(b) Identifying the process to review existing plans of these participants and identifying discrepancies between plans.
(c) Addressing consistency of plans especially border issues between jurisdictions.
(d) Addressing implementation efforts to minimize conflicts between jurisdictions.
(e) Including proposals for coordination within extraterritorial boundaries through intergovernmental cooperation techniques.
(f) Including proposals for cooperative agreements.
(g) Engaging in a multi-jurisdictional plan as defined in s.
Adm 48.02(10).
(2) Applicants that provide a specific description of the means by which all of the local, comprehensive planning goals specified in s.
16.965(4), Stats., will be achieved. Twenty-five percent of the total points available shall be assigned to this subsection. Applications may be evaluated based on the applicant:
(a) Addressing each of the goals and discussing the specific elements within s.
66.1001, Stats., in which each of these goals will be addressed.
(b) Describing specific locational issues within the discussion of the goals such as population changes, transportation needs, environmental issues, housing issues and other planning issues.
(c) Describing the goals in a coherent and consistent manner between all goals.
(3) Applicants that provide a description of the process to identify smart growth areas. Under s.
16.965, Stats., a smart growth area is an area that will enable the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable, or that will encourage efficient development patterns that are both contiguous to existing development and at densities which have relatively low municipal, state governmental and utility costs. Twenty percent of the total points available shall be assigned to this subsection. Applications may be evaluated based on the applicant:
(a) Identifying the planning process for identifying potential smart growth areas and the policy implications for implementing these areas.
(b) Describing the implementation of smart growth areas.
(c) Developing these areas cooperatively with adjacent and overlapping jurisdictions.
(d) Identifying demographic, social and economic changes within the past ten years.
(4) Applicants that include planning efforts, including subsequent updates and amendments, that include development of implementing ordinances, including ordinances pertaining to zoning, subdivisions and land division. Twelve percent of the total points available shall be assigned to this subsection. Applications may be evaluated based on the applicant:
(a) Addressing the process of developing or updating ordinances and other implementation strategies that are consistent with the provisions of the plan or plan update.
(b) Identifying land use issues related to new, anticipated, or potential transportation facilities or improvements.
(c) Identifying innovative plan implementation techniques such as improved processes and coordination techniques among neighboring and overlapping jurisdictions, community design guidelines and other techniques.
(d) Describing the level of applicant's zoning authority.
(5) Applicants that include planning efforts contemplated for completion within 30 months from the date the grant is awarded. One percent of the total points available shall be assigned to this subsection.
(6) Applicants that include planning efforts that provide opportunities for public participation throughout the planning process. Twelve percent of the total points available shall be assigned to this subsection. Applications may be evaluated based on the applicant:
(a) Identifying the process for determining and adopting public participation procedures and address all requirements found in s.
66.1001(4)(a), Stats.
(b) Proposing creative, innovative public participation efforts.
(c) Providing a variety of opportunities for broad public participation throughout the planning process.
(d) Providing opportunities for neighboring and overlapping jurisdictions to participate.
Adm 48.07 Grant application evaluation. (1) The department shall evaluate and score applications based on the scoring established by the council under s.
Adm 48.06.
(2) When developing the planning grant priority list, the department through a peer review process identified within the planning grant manual, shall rank all applications according to the applicant's total score received.
(3) The department shall establish the threshold in the planning grant priority list for determining which applications will be funded on the basis of the grant evaluation under this section and the availability of grant funds.
(4) The department shall prepare a detailed summary of expenditures for proposed grant awardees identified under sub. (3), including funding sources and any funding source requirements. The department shall forward the summary to the council as required by s.
16.965, Stats., the department of transportation as required by s.
16.9651, Stats., and any other agency as necessary due to funding sources.
Adm 48.08 Grant awards. (1) The council shall review and approve or disapprove by resolution, the grant priority list including activities proposed to be funded in compliance with ss.
16.965(4) and
16.9651(2), Stats. The department shall receive approval from the council before awarding a grant.
(2) The department shall provide the department of transportation and other agencies, where required, with the detailed summary of activities proposed to be funded through transportation planning grants in compliance with s.
16.9651(2), Stats. The department shall receive written approval from the secretary of the department of transportation before awarding a transportation planning grant.
(3) Grant awards are contingent upon the execution of a grant agreement. Failure of an applicant to execute a grant agreement shall result in withdrawal of the offer. The department and the applicant may negotiate the specific budget items, and other terms and conditions prior to executing the grant agreement. Terms of a grant award shall be administered through the grant agreement.
Adm 48.09 Grant Administration. (1) Accounting for all project funds shall be in conformance with generally accepted accounting principles and practices, and shall be recorded by the grantee. Supporting records of expenditures shall be maintained in sufficient detail to show that costs were incurred for the purposes for which the grant was made. Grant records shall be maintained for a period of 3 years after the grant award.
(2) The grant period extends from the date that the department executes the grant agreement to the date the local governmental unit submits the adopted plan to the department in compliance with s.
66.1001(4)(b), Stats. The contract dates shall not extend beyond time limits for consistency requirements of a comprehensive plan under s.
66.1001(3), Stats. Unless the applicant commits to a shorter time in the application, the applicable grant period assigned in the grant agreement shall be as follows:
Population Plan
|
Single-
Jurisdictional Plan
|
Multi-
Jurisdictional Plan
|
1 to 25,000
|
30 months
|
36 months
|
25,001 to 50,000
|
36 months
|
42 months
|
50,001 and up
|
42 months
|
48 months
|
(3) The grantee may submit claims for payment to the department on forms provided by the department. The grantee shall submit at least one claim during each 12 month time period commencing with the date the department signs the grant agreement. The department shall reimburse awardees not more than quarterly. All claims shall be consistent with the grant agreement relative to expenditures within the scope of work and estimated costs. All claims shall include documentation of progress under the terms of the grant agreement.
(4) The department shall withhold 25% of the grant award as final payment until:
(a) The grantee provides the department with a copy of the adopted plan as provided by s.
66.1001 (4)(b), Stats., and the department verifies the plan meets all provisions of s.
66.1001, Stats.
Note: This verification does not indicate a certification of compliance with s.
66.1001, Stats. This verification also does not indicate council or department approval of the plan content or policies. It is an indication that the grantee has completed the plan within the statutory requirements.
(b) The provisions of the grant agreement are met.
(5) In developing digital map data, the grantee shall adhere to widely accepted standards and use appropriate existing source data referenced in the planning grant manual.
(6) The local governmental unit shall make data developed under this grant available for public dissemination.
(7) For multi-jurisdictional plans, where one or more of the local governmental units participating in the grant have not adopted the plan by the end of the grant period, that unit or units award amount shall be withheld from the final payment under s.
Adm 48.09(4).
(8) If the department finds that the project has not been completed pursuant to s.
Adm 48.09(4), by the end of the grant period, the department may seek repayment of the state share or a portion of the state share previously distributed to the grantee.
Fiscal Estimate
Although local government units (statutorily defined as towns, villages, cities, counties and regional planning commissions) are not required to develop and adopt comprehensive plans, s.
66.1001(3), Wis. Stats., specifies that beginning on January 1, 2010, any program or action of a local governmental unit that affects land use shall be consistent with that local governmental unit's comprehensive plan.
Sections
16.965(2) and
16.9651(2), Stats., require that a local governmental unit receiving planning grants, finance a percentage of the costs of preparing the plan from the resources of the local governmental unit.
The proposed rule codifies the current application, evaluation and award process used for FY 2001 comprehensive and transportation planning grants.
The amount of funds available for comprehensive and transportation planning grants will not change as a result of these rules.
Contact Person
Donna Sorenson
Department of Administration
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 01-090]
Repeated from mid-August Register
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to amend s.
ATCP 3.02 (1), to repeal and recreate ch.
ATCP 50, and to create s.
ATCP 40.11 Wis. Adm. Code, relating to the soil and water resource management program. The department will hold five hearings at the times and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until September 14, 2001, for additional written comments.
You may obtain a free copy of this rule by contacting Bonnie Shebelski at the Wisconsin Department of Agriculture, Trade and Consumer Protection, Bureau of Land and Water Resources, 2811 Agricultural Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911, telephone: 608/224-4620. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by August 20, 2001, by writing Bonnie Shebelski, DATCP, P.O. Box 8911, Madison, WI 53708-8911, telephone 608/224-4620. Alternatively, you may contact the department TDD at 608/224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Tuesday, August 28, 2001, 1:00 - 4:30 p.m.
Jefferson County Courthouse, Room 202
320 S. Main Street
Jefferson, Wisconsin
Tuesday, August 28, 2001, 1:00 - 4:30 p.m.
Multipurpose Room
Dunn County Judicial Center
615 Parkway Drive
Menomonie, Wisconsin
Wednesday, August 29, 2001, 1:00-4:30 p.m.
Richland Center Community Center
600 W. Seminary Street
Richland Center, Wisconsin
Wednesday, August 29, 2001, 1:00 - 4:30 p.m.
UWEX Meeting Rooms A and B
County Normal Building
104 S. Eyder Avenue
Phillips, Wisconsin
Thursday, August 30, 2001, 1:00 to 4:30 p.m.
Brown County Agriculture & Extension Center, Room 114
1150 Bellevue Street
Green Bay, Wisconsin
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule repeals and recreates current rules related to Wisconsin's soil and water resource management program. The department of agriculture, trade and consumer protection (“DATCP") administers this program under ch.
92, Stats. Among other things, this rule:
