92.09
92.09
Land conservation committee staff. The land conservation committee may employ county soil and water conservation staff, subject to the approval of the county board. The county soil and water conservation staff is responsible for the administration of the county soil and water conservation program and may exercise the powers granted to the land conservation committee.
92.09 History
History: 1981 c. 346.
92.10
92.10
Land and water resource management planning program. 92.10(1)(1)
Creation. There is created a land and water resource management planning program. The department, board and land conservation committees jointly shall develop and administer this program.
92.10(2)
(2) Purposes. The purposes of the land and water resource management planning program are to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality and focus on severe soil erosion problems.
92.10(4)
(4) Implementation; department duties. 92.10(4)(a)(a)
Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the land information board under
s. 16.967 in developing this methodology or any related activities related to land information collection.
Effective date note
NOTE: Par. (a) is amended eff. 9-1-03 by
1997 Wis. Act 27 to read:
Effective date text
(a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion.
92.10(4)(c)
(c)
Plan assistance. The department shall assist land conservation committees in preparing land and water resource management plans.
92.10(4)(d)
(d)
Plan review. The department shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.
92.10(5)
(5) Implementation; board duties. 92.10(5)(a)(a)
Plan review. The board shall review land and water resource management plans submitted by the land conservation committees and make recommendations to the department.
92.10(5)(b)
(b)
Solicit comments. The board shall solicit comments on land conservation committee plans from the agencies identified as advisers to the board under
s. 15.135 (4).
92.10(6)
(6) Implementation; committee duties. 92.10(6)(a)(a)
Plan preparation. A land conservation committee shall prepare a land and water resource management plan that, at a minimum, does all of the following:
92.10(6)(a)1.
1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources.
92.10(6)(a)3.
3. Identifies the best management practices to achieve the objectives under
subd. 2. and to achieve the tolerable erosion level under
s. 92.04 (2) (i).
92.10(6)(a)4.
4. Identifies applicable performance standards and prohibitions related to the control of pollution from nonpoint sources, as defined in
s. 281.65 (2) (b), and to soil erosion control, including those under this chapter and
chs. 281 and
283 and
ss. 59.692 and
59.693.
92.10(6)(a)5.
5. Includes a multiyear description of planned county activities, and priorities for those activities, related to land and water resources, including those designed to meet the objectives specified under
subd. 2. and to ensure compliance with the standards and prohibitions identified under
subd. 4.
92.10(6)(a)6.
6. Describes a system to monitor the progress of activities described in the plan.
92.10(6)(a)7.
7. Includes a strategy to provide information and education related to soil and water resource management.
92.10(6)(a)8.
8. Describes methods for coordinating activities described in the plan with programs of other local, state and federal agencies.
92.10(6)(b)
(b)
Notification. A land conservation committee shall notify landowners and land users of the results of any determinations concerning soil erosion rates and nonpoint source water pollution, and provide an opportunity for landowners and land users to present information relating to the accuracy of the determinations during preparation of the land and water resource management plan.
92.10(6)(c)
(c)
Hearings. A land conservation committee shall hold one or more public hearings on the land and water resource management plan.
92.10(6)(d)
(d)
Plan submission. A land conservation committee shall submit the land and water resource management plan to the board and department.
92.10(8)
(8) Duties of the department of natural resources. The department of natural resources shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.
92.104
92.104
Soil and water conservation plan. 92.104(1)
(1)
Preparation. A land conservation committee shall ensure that a soil and water conservation plan is prepared for land covered by a farmland preservation agreement.
92.104(2)
(2) Approval. A soil and water conservation plan approved by the land conservation committee is required to be included in the farmland preservation agreement.
92.104(3)
(3) Monitoring. A county land conservation committee shall ensure that a soil and water conservation plan incorporated in a farmland preservation agreement is followed except that deviations may be allowed if, in the judgment of the land conservation committee, personnel are not available to lay out the suggested practices on the land or if practices are not economical for the owner to adopt.
92.104(4)
(4) Noncompliance. If the land conservation committee determines that farming operations are not being conducted in compliance with a soil and water conservation plan and that the deviation is not permitted under
sub. (3), it shall issue a notice of noncompliance to the farmer and send a copy to the department of revenue. This notice remains in effect until canceled. If actions are taken to comply with the soil and water conservation plan in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and the department of revenue.
92.104(5)
(5) Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under
subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed.
92.104(6)
(6) Applicability. This section and a soil and water conservation plan prepared under this section apply to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on a farmland preservation agreement applied for prior to July 1, 1986.
92.104 History
History: 1985 a. 29;
1987 a. 312 s.
17.
92.105
92.105
Soil and water conservation standards. 92.105(1)(1)
Establishment. A land conservation committee shall establish soil and water conservation standards. The standards for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under
s. 92.14 or
281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under
s. 281.16 (3). It shall submit these standards to the board for review.
92.105(2)
(2) Guidelines; review. The board shall develop guidelines to be used for the establishment and administration of soil and water conservation standards. The board shall review and shall approve or disapprove submitted soil and water conservation standards based on the guidelines it develops. If the board approves soil and water conservation standards, it shall notify any appropriate zoning authority of its approval.
92.105(3)
(3) Approved standards required for farmland preservation credit. A farmland preservation credit may not be allowed under
subch. IX of ch. 71 for claims relating to any land to which this section applies unless the land conservation committee for the county where the property is located establishes soil and water conservation standards which are approved by the board.
92.105(4)
(4) Monitoring. The land conservation committee shall monitor compliance with soil and water conservation standards on land to which this section applies.
92.105(5)
(5) Noncompliance. If the land conservation committee determines that farming operations on land to which this section applies do not comply with soil and water conservation standards, it shall issue a notice of noncompliance to the farmer and send a copy of the notice to any appropriate zoning authority. If no appropriate zoning authority exists, it shall send a copy to the department of revenue. This notice of noncompliance remains in effect until canceled. If actions are taken to comply with the soil and water conservation standards in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and by sending a copy of the cancellation to any appropriate zoning authority. If no appropriate zoning authority exists or if the original notice was sent to the department of revenue, it shall send a copy of the cancellation to the department of revenue.
92.105(6)
(6) Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under
subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed.
92.105(7)(a)(a)
General applicability; farmland preservation. This section and soil and water conservation standards established under this section apply only to a person claiming a farmland preservation credit under
subch. IX of ch. 71, land related to that claim and farming operations on that land and apply only as provided under
pars. (b) to
(d).
92.105(7)(b)
(b)
Participants eligible under new farmland preservation agreements. This section and soil and water conservation standards established under this section apply to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based upon a farmland preservation agreement applied for on or after July 1, 1986.
92.105(7)(c)
(c)
Existing participants under exclusive agricultural zoning. This section and soil and water conservation standards established under this section apply beginning on January 1, 1988, to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on exclusive agricultural zoning and if a farmland preservation credit was received by that person for property taxes on the same land accruing in 1984 or any prior year.
92.105(7)(d)
(d)
New participants under exclusive agricultural zoning. This section and soil and water conservation standards established under this section apply beginning on July 1, 1986, to a person claiming a farmland preservation credit, land related to that claim and farming operations on that land if eligibility for the credit is based on exclusive agricultural zoning and if a farmland preservation credit was not received by that person for property taxes on the same land in 1984 or any prior year.
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 to the form prescribed under
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
An ordinance passed under this section may be applicable to incorporated as well as unincorporated areas of the county.
77 Atty. Gen. 87.
92.115
92.115
Municipal soil conservation on private lands. Any city, village or town by its governing body or through a committee designated by it for the purpose, may contract to do soil conservation work on privately owned lands but no contract may involve more than $1,000 for any one person and the amount of work done for any one person may not exceed $1,000 annually.
92.115 History
History: 1975 c. 312;
1981 c. 317,
346;
1999 a. 150 s.
371; Stats. 1999 s. 92.115.
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 statewide financial and technical assistance for land and water conservation activities at the county level.
92.14(2)(d)
(d) Promoting cost-effective land and water conservation activities.
