 1, 1987.
92.14(8)
(8) Rules. In consultation with the department of natural resources, the department shall promulgate rules to administer this section and the department's duties under s.
281.65.
92.14(10)
(10) Training. The department may contract with any person for services to administer or implement this chapter, including information and education and training.
92.14(12)
(12) Annual report. Annually, the department, in cooperation with the department of natural resources, shall submit a report on the progress of the program under this section and s.
281.65 to the board.
92.14(13)
(13) Evaluation plan. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s.
281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
92.14(14)
(14) Application, allocation, reporting and evaluation. 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 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.
92.14(14m)
(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.
92.14(15)
(15) Financial information. The department shall consult with the department of natural resources when it prepares the information which it submits to the department of administration under s.
16.42.
92.15
92.15
Local regulation of livestock operations. 92.15(1)(a)
(a) “Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.
92.15(1)(b)
(b) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
92.15(2)
(2) Notwithstanding ss.
92.11 and
92.17, a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s.
281.16 (3).
92.15(3)(a)(a) Notwithstanding ss.
92.11 and
92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s.
281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s.
281.15.
92.15(3)(b)
(b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par.
(a).
92.15(4)
(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 or
281.65 or from any other source.
92.15(5)
(5) Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under s.
283.31 or that receives a notice of discharge under ch.
283 may continue to operate as a livestock operation at the same location notwithstanding s.
59.69 (10) (am) or
62.23 (7) (h) or any zoning ordinance enacted under s.
59.69,
60.61,
60.62,
61.35 or
62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s.
59.69,
60.61,
60.62,
61.35 or
62.23 (7) on October 14, 1997.
92.15 Cross-reference
Cross-reference: See also ch.
NR 151, Wis. adm. code.
92.16
92.16
Manure storage facilities. A county, city, village or town may enact an ordinance requiring manure storage facilities constructed after July 2, 1983, to meet the technical standards of the county, city, village or town and rules of the department. The department shall adopt rules for ordinances setting standards and criteria for construction of manure storage facilities.
92.16 History
History: 1983 a. 27; Stats. 1983 s. 92.16;
1983 a. 410 s.
24n; Stats. 1983 s. 92.34;
1985 a. 8 s.
10; Stats. 1985 s. 92.16;
1987 a. 27;
1993 a. 246.
92.16 Cross-reference
Cross-reference: See also ss.
ATCP 50.95, Wis. adm. code.
92.16 Annotation
An ordinance passed under this section is applicable only in unincorporated areas of the county.
77 Atty. Gen. 87.
92.17
92.17
Shoreland management. 92.17(1)(1)
Guidelines ordinance. The guidelines for a shoreland management ordinance shall establish standards for activities related to the purpose of maintaining and improving surface water quality.
92.17(2)
(2) Authority to enact ordinance. 92.17(2)(a)
(a) A city or village may enact a shoreland management ordinance.
92.17(2)(ag)
(ag) A county may enact a shoreland management ordinance. A county shoreland management ordinance does not apply in any town that enacts an ordinance under par.
(ar).
92.17(2)(ar)
(ar) A town may enact a shoreland management ordinance that is prepared under sub.
(1).
92.17(2)(b)
(b) If a county, city or village proposes to enact an ordinance based on the guidelines prepared under sub.
(1), or if a town proposes to enact a shoreland management ordinance, the county, city, village or town shall submit a draft of the ordinance to the department.
92.17(2)(c)
(c) The board shall review a draft of an ordinance submitted under par.
(b) and make recommendations to the department.
92.17(2)(d)
(d) The department shall review and approve or disapprove a draft of an ordinance submitted under par.
(b).
92.17(2)(e)
(e) A county, city or village may enact an ordinance based on the guidelines prepared under sub.
(1) only if the draft of the ordinance is approved by the department under par.
(d). A town may enact a shoreland management ordinance only if the draft of the ordinance is approved by the department under par.
(d).
92.17(2m)
(2m) Authority to enforce ordinance. A county may not enforce a shoreland management ordinance unless the county uses funds provided under s.
92.14 (3) for grants for the purposes under s.
92.14 (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).
92.17(2r)
(2r) Department not to require enactment. The department may not require a county, city, village or town to enact an ordinance under this section as a condition of any other program administered by the department.
92.17(4)
(4) Cooperation. The department shall consult with the governing bodies of counties, cities, villages and towns to secure voluntary uniformity of regulations, so far as practicable, shall identify low-cost practices and shall extend assistance to counties, cities, villages and towns under this section.
92.17 Cross-reference
Cross-reference: See also s.
ATCP 50.58, Wis. adm. code.
92.18
92.18
Training and certification. 92.18(1)(1)
The department shall, by rule, establish a program of training and certification for persons who review plans for, conduct inspections of or engage in activities under any of the following:
92.18(1)(b)
(b) Section
281.65, if those activities relate to agricultural practices.
92.18(2)
(2) The department shall do all of the following:
92.18(2)(a)
(a) Identify those persons involved in plan review or inspections who are required to obtain certification.
92.18(2)(b)
(b) Establish the requirements for and the term of initial certification, and the requirements for recertification upon expiration of that term. To the extent possible, the department shall establish the requirements for certification in conformance with the engineering approval system used by the federal soil conservation service in providing technical assistance under
7 CFR 610.1 to
610.5. The department may require applicants to pass an examination in order to receive initial certification.
92.18(2)(c)
(c) Establish different levels of certification as the department determines is appropriate.
92.18(2)(d)
(d) Identify persons other than inspectors and plan reviewers who may benefit from the training program, and encourage those persons to enroll in the training program.
92.18(2m)
(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.
92.18(3)
(3) The department may impose fees for the training and certification program.
92.18(4)
(4) The department shall promulgate rules under this section in consultation with the department of natural resources.
92.18(5)
(5) Any training required under this section may be conducted by the department or the department of natural resources or by another person with the approval of the department.
92.18(6)
(6) The department may suspend or revoke a certification under this section for failure to comply with this section or rules promulgated under this section.
