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 the performance standards, prohibitions, conservation practices and technical standards under
s. 281.16 and with plans approved under this section, under s.
92.15, 1985 stats., and under
ss. 92.08,
92.10 and
281.65, or to repay the cost-sharing funds.
92.14(6)(j)
(j) 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
s. 92.10, easements or other activities determined by the department to satisfy the requirements of this chapter.
92.14(6)(k)
(k) 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.
92.14(6)(L)
(L) The department may make a grant under this section 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.
92.14(7)
(7) Maintenance of effort. The department may not make a grant to a county under this section in any fiscal year unless that county enters into an agreement with the department to maintain or increase its aggregate expenditures from other sources for land and water conservation activities at or above the average level of such expenditures in its 2 fiscal years preceding August 1, 1987.
92.14(8)
(8) Rules. In consultation with the department of natural resources, the department shall promulgate rules to administer this section and the department's duties under
s. 281.65.
92.14(10)
(10) Training. The county 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. The department may contract with any person for services to administer or implement this chapter, including information and education and training.
92.14(11)
(11) Aid to state agencies. The department may distribute grants and aids to any state agency, including itself, for implementation of the soil and water resource management program on land under state ownership or control, subject to this chapter.
92.14(12)
(12) Annual report. Annually, the department, in cooperation with the department of natural resources, shall submit a report on the progress of the program under this section and
s. 281.65 to the board.
92.14(13)
(13) Evaluation plan. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and
s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
92.14(14)
(14) Application, reporting and evaluation forms. The department, jointly with the department of natural resources, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and
s. 281.65.
92.14(15)
(15) Financial information. The department shall consult with the department of natural resources when it prepares the information which it submits to the department of administration under
s. 16.42.
92.15
92.15
Local regulation of livestock operations. 92.15(1)(a)
(a) "Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.
92.15(1)(b)
(b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
92.15(2)
(2) Notwithstanding
ss. 92.11 and
92.17, a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under
s. 281.16 (3).
92.15(3)(a)(a) Notwithstanding
ss. 92.11 and
92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under
s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under
s. 281.15.
92.15(3)(b)
(b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under
par. (a).
92.15(4)
(4) A local governmental unit may not apply a regulation under
sub. (2) or
(3) to a livestock operation that exists on October 14, 1997, unless the local governmental unit determines, using the rules promulgated under
s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under
s. 92.14,
281.16 (5) or
281.65 or from any other source.
92.15(5)
(5) Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under
s. 283.31 or that receives a notice of discharge under
ch. 283 may continue to operate as a livestock operation at the same location notwithstanding
s. 59.69 (10) (a) or
62.23 (7) (h) or any zoning ordinance enacted under
s. 59.69,
60.61,
60.62,
61.35 or
62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under
s. 59.69,
60.61,
60.62,
61.35 or
62.23 (7) on October 14, 1997.
92.15 History
History: 1997 a. 27.
92.16
92.16
Manure storage facilities. A county, city, village or town may enact an ordinance requiring manure storage facilities constructed after July 2, 1983, to meet the technical standards of the county, city, village or town and rules of the department. The department shall adopt rules for ordinances setting standards and criteria for construction of manure storage facilities.
92.16 History
History: 1983 a. 27; Stats. 1983 s. 92.16;
1983 a. 410 s.
24n; Stats. 1983 s. 92.34;
1985 a. 8 s.
10; Stats. 1985 s. 92.16;
1987 a. 27;
1993 a. 246.
92.16 Annotation
Ordinance passed under this section is applicable only in unincorporated areas of the county.
77 Atty. Gen. 87.
92.17
92.17
Shoreland management. 92.17(1)
(1)
Guidelines ordinance. The guidelines for a shoreland management ordinance shall establish standards for activities related to the purpose of maintaining and improving surface water quality.
92.17(2)
(2) Authority to enact ordinance. 92.17(2)(a)(a) A city or village may enact a shoreland management ordinance.
92.17(2)(ag)
(ag) A county may enact a shoreland management ordinance. A county shoreland management ordinance does not apply in any town that enacts an ordinance under
par. (ar).
92.17(2)(ar)
(ar) A town may enact a shoreland management ordinance that is prepared under
sub. (1).
92.17(2)(b)
(b) If a county, city or village proposes to enact an ordinance based on the guidelines prepared under
sub. (1), or if a town proposes to enact a shoreland management ordinance, the county, city, village or town shall submit a draft of the ordinance to the department.
92.17(2)(c)
(c) The board shall review a draft of an ordinance submitted under
par. (b) and make recommendations to the department.
92.17(2)(d)
(d) The department shall review and approve or disapprove a draft of an ordinance submitted under
par. (b).
92.17(2)(e)
(e) A county, city or village may enact an ordinance based on the guidelines prepared under
sub. (1) only if the draft of the ordinance is approved by the department under
par. (d). A town may enact a shoreland management ordinance only if the draft of the ordinance is approved by the department under
par. (d).
92.17(2m)
(2m) Authority to enforce ordinance. A county, city, village or town may not enforce a shoreland management ordinance unless funds have been appropriated for grants under
s. 92.14 (3m).
92.17(2r)
(2r) Department not to require enactment. The department may not require a county, city, village or town to enact an ordinance under this section as a condition of any other program administered by the department.
92.17(4)
(4) Cooperation. The department shall consult with the governing bodies of counties, cities, villages and towns to secure voluntary uniformity of regulations, so far as practicable, shall identify low-cost practices and shall extend assistance to counties, cities, villages and towns under this section.
92.17 History
History: 1991 a. 309;
1993 a. 213.
92.18
92.18
Training and certification. 92.18(1)
(1) The department shall, by rule, establish a program of training and certification for persons who review plans for, conduct inspections of or engage in activities under any of the following:
92.18(1)(b)
(b) Section 281.65, if those activities relate to agricultural practices.
92.18(2)
(2) The department shall do all of the following:
92.18(2)(a)
(a) Identify those persons involved in plan review or inspections who are required to obtain certification.
92.18(2)(b)
(b) Establish the requirements for and the term of initial certification, and the requirements for recertification upon expiration of that term. To the extent possible, the department shall establish the requirements for certification in conformance with the engineering approval system used by the federal soil conservation service in providing technical assistance under
7 CFR 610.1 to
610.5. The department may require applicants to pass an examination in order to receive initial certification.
92.18(2)(c)
(c) Establish different levels of certification as the department determines is appropriate.
92.18(2)(d)
(d) Identify persons other than inspectors and plan reviewers who may benefit from the training program, and encourage those persons to enroll in the training program.
92.18(3)
(3) The department may impose fees for the training and certification program.
92.18(4)
(4) The department shall promulgate rules under this section in consultation with the department of natural resources.
92.18(5)
(5) Any training required under this section may be conducted by the department or the department of natural resources or by another person with the approval of the department.
92.18(6)
(6) The department may suspend or revoke a certification under this section for failure to comply with this section or rules promulgated under this section.
92.18 History
History: 1991 a. 309;
1995 a. 227.
