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 land and water conservation activities.
92.14(2)(d)
(d) Promoting cost-effective land 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 land and water conservation activities, the department shall award grants from the appropriation under
s. 20.115 (7) (c) or
(qd) 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) (c) or
(qd) or
20.866 (2) (we), 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 land and water resource grants. From the moneys remaining in
s. 20.115 (7) (c) and
(qd) after the department has awarded all grants for a year under
sub. (3) or from the appropriation under
s. 20.866 (2) (we), the department may award grants to any eligible county, including any county which has received a grant under
sub. (3) or
(3m), for one or more of the following:
92.14(4)(a)
(a) Implementing land and water resource management projects approved in plans under
s. 92.10.
92.14(4)(b)
(b) Implementing land 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. The department shall give grants under
sub. (4) (c) priority over other grants under
sub. (4) and grants under
sub. (3m).
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. 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 propose spending levels for land and water resource management activities under this section. The department shall submit the proposed spending levels to the board. The board shall review the proposed spending levels and shall approve, approve with modifications or disapprove the spending levels. The board may modify the spending levels if demand for grants under
sub. (4) (c) is greater than was anticipated when the spending levels were established.
92.14(6)(b)
(b) The department, in cooperation with the department of natural resources, shall prepare an annual grant allocation plan, that is consistent with the spending levels approved under
par. (a), identifying the amounts to be spent annually for land 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 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.
