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.
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, including providing a single process for grant application, funding allocation, reporting and evaluation.
92.14(3)
(3) Basic allocations to counties. To help counties fund their land and water conservation activities, the department shall award an annual grant from the appropriation under
s. 20.115 (7) (c) or
(qd) or
s. 20.866 (2) (we) to any county land conservation committee that has a land and water resource management plan approved by the department under
s. 92.10 (4) (d), and that, by county board action, has resolved to provide any matching funds required under
sub. (5g). The county may use the grant for land and water resource management planning and for any of the following purposes, consistent with the approved land and water resource management plan:
92.14(3)(a)
(a) County land conservation personnel to administer and implement activities directly related to any of the following:
92.14(3)(a)4.
4. Nonpoint source water pollution abatement activities.
92.14(3)(a)5.
5. Other conservation activities determined by the county to be necessary for conservation and resource management in that county.
92.14(3)(b)
(b) Grants to 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(3)(b)1.
1. The cost of fencing that the landowner installs in order to comply with the ordinance.
92.14(3)(b)2.
2. 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(3)(c)
(c) Implementing land and water resource management projects approved in plans under
s. 92.10.
92.14(3)(d)
(d) 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(3)(e)
(e) 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). 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 that the department determines to be the most cost-effective.
92.14(3)(f)
(f) Training required under
s. 92.18 or any other training necessary to prepare personnel to perform job duties related to this section or
s. 281.65.
92.14(3)(g)
(g) Technical assistance, education and training, ordinance development or administration related to this chapter or
s. 281.65.
92.14(5g)(a)(a) Except as provided in
par. (b), if a grant under
sub. (3) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds, as determined by the department by rule, equal to 30% of the cost of salary and fringe benefits for the 2nd staff person and 50% of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.
92.14(5g)(b)
(b) For a grant awarded for a year before 2010, the department shall require a county to provide matching funds for priority watershed project staff equal to not less than 10% nor more than 30% of the staff funding that was provided to the county for 1997 for a priority watershed that was designated before July 1, 1998. This paragraph does not apply to matching funds for priority watershed project staff after the termination date that was in effect on October 6, 1998, for the priority watershed project.
92.14(5r)
(5r) Annual grant request. Every land conservation committee shall prepare annually a grant request that describes the land and water resource staffing needs and activities to be undertaken or funded by the county under this chapter and
ss. 281.65 and
281.66 and the funding needed for those purposes. The grant request shall be consistent with the county's plan under
s. 92.10. The land conservation committee shall submit the grant request to the department.
92.14(6)(b)(b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and
ss. 281.65 and
281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.
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 of agriculture, trade and consumer protection and the department of natural resources on approval, modification or disapproval of the plan.
92.14(6)(g)
(g) Every grant awarded to a county under this section and s.
281.65 shall be consistent with the plans under s.
92.15, 1985 stats., and under this section and
ss. 92.10 and
281.65.
92.14(6)(gm)
(gm) A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds 70% of the cost of a project, except in cases of economic hardship, as defined by the department by rule.
92.14(6)(h)1.1. A county may not provide cost-sharing funds using funds provided 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)3.
3. Nothing in this paragraph affects the authority of the department of natural resources to act under
ch. 283.
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. 92.10 and
281.65, or to repay the cost-sharing funds.
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) A county may provide cost-sharing funds from 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(6)(m)
(m) The department of agriculture, trade and consumer protection and the department of natural resources shall assist counties in conducting the activities for which grants under
sub. (3) may be used.
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 department may contract with any person for services to administer or implement this chapter, including information and education and training.
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, allocation, reporting and evaluation. 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
ss. 281.65 and
281.66. The department, jointly with the department of natural resources, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and
ss. 281.65 and
281.66.
92.14(14m)
(14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources, jointly, shall review applications from counties for grants under
sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under
s. 281.65 or
281.66.
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 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;
1999 a. 9.
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 Cross-reference
Cross Reference: See also ss.
ATCP 50.95, Wis. adm. code.
92.16 Annotation
An 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 may not enforce a shoreland management ordinance unless the county uses funds provided under
s. 92.14 (3) for grants for the purposes under
s. 92.14 (3) (b). A city, village or town may not enforce a shoreland management ordinance unless the county in which the city, village or town is located uses funds provided under
s. 92.14 (3) for grants for the purposes under
s. 92.14 (3) (b).
