281.65(4)(e)
(e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under
sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The department may waive the standards and specifications in exceptional cases. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under
s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to
s. 13.565.
281.65(4)(f)
(f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. A grant awarded under this section may be used for technical assistance, educational and training assistance, ordinance development and administration, cost-sharing for management practices and capital improvements, plan preparation under
par. (g), easements or other activities determined by the department to satisfy the requirements of this section.
281.65(4)(g)
(g) In cooperation with the department of agriculture, trade and consumer protection and the appropriate governmental unit, prepare priority watershed and priority lakes plans to implement nonpoint source water pollution abatement projects and storm water control activities described in
sub. (8c) in priority watersheds and priority lake areas, as designated under
sub. (3) (am) or
(4) (cm). In preparing the plans, the department shall:
281.65(4)(g)1.
1. Conduct the planning process in a cost-effective and timely manner and scale the planning process in accordance with the scale and nature of the pollution problem addressed in the plan.
281.65(4)(g)2.
2. Promote significant participation from the department of agriculture, trade and consumer protection and other state agencies, governmental units and other persons located in any priority watershed or in any priority lake area that is the subject of the plan.
281.65(4)(g)3.
3. Prepare a water resource assessment, set water quality goals and analyze alternative management practices for the area which is the subject of the plan.
281.65(4)(g)4.
4. In cooperation with the department of agriculture, trade and consumer protection, incorporate the appropriate best management practices into the plan.
281.65(4)(g)5.
5. Determine whether any county, city, village or town within the area which is the subject of the plan, as a condition of a grant under this section, should be required to develop a construction site erosion control ordinance under
s. 59.693,
60.627,
61.354 or
62.234 or a manure storage ordinance under
s. 92.16 in order to meet the water quality goals established in the plan.
281.65(4)(g)6.
6. Determine the specific plan components to be prepared by any appropriate governmental units in the watershed or in the area of the project affecting the priority lake, after determining the technical, financial and staffing capability of that governmental unit.
281.65(4)(g)8.
8. Establish an implementation plan for each priority watershed and priority lake, including all of the following:
281.65(4)(g)8.a.
a. A list of the best management practices identified under
par. (dm) that are most critically needed to achieve water quality objectives in the priority watershed or priority lake.
281.65(4)(g)8.am.
am. Designation as critical sites those sites that are significant sources of nonpoint source pollution upon which best management practices must be implemented in order to obtain a reasonable likelihood that the water quality objectives established under
par. (dm) can be achieved.
281.65(4)(g)8.b.
b. A procedure for establishing implementation priorities to meet the needs identified in
subd. 8. a. with the highest priority given to significant sources of nonpoint pollution that substantially inhibit the achievement of water quality objectives.
281.65(4)(g)8.c.
c. Consultation with the committee appointed under
par. (dr) concerning the implementation plan.
281.65(4)(g)8.d.
d. A requirement to review the implementation plan periodically and to modify the implementation plan to reflect the agreements entered into by landowners and operators to implement best management practices.
281.65(4)(g)8.e.
e. Provisions for public notice and education concerning the implementation plan in the period during which grants are available to governmental units and landowners and operators, in order to achieve the greatest level of voluntary participation.
281.65(4)(g)9.
9. Complete the planning process in all priority watersheds by December 31, 2015.
281.65(4)(h)
(h) Designate a governmental unit to perform the inventory required under
sub. (4m) (a).
281.65(4)(i)
(i) Cooperate with the department of agriculture, trade and consumer protection under
s. 92.14 (6).
281.65(4)(j)
(j) A governmental unit 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.
281.65(4)(k)
(k) Before public debt is contracted for projects under this section, prepare a plan for the expenditure of the proceeds of that debt and submit the plan to the land and water conservation board.
281.65(4)(o)
(o) Annually, in cooperation with the department of agriculture, trade and consumer protection, submit a report on the progress of the program under this section to the land and water conservation board.
281.65(4)(p)
(p) Jointly with the department of agriculture, trade and consumer protection, prepare the plan required under
s. 92.14 (13). The department shall review and approve or disapprove the plan and shall notify the land and water conservation board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
281.65(4)(pm)
(pm) Jointly with the department of agriculture, trade and consumer protection, develop the forms required under
s. 92.14 (14).
281.65(4)(q)
(q) Include the report submitted under
sub. (3) (b), along with a request for all resources and any changes necessary to implement each recommendation in the report, in the information that it submits to the department of administration under
s. 16.42 for the program under this section.
281.65(4)(r)
(r) Jointly with the department of agriculture, trade and consumer protection, develop the standards under
sub. (5) (c).
281.65(4)(s)
(s) Provide staff services to the land and water conservation board.
281.65(4)(t)
(t) Transfer funds from the appropriation account under
s. 20.370 (6) (aa) or
(aq) to the appropriation account under
s. 20.115 (7) (km) at the request of the department of agriculture, trade and consumer protection, after the land and water conservation board approves the transfer, under
s. 92.14 (5) (b).
281.65(4g)
(4g) The department may contract with any person from the appropriations under
s. 20.370 (6) (aa) and
(at) for services to administer or implement this section, including information and education and training services.
281.65(4m)(a)(a) Any governmental unit or regional planning commission designated by the department under
sub. (4) (h) shall prepare an inventory of nonpoint source water pollution in the watershed which is the subject of the plan under
sub. (4) (g) and submit the inventory to the department for incorporation into the plan.
281.65(4m)(b)
(b) Every plan prepared for an area under
sub. (4) (g) shall include all of the following:
281.65(4m)(b)3.
3. The identification of critical surface water and groundwater protection management areas within that area and the agricultural and nonagricultural best management practices to be applied to that area.
281.65(4m)(b)4.
4. A plan implementation schedule developed in cooperation with the appropriate governmental unit or designated local management agency identified under
sub. (4) (b).
281.65(4m)(b)6.
6. An integrated resource management strategy to protect or enhance fish and wildlife habitat, aesthetics and other natural resources.
281.65(4m)(b)7.
7. A comprehensive management strategy to manage agricultural and nonagricultural nonpoint source water pollution affecting surface water or groundwater, including animal waste, fertilizer, pesticides, storm water, construction site erosion and other nonpoint sources of water pollution.
281.65(4m)(c)
(c) The department shall submit a copy of any plan it completes under this subsection to any county located in or containing any watershed which is a subject of the plan and to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall review the plan and notify the department of natural resources of its comments on the plan. A county receiving a plan under this subsection shall review the plan, approve or disapprove the plan and notify the department of natural resources of its action on the plan.
281.65(4m)(d)
(d) After the department considers the comments of the department of agriculture, trade and consumer protection on a plan under
par. (c) and receives approval of the plan by every county to which it was sent and by the land and water conservation board, the department shall designate the plan to be an element of the appropriate areawide water quality management plan under
P.L. 92-500, section 208.
281.65(5)
(5) The department of agriculture, trade and consumer protection shall:
281.65(5)(b)
(b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under
ss. 92.104 and
92.105, animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under
sub. (4m) (b).
281.65(5)(c)
(c) Jointly with the department, develop technical standards for agriculturally related best management practices.
281.65(5)(d)
(d) Develop a grant disbursement and project management schedule for agriculturally related best management practices to be included in a plan established under
sub. (4) (g) and identify recommendations for implementing activities or projects under
ss. 92.10,
92.104 and
92.105.
281.65(5)(e)
(e) Identify areas within a priority watershed or priority lake area that are subject to activities required under
ss. 92.104 and
92.105.
281.65(5)(f)
(f) Provide implementation assistance as identified and approved in the priority watershed or priority lake plan under
sub. (4) (g).
281.65(5m)
(5m) Upon completion of plans by the department under
sub. (4) (g), the governmental unit or regional planning commission under
sub. (4m) and the department of agriculture, trade and consumer protection under
sub. (5), and upon receiving the approval of the land and water conservation board, the department shall prepare and approve the final plan for a priority watershed or priority lake.
281.65(5s)
(5s) The department may make modifications, including designating additional sites as critical sites, in a priority watershed or priority lake plan with the approval of every county to which the department sent the original plan under
sub. (4m) (c) and of the land and water conservation board. If the owner or operator of a site prevails in a final review under
sub. (7) or the site is not designated as a critical site in the original plan under
sub. (5m) and the pollution is from an agricultural source and is not caused by animal waste, the department may not make a modification designating the site as a critical site unless the designation is based on a substantial increase in pollution from the site, on information about pollution from the site that was not available when the plan was prepared or on a substantial change to the criteria for designating a site as a critical site. This subsection applies to a priority watershed or priority lake plan completed before, on or after August 12, 1993.
281.65(5w)
(5w) After the land and water conservation board approves a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in
sub. (7) and either
s. 281.20 or, if the pollution is caused primarily by animal waste,
ss. NR 243.21 to
243.26, Wis. adm. code.
281.65(5y)
(5y) If the owner or operator of a critical site installs and maintains best management practices as provided under the priority watershed or priority lake plan, the site is no longer a critical site. The owner or operator may discontinue maintenance of a best management practice for a period during which the owner or operator changes the use of the site if the best management practice is not needed for the changed use.
281.65(6)
(6) The appropriate governmental unit is responsible for local administration and implementation of priority watershed and priority lakes projects and shall:
281.65(6)(a)
(a) Be responsible for coordination and implementation of activities necessary to achieve water quality objectives including the development of a detailed program for implementation.
281.65(6)(b)
(b) Utilize, whenever possible, existing staff or contract with existing governmental agencies to utilize that agency's existing staff to provide various field, administrative, planning and other services.
281.65(6)(d)
(d) Participate in the plan preparation under contract with the department. The department shall determine the specific plan components which will be prepared depending upon the technical, financial and staffing capability of the appropriate governmental unit.
281.65(7)(a)1.1. The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under
sub. (5m) or in a modification to such a plan under
sub. (5s) may request a review of that designation by filing a written request within 60 days after receiving notice under
sub. (5w) with the land conservation committee of the county in which the site is located or, if the site is located in more than one county, with the land conservation committee of the county in which the largest portion of the site is located.
281.65(7)(a)2.
2. A county land conservation committee receiving a request under
subd. 1. shall provide the owner or operator with a hearing and shall provide reasonable notice of the hearing to the owner or operator, the department and the department of agriculture, trade and consumer protection. The county land conservation committee shall conduct the hearing under this subdivision as an informal hearing.
Section 68.11 (2) does not apply to the hearing. The land conservation committee shall hold the hearing in a place convenient to the owner or operator. Within 60 days after the hearing, the department shall, and the department of agriculture, trade and consumer protection may, submit a report and recommendation to the land conservation committee concerning the issues at the hearing. The land conservation committee may affirm or reverse the designation of the site as a critical site.
281.65(7)(b)
(b) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under
sub. (5m) or in a modification to such a plan under
sub. (5s) or the department of natural resources may obtain a review of the decision of a county land conservation committee under
par. (a) 2. by filing a written request with the land and water conservation board within 60 days after receiving the decision of the county land conservation committee.
281.65(7)(c)
(c) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under
sub. (5m) or in a modification to such a plan under
sub. (5s) may request a contested case hearing under
ch. 227 to review the decision of the land and water conservation board under
par. (b) by filing a written request with the department within 60 days after receiving an adverse decision of the land and water conservation board.
281.65(8)
(8) Eligibility for cost-sharing grants under this section shall be determined based on the following:
281.65(8)(a)
(a) Governmental units and individual landowners or operators are eligible for cost-sharing grants.
281.65(8)(b)
(b) Grants may be provided to applicants in priority watershed areas for projects in conformance with approved areawide water quality management plans.
281.65(8)(c)
(c) Grants may be provided to applicants in nonpriority watersheds for projects which are in conformance with areawide water quality management plans and which conform to the purposes specified under
sub. (1).
281.65(8)(cm)
(cm) Grants may be provided from the appropriations under
s. 20.370 (6) (aa) and
(aq) to applicants for projects affecting priority lakes if the projects are in conformance with areawide water quality management plans and the purposes specified under
sub. (1).
281.65(8)(d)
(d) Each cost-sharing grant shall be approved by the designated management agency.
281.65(8)(e)
(e) Except as provided in
sub. (8c), grants may only be used for implementing best management practices.
281.65(8)(f)
(f) The state share of a cost-sharing grant under this section may not exceed 50% of the cost of implementing the best management practice except as provided under
pars. (g) and
(h).
281.65(8)(g)
(g) The department may increase the state share of a cost-sharing grant under this section up to 70% of the cost of implementing the best management practice if the department, in consultation with the department of agriculture, trade and consumer protection, determines that:
281.65(8)(g)1.
1. The main benefits to be derived from the best management practices are related to improving offsite water quality; and
281.65(8)(g)2.
2. The matching share requirement under
par. (f) would place an unreasonable cost burden on the applicant.
281.65(8)(gm)
(gm) The department shall exceed the limit under
par. (g) and any limit imposed by rule on the total amount of a grant in cases of economic hardship, as defined by the department by rule.
281.65(8)(h)
(h) The department may increase the state share of a cost-sharing grant under this section up to 80% of the cost of implementing the best management practice if:
281.65(8)(h)1.
1. The department, in consultation with the department of agriculture, trade and consumer protection, determines that
par. (g) 1. and
2. applies; and
281.65(8)(h)2.
2. A county matching share is provided which equals the state share over 70%.
281.65(8)(hm)
(hm) Notwithstanding
pars. (g) and
(h), the department may not increase a cost-sharing grant above 50% of the cost of land acquisition, storm sewer rerouting or the removal of structures necessary to install structural urban best management practices.
281.65(8)(i)
(i) The local matching share of a cost-sharing grant under this section shall be at least 30% of the cost of implementing the best management practice except as provided under
par. (j).
281.65(8)(j)
(j) The local matching share of a cost-sharing grant under this section shall be the remainder of the cost of implementing the best management practice after subtracting the state share and county share if the department increases the state share under
par. (h).
281.65(8)(jm)
(jm) Notwithstanding
pars. (f) to
(h), after cost-sharing grants have been available in a priority watershed or priority lake area for 36 months only a reduced grant, which may not exceed a percentage established by the department by rule of the cost of implementing the best management practice, may be provided to the owner or operator of a site designated as a critical site in a priority watershed plan under
sub. (5m) or in a modification to such a plan under
sub. (5s).
281.65(8)(k)
(k) A minimum of 70% of the total amount of cost-sharing grants available annually under this section shall be utilized for implementing best management practices in priority watersheds.
281.65(8)(L)
(L) A grant may not be made to an individual if the department receives a certification under
s. 49.855 (7) that the individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
281.65(8)(m)
(m) The department may recognize the value of a conservation easement created under
s. 700.40 (2) and donated to the department, or to any person approved by the department, as constituting all or a portion of the landowner's or operator's share of a cost-sharing grant as determined under
pars. (f) to
(h).
281.65(8)(n)
(n) 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.
281.65(8)(o)
(o) The department shall provide grants for animal waste storage facilities in amounts not to exceed an amount specified by the department by rule.
281.65(8)(p)
(p) The department may provide a cost-sharing grant 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.
281.65(8c)
(8c) The department may distribute a grant to a municipality that is required to control storm water discharges under
33 USC 1342 (p) in a priority watershed or priority lake area for practices, techniques or measures to control storm water discharges if those practices, techniques or measures are identified in the plan under
sub. (4) (g) for the priority watershed or priority lake area.
281.65(8d)
(8d) The department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under
s. 283.33 and that is located in a priority watershed area, a priority lake area or an area that is identified as an area of concern by the International Joint Commission, as defined in
s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement.
