92.05(3)(c)
(c)
Rules. The department shall promulgate rules governing implementation of this chapter and distribution of state or federal funds by the department to the counties. The department shall comply with the procedures under
s. 92.04 (3) in promulgating these rules.
92.05(3)(d)
(d)
Advise University of Wisconsin System. The department shall advise the University of Wisconsin System annually on developing research and educational programs relating to soil and water conservation.
92.05(3)(e)
(e)
Studies. The department may undertake studies and investigations and make and issue reports and recommendations with respect to state soil and water conservation program needs. Biennially, the department shall prepare a state soil and water conservation report. This report shall include a description of present soil and water resource uses and a projection of future trends, an assessment of soil and water conservation problems in relation to soil and water resource use practices and any actions necessary to correct or solve these problems including specific goals, action schedules, program evaluation criteria and provisions for the coordination of these actions with programs developed by other agencies for the development, management and conservation of soil, water and related natural resources. This report shall include the identification of counties and specific parcels within these counties where soil and water conservation problems are most acute and recommendations for actions necessary to correct or solve these problems.
92.05(3)(f)
(f)
Nonpoint source water pollution abatement. The department shall perform the duties specified for the department in the nonpoint source water pollution abatement program under
s. 281.65 (5).
92.05(3)(g)
(g)
Watershed protection and flood prevention act. The department has responsibility over programs provided by
16 USC 1001 to
1008 relating to the planning and carrying out of works of improvement for soil and water conservation and other purposes.
92.05(3)(h)
(h)
Model ordinances. The department shall make available model ordinances for counties and municipalities concerning regulation and control of land use and land management practices as authorized under
s. 92.11.
92.05(3)(i)
(i)
Provide staff. The department shall provide staff to assist the board in performing its statutory duties.
92.05(3)(j)
(j)
Milkhouse wastewater. The department, in consultation with appropriate state and federal agencies, shall promulgate guidelines for determining eligibility for financial assistance under
ss. 92.14 and
281.65 for milkhouse wastewater.
92.05(3)(k)
(k)
Nutrient management rules. The department shall promulgate rules to improve agricultural nutrient management in this state. The rules shall be consistent with rules promulgated under
s. 281.16 (3) and shall include incentives, educational and outreach provisions and compliance requirements.
92.05(3)(L)
(L)
Technical assistance; performance standards. The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances that implement standards adopted under
s. 92.07 (2),
92.105 (1),
92.15 (2) or
(3) or
281.16 (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.
92.06
92.06
Land conservation committees. 92.06(1)(a)(a)
Creation. Each county board shall create a land conservation committee.
92.06(1)(b)1.1. The county board shall appoint to the land conservation committee at least 2 persons who are members of the committee on agriculture and extension education created under
s. 59.56 (3) (b).
92.06(1)(b)2.
2. The county board shall appoint to the land conservation committee a person who is the chairperson of the county agricultural stabilization and conservation committee created under
16 USC 590h (b) or other county agricultural stabilization and conservation committee member designated by the chairperson of the county agricultural stabilization and conservation committee.
92.06(1)(b)3.
3. The county board may appoint to the land conservation committee any number of members who are also members of the county board.
92.06(1)(b)4.
4. The county board may appoint to the land conservation committee up to 2 members who are not members of the county board.
92.06(1)(c)
(c)
Terms. Each member of the land conservation committee shall serve for a term of 2 years or until a successor is appointed, whichever is longer.
92.06(1)(d)
(d)
Reimbursement. Each member of the land conservation committee shall be reimbursed for necessary expenses and shall be paid the same per diem as members of other county board committees.
92.06(1)(e)
(e)
Programs and responsibilities. The county board may assign other programs and responsibilities to the land conservation committee.
92.06(2)
(2) Designated representatives. The county board shall designate a representative of each county committee with responsibilities related to natural resource management to serve as an adviser to the land conservation committee. The county board shall designate, at a minimum, representatives from any county zoning or land use, forestry, parks and solid waste committees. In addition, the land conservation committee may invite any state, federal or local agency with which the county or committee has a memorandum of understanding to designate a representative to advise the land conservation committee.
92.06(4)
(4) Public participation. The committee shall actively solicit public participation in the planning and evaluation of soil and water conservation programs.
92.06 Annotation
Appointments to the conservation committee are made by the county board, not the county executive.
76 Atty. Gen. 173.
92.06 Annotation
Committee responsibilities and prohibitions of private interests in public contracts are discussed.
76 Atty. Gen. 184.
92.07
92.07
Land conservation committee; powers. 92.07(1)(1)
Powers generally. Each land conservation committee may carry out the powers delegated to the committee subject to the approval of the county board.
92.07(2)
(2) Standards. Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation and nonpoint source water pollution. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the owner or operator 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). The land conservation committee shall use the rules promulgated under
s. 281.16 (3) (e) to determine whether cost-sharing is available.
92.07(3)
(3) Distribute funds. Each land conservation committee may distribute and allocate federal, state and county funds made available to the committee for cost-sharing programs or other incentive programs for improvements and practices relating to soil and water conservation on private or public lands, and within the limits permitted under these programs, to determine the methods of allocating these funds.
92.07(5)
(5) Educational and other programs. Each land conservation committee may encourage research and educational, informational and public service programs, advise the University of Wisconsin System on educational needs and assist the University of Wisconsin System and the department in implementing educational programs under
ss. 36.25 (7),
59.56 (3) and
92.05.
92.07(6)
(6) Preventive and control measures and works of improvement. Each land conservation committee may carry out preventive and control measures and works of improvement for flood prevention and for conservation, development, utilization and control of water within the county. These preventive and control measures and works of improvement may include, but are not limited to, changes in the use of land and use of engineering operations such as terraces, terrace outlets, desilting basins, floodwater retarding structures, floodways, dikes and ponds, methods of cultivation and the growing of vegetation. These preventive and control measures and works of improvement may be carried out on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction of the land, and on any other lands within the county upon obtaining the consent of the landowner or the necessary rights or interests in the land.
92.07(7)
(7) Assistance. Each land conservation committee, in the name of the county, may cooperate with, enter into agreements with, or furnish financial, technical, planning or other assistance to any agency, governmental or otherwise, or any landowner or land user within the incorporated or unincorporated parts of the county, in carrying out resource conservation operations and works of improvement for flood prevention or for the conservation, development, utilization and protection of soil and water resources within the county.
92.07(7m)
(7m) Assistance to the department of transportation. Each land conservation committee shall cooperate with the department of transportation as requested under
s. 85.195.
92.07(8)
(8) Obtain property. Each land conservation committee, in the name of the county, may obtain options upon and acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property or rights or interests in property or in water. A land conservation committee may maintain, administer and improve any properties acquired. A land conservation committee may receive income from these properties on behalf of the county and may expend this income in carrying out the purposes and provisions of this chapter. A land conservation committee may sell, lease or otherwise dispose of the property or interests in property in furtherance of the purposes and the provisions of this chapter.
92.07(9)
(9) Machinery availability. Each land conservation committee may make available, on terms it may prescribe, to landowners and land users within the incorporated and unincorporated parts of the county, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and other material or equipment which will assist the landowners and land users in carrying on operations upon their lands for the conservation of soil resources, for the prevention and control of soil erosion, for flood prevention, for the conservation, development and utilization of water or for the prevention of nonpoint source water pollution.
92.07(10)
(10) Structures. Each land conservation committee may construct, improve, operate and maintain structures necessary or convenient for the performance of any of the operations or activities authorized in this chapter.
92.07(11)
(11) Administration of projects or programs. Each land conservation committee, in the name of the county, may acquire, by purchase, lease or otherwise, and administer, any soil conservation, flood prevention, water management or nonpoint source water pollution abatement project or combinations of these projects, and participate in programs concerned with the conservation of natural resources located within the county undertaken by the United States or any of its agencies, or by this state or any of its agencies. A land conservation committee may administer, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil conservation, flood prevention, water management, water quality improvement, nonpoint source water pollution abatement, erosion control, erosion prevention project or resource conservation program within the county. A land conservation committee may act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation or administration of any resource conservation program within the county. A land conservation committee, on behalf of the county, may accept donations, gifts and contributions in money, services, materials or otherwise from any source and use or expend these moneys, services, materials or other contributions in carrying on its operations.
92.07(12)
(12) Contracts; rules. Each land conservation committee, in the name of the county, may make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
92.07(13)
(13) Contributions; agreements. As a condition to extending any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, a land conservation committee may require contributions in money, services, materials or otherwise to any operations conferring the benefits, and may require landowners and land users to enter into and perform agreements or covenants respecting the use of land as will lead to conservation of soil and water resources.
92.07(14)
(14) Enter upon lands. Each land conservation committee may enter upon any lands within the county to examine the land and make surveys or plans for soil and water conservation without being liable for trespass in the reasonable performance of these duties. This authorization applies to the land conservation committee members and their agents.
92.07(15)
(15) Administration and enforcement of ordinances. A land conservation committee may, if authorized by the county board, administer and enforce those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion, a zoning ordinance enacted under
s. 59.693 or an ordinance enacted under authority granted under
s. 101.1205.
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.
