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Establish and document priorities and objectives.
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Project available funding and resources.
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Establish and document a plan of action.
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Identify roles and responsibilities.
Before a county submits a land and water resource management plan for DATCP approval, the county must hold at least one public hearing on the plan. The county must also make a reasonable effort to notify farmers affected by county findings, and give them an opportunity to contest the findings.
DATCP may review a county's ongoing implementation of a DATCP-approved county plan. DATCP may consider information obtained in its review when it makes its annual grant allocations to counties.
County Ordinances
A county may require farm conservation practices by ordinance. DATCP must review, and may comment on, proposed ordinances that implement farm conservation requirements under this rule (see s. 92.05(3)(L), Stats.). DATCP will review agricultural shoreland management ordinances and other ordinances that regulate farm conservation practices. DATCP will assist DNR in reviewing general shoreland management ordinances adopted under s. 59.692, Stats., if those ordinances regulate farm conservation practices.
A county need not obtain DATCP approval to adopt an ordinance, except for an agricultural shoreland management ordinance (see s. 92.17, Stats.). This rule, like current rules, establishes specific standards for county and local ordinances related to manure storage and agricultural shoreland management (see below).
A county ordinance implementing this rule may not require a farmer to discontinue or modify that part of an agricultural facility or practice that was constructed or begun prior to the effective date of this rule unless the farmer's cost is insignificant, or the farmer receives at least 70% cost-share funding (see above).
Farmland Preservation; Conservation Standards
Farmers who claim farmland preservation tax credits must currently meet county farm conservation standards. This rule requires every county, by December 31, 2006, to incorporate in its standards the farm conservation practices required under this rule (see above). In a county that fails to comply, farmers may be disqualified from claiming tax credits. DATCP may also deny soil and water conservation funding to a noncomplying county.
This rule spells out the procedure by which a county must adopt conservation standards for farms receiving tax credits under the farmland preservation program. The county must hold a public hearing on the proposed standards. The county must also submit the proposed standards for LWCB approval, as required under s. 92.105, Stats..
A farmer must comply with the county conservation standards in order to claim farmland preservation tax credits. A county may ask a farmer to certify compliance on an annual or other periodic basis, and must inspect a farmer's compliance at least once every 6 years. The county must issue a notice of noncompliance if the county finds that a farmer is not complying with the standards. If the farmer fails to comply by a deadline specified in the notice, the farmer may no longer claim farmland preservation tax credits. The farmer may meet with the county land conservation committee to discuss or contest a notice.
A farmer who fails to meet farmland preservation conservation standards may continue to claim tax credits if the farmer complies with a farm conservation plan that will achieve full compliance within 3 years. A farm conservation plan is a written agreement between the farmer and county, in which the farmer agrees to install specified conservation practices by a specified date.
Annual Grant Application
By April 15 of each calendar year, a county must file its funding application with DATCP for the next calendar year. The county may request any of the following:
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A basic annual staffing grant. A staffing grant is used to finance county staff engaged in soil and water conservation programs (see below). A grant may include training and support for county staff. The county must match a portion of the staffing grant, as provided in this rule. The grant application must identify the activities that the staff will perform, the amount of staff time projected for those activities, and the amount of funding requested.
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Cost-share funding for farm conservation practices. The county must identify the amount of cost-share funding requested, and the purposes for which the county will use that funding. DATCP distributes cost-share funding on a reimbursement basis, after the county certifies that the cost-shared practices are properly installed and paid for.
Annual Reports
By April 15 of each year, a county must file with DATCP a year-end accomplishment report for the preceding calendar year. The report must describe the county's activities and accomplishments, including progress toward the objectives identified in the county land and water resource management plan (see above).
By April 15 of each year, a county must also file with DATCP a year-end financial report for the preceding calendar year. The county must account for all soil and water conservation funds provided by DATCP. The report must include the county's opening balance, receipts, expenditures and closing balance in each relevant funding category. The county's chief financial officer must sign the report.
Accounting and Recordkeeping
Every county land conservation committee, in consultation with the county's chief financial officer, must establish and maintain an accounting and recordkeeping system that fully and clearly accounts for all soil and water conservation funds. The records must document compliance with applicable rules and contracts.
DATCP Review
DATCP may review county activities under this rule, and may require the county to provide relevant records and information.
Training for County Staff
DATCP may provide training, distribute training funds to counties (see below), make training recommendations, and take other action to ensure adequate training of county staff. Under this rule, DATCP must appoint a training advisory committee to advise DATCP on county staff training activities. The committee must include representatives of all the following:
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DNR.
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NRCS.
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The university of Wisconsin-extension.
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The statewide association of land conservation committees.
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The statewide association of land conservation committee staff.
Grants to County and Local Government
DATCP awards soil and water conservation grants to counties. These grants finance county staff and support, as well as county cost-share grants to landowners. DATCP does not provide grants to local government, except that DATCP may award staffing grants to local governments engaged in DNR priority watershed projects. In certain limited cases, DATCP may authorize a county to distribute cost-share funds to local governments to finance conservation practices required by local ordinances.
DATCP may award grants (service contracts) to governmental or non-governmental entities for information, education, training and other services related to DATCP's administration of the soil and water conservation program. Under this rule, DATCP will no longer award cost-share grants directly to individual landowners.
Annual Grant Allocation Plan
This rule requires DATCP to allocate soil and water conservation grants according to an annual grant allocation plan. The DATCP secretary signs the allocation plan after consulting with the LWCB. The plan must specify, for the next calendar year, all the following:
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The total amount appropriated to DATCP for possible allocation under the plan, including the amounts derived from general purpose revenue (GPR), segregated revenue (SEG) and bond revenue sources.
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The total amount allocated under the plan, including the amounts allocated from GPR, SEG and bond revenue sources.
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The total amount allocated for basic annual staffing grants to counties, the total and subtotal amounts allocated to each county, and an explanation for any material difference in allocations between counties.
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The total amount allocated to counties for cost-share grants to landowners, the total and subtotal amounts allocated to each county, and an explanation for those allocations.
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The amounts allocated to non-county grant recipients, and an explanation for those allocations.
DATCP must prepare the annual grant allocation plan after reviewing county grant applications. DATCP will normally provide a draft plan to DNR, the LWCB and every county land conservation committee by August 1 of the year preceding the calendar year to which the plan applies.
DATCP must adopt an annual allocation plan by December 31 of the year preceding the calendar year to which the plan applies. The final draft plan may include changes recommended by the LWCB, as well as updated estimates of project costs. DATCP must provide copies of the plan to DNR, the LWCB and every county land conservation committee.
Revising the Allocation Plan
DATCP may make certain revisions to an annual grant allocation plan after it adopts that plan. The DATCP secretary must sign each plan revision. A revision may do any of the following:
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Extend funding for landowner cost-share contracts that were signed by November 1 of the preceding year, but not completed during that year. Counties must apply by January 15 for contract funding extensions.
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Increase the total grant to any county. DATCP must give all counties notice and an equal opportunity to compete for funding increases (other than funding extensions for existing cost-share contracts).
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Reduce a grant award to any county with the agreement of that county.
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Reallocate a county's annual grant between grant categories, to the extent authorized by law and with the agreement of the county.
Before DATCP revises an annual grant allocation plan, it must do all the following:
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Provide notice and a draft revision to DNR, the LWCB and every county land conservation committee. The notice must clearly identify and explain the proposed revision.
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Obtain LWCB recommendations on the proposed revision.
Grant Priorities
Under this rule, DATCP must consider all the following when preparing an annual grant allocation plan:
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County staff and project continuity. DATCP must give high priority to maintaining county staff and project continuity. DATCP must also consider priorities identified in the county grant application and in the county's approved land and water resource management plan.
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Statewide priorities. DATCP may give priority to county projects that address the following statewide priorities:
*Farms discharging pollutants to waters that DNR has listed as “impaired waters" under 33 USC 1313(d)(1)(A).
*Farms applying nutrients at more than twice the maximum rate specified under this rule.
*Farms whose cropland erosion is more than twice T-value.
*Farms discharging substantial pollution to waters of the state.
*Farms claiming tax credits under the farmland preservation program.
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Other factors. DATCP may also consider the following factors, among others, when determining grant allocation priorities:
*The strength of the county's plan and documentation.
*A county's demonstrated commitment to adopt and implement the farm conservation practices required under this rule.
*The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.
*The relative severity and priority of the water quality and soil erosion problems addressed.
*The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.
*The extent to which funded activities are part of a systematic andcomprehensive approach to soil erosion and water quality problems.
*The timeliness of county grant applications and annual reports.
*The completeness of county grant applications and supporting data.
*The county's demonstrated ability, cooperation and commitment, including its commitment of staff and financial resources.
*The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.
*The degree to which funded projects meet county needs and state requirements.
*The degree to which county activities are consistent with the county's approved land and water resource management plan.
Basic Annual Staffing Grants to Counties
DATCP must award a basic annual staffing grant to each eligible county that makes a required commitment of county funds. DATCP may not use bond revenue funds for county staffing grants. DATCP must distribute a basic annual staffing grant according to an annual grant contract with the county.
A county must use a basic annual staffing grant in the year for which it is made. The county may use the grant for any of the following purposes specified in the grant contract:
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Salaries, fringe benefits and training for county staff engaged in soil and water resource management activities.
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Training for county land conservation committee members.
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Any of the following staff support costs identified in the grant application:
*Travel expenses, including mileage charges, vehicle leases, meals, lodging and other necessary costs.
*Personal computers, software, printers and related devices.
*Office supplies, including paper, copies, printing and postage.
*Office equipment and furnishings, including desks, chairs, calculators, drafting equipment and file cabinets.
*Field equipment.
