92.106
92.106
Department review. The department shall review all soil and water conservation standards under
s. 92.105 at least once every 5 years to determine whether the standards are consistent with the purposes of the soil and water resource management program under
s. 92.14 (2).
92.106 History
History: 1991 a. 309.
92.11
92.11
Regulation of local soil and water resource management practices. 92.11(1)(1)
Proposed ordinances. To promote soil and water conservation or nonpoint source water pollution abatement, a county, city, village or town may enact ordinances for the regulation of land use, land management and pollutant management practices.
92.11(2)(a)(a) An ordinance enacted under this section may be applicable throughout the county or to any part of the county, including both incorporated and unincorporated areas.
92.11(2)(b)
(b) An ordinance enacted under this section may prohibit land uses and land management practices which cause excessive soil erosion, sedimentation, nonpoint source water pollution or storm water runoff.
92.11(3)
(3) Presentation; notice; hearing; county board adoption. Any ordinance proposed by the land conservation committee under this section shall be presented to the county board together with a report on the need for the ordinance and its expected economic and environmental impact. Within 2 weeks after its receipt, the county board shall publish the proposed ordinance as a class 2 notice, under
ch. 985, in a newspaper having general circulation throughout the county and make the report available for public inspection. The county board shall hold one or more public hearings on the proposed ordinance before taking final action. The county board shall adopt, adopt with revisions or disapprove the ordinance.
92.11(4)
(4) Referendum; local approval required. 92.11(4)(a)(a)
Definition. As used in this subsection, "affected area" means the entire town, all of a village within the county or all of a city within a county if an ordinance adopted under this section or a revision to an ordinance adopted under this section is applicable to any part of the town, village or city.
92.11(4)(b)
(b)
Referendum required. No ordinance adopted under this section and no revision to an ordinance adopted under this section may take effect in any affected area in that county unless the ordinance or revision is approved by referendum.
92.11(4)(c)
(c)
Wording of ballot question; procedure. The county board shall include the wording of the question to be placed before the electors in the referendum as a part of the ordinance adopted under this section or the revision to an ordinance adopted under this section. Upon the adoption of the ordinance or revision the county board shall forward a copy of the ordinance or revision to the county clerk who shall cause the question to be placed before the voters of the affected area in the next spring or general election occurring not less than 45 days after the adoption of the ordinance or revision. The form of the ballot shall correspond substantially with form "D" annexed to
s. 5.64 (2).
92.11(4)(d)
(d)
Approval; disapproval. If the question placed before the electors in the referendum is approved by a majority of all votes cast on that subject in an affected area in that county, the ordinance adopted under this section or the revision to an ordinance adopted under this section takes effect in that affected area. Otherwise, the ordinance or revision does not take effect in that affected area.
92.11(5)(a)(a) The county board shall by ordinance prescribe administrative procedures and provide personnel necessary for the enforcement of any ordinance enacted under this section. Ordinances enacted under this section may be enforced through civil forfeiture or through issuance of an injunction by the circuit court in an action initiated by the county or land conservation committee. The court may award reasonable attorney fees to any plaintiff in a successful action for enforcement through injunction.
92.11(5)(b)
(b) At least one year before the county or land conservation committee may initiate an action for enforcement, the land conservation committee shall make a reasonable effort to contact the landowner or land user in person and to furnish the landowner or land user all of the following:
92.11(5)(b)1.
1. An explanation orally and in writing of the reasons for the excessive soil erosion.
92.11(5)(b)2.
2. A management plan which, if followed, would reduce soil erosion to a rate established as acceptable by the land conservation committee. The management plan shall, with reasonable limits, set forth all of the options which are available to the landowner or land user to achieve acceptable soil erosion rates.
92.11(5)(b)3.
3. An explanation of the financial aids and technical assistance which are available to the landowner or land user. These may include, but are not necessarily limited to, cost-sharing, loans, tax incentives and technical assistance available from the land conservation committee and other agencies.
92.11(6)
(6) Board of adjustment. The county board shall provide for the appointment of a board of adjustment in any county which adopts an ordinance under this section.
92.11(7)
(7) Construction. Any ordinance enacted under this section shall be liberally construed in favor of the county. It shall be construed as setting minimum requirements for the purposes stated and not as a limitation on other powers granted the county board and land conservation committee.
92.11 Annotation
Ordinance passed under this section may be applicable to incorporated as well as unincorporated areas of the county.
77 Atty. Gen. 87.
92.12
92.12
Intergovernmental cooperation. Counties, cities, villages, towns and public agencies with natural resource responsibilities in the same or different counties may cooperate in carrying out the purposes of this chapter. If a problem of soil or water conservation is defined in part by drainage basin boundaries beyond a single county's borders or otherwise transcends these borders, the respective counties, cities, villages, towns and public agencies with natural resource responsibilities may enter into mutually binding agreements and contracts containing, but not limited to, provisions for mutually enforced and administered regulatory ordinances and cost-sharing distribution arrangements.
92.13
92.13
State and local agencies to cooperate. Agencies of the state having jurisdiction over, or charged with the administration of any state-owned lands, and any county or other governmental subdivision of the state having jurisdiction over, or charged with the administration of any county-owned or other publicly owned lands, shall cooperate to the fullest extent with the land conservation committee in carrying out programs under this chapter. The land conservation committee may enter and perform work upon these publicly owned lands. The provisions of land conservation practices ordinances enacted under
s. 92.11 are applicable to these publicly owned lands, and shall be in all respects observed by the agencies administering the lands.
92.14
92.14
Soil and water resource management program. 92.14(1)(1)
Definitions. In this section:
92.14(2)
(2) Establishment. There is created a soil and water resource management program, which has all of the following purposes:
92.14(2)(a)
(a) Enhancing protection of surface water and groundwater resources in this state.
92.14(2)(c)
(c) Providing financial and technical assistance for soil and water conservation activities.
92.14(2)(d)
(d) Promoting cost-effective soil and water conservation activities.
92.14(2)(g)
(g) Promoting and attaining the soil erosion control goals specified under
s. 92.025.
92.14(2)(h)
(h) Encouraging innovative local strategies, regulations and incentives to address soil and source water conservation activities.
92.14(2)(i)
(i) Increasing local technical assistance to address soil and water resource problems.
92.14(2)(j)
(j) Enhancing the administration and coordination of state nonpoint source water pollution abatement activities by the department and the department of natural resources.
92.14(3)
(3) Basic allocations to counties. To help counties meet administrative and technical operating costs in their soil and water conservation activities, the department shall award grants from the appropriation under
s. 20.115 (7) (c) to any county land conservation committee which has a workload allocation plan approved by the department under
s. 92.08 (2), and which, by county board action, has resolved to match any moneys granted under this subsection with an equal amount of county moneys. The county shall use the grant for county land conservation personnel to administer and implement activities directly related to any of the following:
92.14(3)(b)
(b) Animal waste management activities and ordinances under
s. 92.16.
92.14(3)(c)
(c) Soil erosion control activities in accordance with plans approved under
s. 92.10 and construction site ordinances.
92.14(3)(d)
(d) Nonpoint source water pollution abatement activities.
92.14(3)(e)
(e) Other conservation activities determined by the county to be necessary for conservation and resource management in that county.
92.14(3m)
(3m) Shoreland management grants. From the appropriation under
s. 20.115 (7) (qd), the department shall award grants to counties or farmers for implementing best management practices required under a shoreland management ordinance enacted under
s. 92.17, including reimbursement for all of the following:
92.14(3m)(a)
(a) The cost of fencing that the landowner installs in order to comply with the ordinance.
92.14(3m)(b)
(b) The cost of providing a well for livestock if, as a result of complying with the ordinance, the livestock does not have adequate access to water for drinking purposes.
92.14(4)
(4) Other soil and water resource grants. From the moneys remaining in
s. 20.115 (7) (c) after the department has awarded all grants for a year under
sub. (3) or from the appropriation under
s. 20.115 (7) (qd), the department may award grants to any eligible county, including any county which has received a grant under
sub. (3), for one or more of the following:
92.14(4)(a)
(a) Implementing soil and water resource management projects to manage animal waste and conserve soil approved in plans under s.
92.10 and under s.
92.15, 1985 stats.
92.14(4)(b)
(b) Implementing soil and water resource management projects undertaken to comply with the requirements under
ss. 92.104 and
92.105 by persons claiming a farmland preservation credit under
subch. IX of ch. 71.
92.14(4)(c)
(c) 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). In awarding grants under this paragraph, the department shall give preference to farmers who have received a notice of discharge under
s. 281.20 (3) or
ch. 283. 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 which the department determines to be the most cost-effective and may not exceed 70% of the total cost of that method. The department may issue grants directly to farmers under this paragraph.
92.14(4m)
(4m) Grant priority. Grants awarded under
sub. (4) shall be awarded in the following order:
92.14(4r)
(4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under
s. 20.370 (6) (aq) to the appropriation under
s. 20.115 (7) (qd) if necessary to provide grants under
sub. (4) (c).
92.14(5)
(5) Animal waste management grants in a priority watershed or priority lake area. 92.14(5)(a)(a) From the appropriation under
s. 20.115 (7) (km), the department may make a grant for the purpose specified in
sub. (4) (c) if the facility or system will be located in a priority watershed, as defined in
s. 281.65 (2) (c), or a priority lake area, as defined in
s. 281.65 (2) (bs), and the conditions specified in
sub. (4) (c) are satisfied.
92.14(5)(b)
(b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under
s. 20.370 (6) (aa) or
(aq) to the appropriation account under
s. 20.115 (7) (km) if the funds are needed to pay grants under
par. (a).
92.14(6)(a)(a) The department shall establish a priority list of funding needs for soil and water resource management activities under this section.
92.14(6)(b)
(b) The department, in cooperation with the department of natural resources, shall prepare an annual grant allocation plan identifying the amounts to be spent annually for the categories of soil and water resource management projects to be funded under this section and the general purposes of those projects, which it shall specify. The department shall submit that plan to the board.
92.14(6)(c)
(c) In developing the allocation plan for projects under
par. (b), the department, in cooperation with the department of natural resources, may consider any of the following factors:
92.14(6)(c)1.
1. Cost-effectiveness of an activity, including but not limited to technical assistance, educational assistance, management practices, and satisfying the requirements under
ss. 92.104 and
92.105 for claiming farmland preservation credits under
subch. IX of ch. 71.
92.14(6)(c)2.
2. The amount of soil erosion reduction proposed to be effected by the activity.
92.14(6)(c)3.
3. Severity of the water quality problem addressed by an activity.
92.14(6)(c)4.
4. The comprehensiveness of an activity's planning methods and the area affected by an activity.
92.14(6)(c)5.
5. The degree of cooperation and commitment and the amount of supplemental funds from other sources contributed by counties related to an activity.
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 on approval, modification or disapproval of the plan. The department shall review and approve or disapprove the plan and shall notify the board of the department's final action on the plan.
92.14(6)(e)
(e) The department shall make grant awards under this section to eligible applicants which are consistent with the allocation plan approved by the department under
par. (d).
92.14(6)(f)
(f) The department shall provide summaries of projects awarded grants under
par. (e) to the board for its review.
92.14(6)(g)
(g) Every project awarded a grant under this section shall be consistent with the plans under s.
92.15, 1985 stats., and under this section and
ss. 92.08,
92.10 and
281.65.
92.14(6)(h)1.1. The department may not make a grant 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)1.e.
e. The amount of the grant does not exceed 70% of the cost of the facility or structure.
92.14(6)(h)2.
2. The department may make payments under this section for the construction of a facility or system related to animal waste management directly to farmers who receive a notice of discharge related to animal waste under
ch. 283.
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)(h)4.
4. The department may exceed the limits under
subd. 1. d. and
e. in cases of economic hardship, as defined by rule by the department.
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 plans approved under s.
92.15, 1985 stats., and under
ss. 92.08,
92.10,
92.14 and
281.65, or to repay the cost-sharing funds to the grant recipient.
