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.
92.105 Cross-reference
Cross Reference: See also ch.
ATCP 50, Wis. adm. code.
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.
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.
