ATCP 50.52(1)(d) (d) Approve training programs funded under this chapter.
ATCP 50.52(1)(e) (e) Coordinate the delivery of training.
ATCP 50.52(1)(f) (f) Provide training and assess fees to cover training costs.
ATCP 50.52 Note Note: The department may exempt county land conservation committee staff from fees that the department charges for training programs provided by the department.
ATCP 50.52(1)(g) (g) Issue training guidelines and requirements for certified conservation engineering practitioners under s. ATCP 50.46 (10).
ATCP 50.52 Note Note: The department guidelines may include suggested or required courses, training activities, and the types of knowledge and experience that may help applicants qualify for certification at specified rating levels, or be required in order to maintain certification at certain rating levels.
ATCP 50.52(1)(h) (h) Distribute training funds to counties under s. ATCP 50.32.
ATCP 50.52(2) (2)Training advisory committee. The department shall appoint a training advisory committee to advise the department on training activities under sub. (1). The committee shall include representatives of all of the following:
ATCP 50.52(2)(b) (b) NRCS.
ATCP 50.52(2)(c) (c) The University of Wisconsin-Extension.
ATCP 50.52(2)(d) (d) The statewide association representing land conservation committees and their staffs.
ATCP 50.52 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (g), (2) (d), r. (2) (e) Register February 2014 No. 698, eff. 5-1-14.
subch. VII of ch. ATCP 50 Subchapter VII — Local Regulation
ATCP 50.54 ATCP 50.54Local regulations; general.
ATCP 50.54(1) (1)Review of local regulations. The department may review and comment on local regulations.
ATCP 50.54 Note Note: “Local regulations" are defined in s. ATCP 50.01 (18). Local conservation requirements should be consistent with this chapter (see ss. 92.05 (1), (3) (c) and (L), 92.07 (2), 92.11, 92.15 (2) to (4), 92.16, 92.17, 93.90, and 281.16 (3), Stats.). The department may review and comment on local regulations, as it deems necessary. See specific requirements related to manure storage ordinances (s. ATCP 50.56), agricultural shoreland management ordinances (s. ATCP 50.58), and livestock ordinances (s. ATCP 50.60). A local regulation may not require a livestock operator to obtain a license or permit for a new or expanding livestock operation, except as specifically authorized under s. 93.90, Stats., and ch. ATCP 51. When exercising their approval authority under the livestock facility siting law, political subdivisions are limited in their application of local manure storage ordinances adopted under s. 92.16, Stats., and s. ATCP 50.56. (See s. ATCP 51.18 (6) (Note)).
ATCP 50.54(2) (2)Cost-sharing required.
ATCP 50.54(2)(a)(a) No county, local government, or tribe receiving funds under this chapter may do any of the following, under this chapter or a local regulation, unless that county, local government, or tribe first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:
ATCP 50.54(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland" has the meaning given in s. NR 151.09 (4) (b).
ATCP 50.54(2)(a)2. 2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation" has the meaning given in s. NR 151.095 (5) (b).
ATCP 50.54(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan required under any of the following:
ATCP 50.54(2)(b)1. 1. A permit for a manure storage system voluntarily constructed by a landowner.
ATCP 50.54(2)(b)2. 2. A permit required for a new or expanding livestock facility operation regulated under ch. ATCP 51.
ATCP 50.54(2)(c) (c) Paragraph (a) does not limit any of the following:
ATCP 50.54(2)(c)1. 1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.54(2)(c)2. 2. 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 50.54(2)(c)3. 3. Enforcement of an existing cost-share contract.
ATCP 50.54 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1., 2. Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.56 ATCP 50.56Manure storage systems; ordinance.
ATCP 50.56(1)(1)General. A county, city, village, or town may adopt an ordinance under s. 92.16, Stats., that establishes standards for manure storage systems.
ATCP 50.56(2) (2)Contents. An ordinance adopted under s. 92.16, Stats., shall include all of the following:
ATCP 50.56(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.
ATCP 50.56(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.
ATCP 50.56(2)(c) (c) Definitions of significant terms used in the ordinance.
ATCP 50.56 Note Note: Section ATCP 50.62 (1) includes relevant definitions that may be used in a manure storage ordinance.
ATCP 50.56(2)(d) (d) Construction provisions under sub. (3).
ATCP 50.56(2)(e) (e) Closure provisions under sub. (4), if any.
ATCP 50.56(2)(f) (f) Conditions, if any, under which the county, city, village, or town may require the closure of a manure storage system.
ATCP 50.56(2)(g) (g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the adequacy of related nutrient management practices.
ATCP 50.56 Note Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.
ATCP 50.56(2)(h) (h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.56(2)(i) (i) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.56(2)(j) (j) The effective date of the ordinance.
ATCP 50.56(3) (3)Construction provisions.
ATCP 50.56(3)(a)(a) An ordinance adopted under s. 92.16, Stats., shall establish requirements for constructing a new or modified manure storage system, including storage and transfer components to handle manure.
ATCP 50.56 Note Note: See s. ATCP 50.01 (20).
ATCP 50.56(3)(b) (b) An ordinance adopted under s. 92.16, Stats., shall include provisions that do all of the following:
ATCP 50.56(3)(b)1. 1. Prohibit construction of any part of a manure storage system without a permit from the county, city, village, or town that adopts the ordinance.
ATCP 50.56 Note Note: A local governmental unit may not require a manure storage permit for livestock facilities if it also requires the livestock facility to obtain a permit under the livestock siting law (s. 93.90, Stats.) for a new or expanded livestock facility. (See s. ATCP 50.54 (1) (Note)).
ATCP 50.56(3)(b)2. 2. Require submission of a construction plan, a drawing reflecting design changes made during construction, and documentation certifying that the system was installed in accordance with technical standards.
ATCP 50.56 Note Note: Unless the ordinance specifies otherwise, a permit would cover activities related to the construction of a facility, and not its operation and use.
ATCP 50.56 Note Note: Ordinances should provide sufficient time for the local governmental unit to review engineering plans and specifications submitted by applicants. The timelines in s. NR 243.15 (1) (b) and s. ATCP 51.32 are designed to enable permit issuers to thoroughly review today's complex systems for completeness and conformance with applicable standards. Local governmental units should make every effort to coordinate their permit reviews with other government programs conducting similar reviews.
ATCP 50.56(3)(b)3. 3. Require a nutrient management plan that complies with s. ATCP 50.04 (3).
ATCP 50.56 Note Note: A nutrient management plan, demonstrating that manure can be properly utilized, should be included with a permit application under par. (a). If the county, city, village, or town wants to monitor compliance with the nutrient management plan, its ordinance may include monitoring provisions under sub. (2) (g).
ATCP 50.56(3)(b)4. 4. Require consistency with state performance standards and prohibitions, and require construction in accordance with technical standards including all of the following:
ATCP 50.56(3)(b)4.a. a. NRCS technical guide waste storage facility standard 313 (January, 2014).
ATCP 50.56(3)(b)4.b. b. NRCS technical guide waste transfer standard 634 (January, 2014).
ATCP 50.56(3)(b)4.c. c. Other applicable NRCS technical guide standards.
ATCP 50.56(3)(b)4.d. d. Applicable DNR requirements under s. 281.65 (4) (g) 5., Stats.
ATCP 50.56(4) (4)Closure provisions. An ordinance adopted under s. 92.16, Stats., may prohibit any person from closing a manure storage system unless that person does all of the following:
ATCP 50.56(4)(a) (a) Submits a closure plan for approval by the county, city, village, or town. The closure plan shall comply with the waste facility closure provisions contained in the NRCS technical guide, closure of waste impoundments standard 360 (March, 2013).
ATCP 50.56 Note Note: The NRCS technical guide standard 360 is on file with the department and the legislative reference bureau.
ATCP 50.56(4)(b) (b) Obtains a permit for the closure.
ATCP 50.56(4)(c) (c) Complies with the approved closure plan under par. (a).
ATCP 50.56 Note Note: An ordinance may apply the closure requirements under sub. (4) to any manure storage system, regardless of when that system was installed.
ATCP 50.56 Note Copies of NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx.
ATCP 50.56(5) (5)County review. Before a county, city, village, or town adopts or amends a manure storage ordinance under s. 92.16, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.56(6) (6)Department oversight. The department may require a county, city, village, or town to do either of the following in connection with the administration of an ordinance under s. 92.16, Stats.:
ATCP 50.56(6)(a) (a) Use a department-approved application for permitting the construction or closure of a manure storage system or structure.
ATCP 50.56(6)(b) (b) Submit a proposed or adopted ordinance to the department for review to determine consistency with this chapter. The department may ask the county, city, village, or town for information that it needs to perform the review.
ATCP 50.56 Note Note: See s. 92.05 (3) (L), Stats.
ATCP 50.56 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (3) (c) 1., 2. and (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (e), (f), r. and recr. (3), am. (4) (title), (intro.), (a) to (c), (6) (title), renum. (6) to (6) (intro.) and (b) and am., cr. (6) (a) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (b) 4. a., b. Register May 2015 No. 713, eff. 6-1-15; correction in (3) (b) 4. a. made under s. 35.17, Stats., Register May 2015 No. 713.
ATCP 50.58 ATCP 50.58Shoreland management; ordinance.
ATCP 50.58(1)(1)General. A county, city, village, or town may adopt or amend a shoreland management ordinance under s. 92.17, Stats., with department approval.
ATCP 50.58 Note Note: This subsection does not limit the authority of a county, city, village, or town to adopt a shoreland management ordinance under other applicable law.
ATCP 50.58(2) (2)Contents. An ordinance adopted under s. 92.17, Stats., shall include all of the following provisions:
ATCP 50.58(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.
ATCP 50.58(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.
ATCP 50.58(2)(c) (c) Definitions of significant terms used in the ordinance.
ATCP 50.58(2)(d) (d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.
ATCP 50.58(2)(e) (e) Soil and water resource management practices or compliance standards required under the ordinance.
ATCP 50.58(2)(f) (f) Procedures for developing and approving conservation plans, if required under the ordinance.
ATCP 50.58(2)(g) (g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.
ATCP 50.58(2)(h) (h) Provisions, if any, related to the initial applicability and severability of the ordinance.
ATCP 50.58(2)(i) (i) The effective date of the ordinance.
ATCP 50.58(3) (3)County review. Before a county, city, village, or town adopts or amends a shoreland management ordinance under s. 92.17, Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.
ATCP 50.58(4) (4)Department approval.
ATCP 50.58(4)(a)(a) A county, city, village, or town may submit a proposed ordinance or amendment for department approval under sub. (1). Except as provided in par. (c), the county, city, village, or town shall submit all of the following with the proposed ordinance or amendment:
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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.