93.55(1)(a) (a) "Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
93.55(1)(b) (b) "Pesticide" has the meaning given in s. 94.67 (25).
93.55(2) (2)Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection may not fund more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (va).
93.55(2m) (2m)Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.55 Cross-reference Cross-reference: See also ch. ATCP 34, Wis. adm. code.
93.57 93.57 Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va) in each fiscal year for grants under this section.
93.57 History History: 1985 a. 29; 1995 a. 227 s. 699; Stats. 1995 s. 299.41; 2001 a. 109; 2003 a. 33 s. 2481s; Stats. 2003 s. 93.57; 2007 a. 20.
93.57 Cross-reference Cross-reference: See also chs. ATCP 34 and NR 187, Wis. adm. code.
93.59 93.59 Producer led watershed protection grants.
93.59(1)(1) The department shall make grants for nonpoint source pollution abatement activities conducted with the assistance of producer led groups that comply with sub. (2). The department shall make a grant directly to the producer led group, except that, if the group is not a legal entity, the department may only make the grant to a legal entity on behalf of the group.
93.59(2) (2) The department may provide a grant under sub. (1) if all of the following apply:
93.59(2)(a) (a) The producer led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed. The group may include additional agricultural producers who are not required to be operators of eligible farms.
93.59(2)(b) (b) The group is formed through a memorandum of understanding with the collaborating entity under par. (c).
93.59(2)(c) (c) The group collaborates with at least one of the following:
93.59(2)(c)1. 1. The department.
93.59(2)(c)2. 2. The department of natural resources.
93.59(2)(c)3. 3. A county land conservation committee.
93.59(2)(c)4. 4. The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.
93.59(2)(c)5. 5. A nonprofit conservation organization.
93.59(2)(d) (d) The group assists agricultural producers in the watershed under par. (a) to voluntarily conduct nonpoint source water pollution abatement activities.
93.59(2)(e) (e) The group contributes matching funds equal to at least 50 percent of eligible costs.
93.59(3) (3) A producer led group that receives, or on whose behalf a legal entity receives, a grant under this section shall annually file a report with the department describing the activities conducted with the grant and the impact of those activities on water quality in the watershed under sub. (2) (a).
93.59(4) (4) The department may promulgate rules that do all of the following:
93.59(4)(a) (a) Define "legal entity" for the purposes of this section.
93.59(4)(b) (b) Specify the application process for a grant under this section.
93.59(4)(c) (c) Specify activities that may be conducted using a grant under this section.
93.59(5) (5) In any fiscal year, the department may not provide more than $20,000 to any single producer-led group or legal entity on behalf of the group.
93.59 History History: 2015 a. 55.
93.70 93.70 Conservation reserve enhancement program.
93.70(1)(1) The department may expend funds from the appropriation account under s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).
93.70(2) (2) The department may not make a payment under sub. (1) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).
93.70 History History: 1999 a. 9; 2003 a. 33.
93.73 93.73 Purchase of agricultural conservation easements.
93.73(1)(1) Legislative findings. The legislature finds all of the following:
93.73(1)(a) (a) That the preservation of farmland is important for current and future agricultural production in this state, including the production of food and other products needed to sustain the life, health, and welfare of the people of this state.
93.73(1)(b) (b) That the preservation of farmland is important for the current and future state economy and for the current and future environment of this state.
93.73(1)(c) (c) That purchases of agricultural conservation easements, as provided in this section, serve important public purposes of statewide significance.
93.73(1m) (1m)Definitions. In this section:
93.73(1m)(a) (a) "Agricultural conservation easement" means a conservation easement, as defined in s. 700.40 (1) (a), the purpose of which is to assure the availability of land for agricultural use.
93.73(1m)(b) (b) "Agricultural use" means any of the following:
93.73(1m)(b)1. 1. Any of the following activities conducted for the purpose of producing an income or livelihood:
93.73(1m)(b)1.a. a. Crop or forage production.
93.73(1m)(b)1.b. b. Keeping livestock.
93.73(1m)(b)1.c. c. Beekeeping.
93.73(1m)(b)1.d. d. Nursery, sod, or Christmas tree production.
93.73(1m)(b)1.e. e. Floriculture.
93.73(1m)(b)1.f. f. Aquaculture.
93.73(1m)(b)1.g. g. Fur farming.
93.73(1m)(b)1.h. h. Forest management.
93.73(1m)(b)1.i. i. Enrollment of land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
93.73(1m)(b)2. 2. Any other use that the department, by rule, identifies as an agricultural use.
93.73(1m)(c) (c) "Cooperating entity" means a political subdivision or nonprofit conservation organization.
93.73(1m)(d) (d) "Fair market value" means value as determined by a professional appraisal that is approved by the department.
93.73(1m)(dm) (dm) "Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
93.73(1m)(e) (e) "Nonprofit conservation organization" means a nonstock corporation, charitable trust, or other entity whose purposes include the acquisition of property for conservation or agricultural preservation purposes, that is described in section 501 (c) (3) of the Internal Revenue Code, that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code, and that is a qualified organization under section 170 (h) (3) of the Internal Revenue Code.
93.73(1m)(f) (f) "Political subdivision" means a city, village, town, or county.
93.73(1m)(g) (g) "Professional appraisal" means an appraisal conducted by a certified general appraiser, as defined in s. 458.01 (8).
93.73(1m)(h) (h) "Purchase cost" means the amount paid to a landowner to acquire an agricultural conservation easement from the landowner.
93.73(1m)(i) (i) "Transaction costs" means out-of-pocket expenses incurred in connection with the acquisition, processing, recording, and documentation of an agricultural conservation easement, including out-of-pocket expenses for land surveys, land descriptions, real estate appraisals, title verification, preparation of legal documents, reconciliation of conflicting property interests, documentation of existing land uses, and closing. "Transaction costs" does not include costs incurred by a cooperating entity for staffing, overhead, or operations.
93.73(2) (2)Program.
93.73(2)(a)(a) The department shall administer a program under which it, together with cooperating entities, purchases agricultural conservation easements from willing landowners. The department may pay as its share of the cost to purchase an agricultural conservation easement under this section an amount that does not exceed the sum of the following:
93.73(2)(a)1. 1. Fifty percent of the fair market value of the agricultural conservation easement.
93.73(2)(a)2. 2. The reasonable transaction costs related to the purchase of the agricultural conservation easement.
93.73(2)(am) (am) The willingness of a landowner to convey an agricultural conservation easement for less than full market value does not reduce the amount that the department may pay as its share of the cost to purchase the agricultural conservation easement.
93.73(2)(b) (b) The department, after consultation with the council under sub. (13), shall solicit applications under sub. (3). The department shall issue each solicitation in writing and shall publish a notice announcing the solicitation. In soliciting applications, the department may specify the total amount of funds available, application deadlines, application requirements and procedures, preliminary criteria for evaluating applications, and other relevant information.
93.73(3) (3)Application. A cooperating entity may apply to participate in the program under this section by submitting an application that complies with requirements contained in the department's solicitation under sub. (2) (b) and that contains all of the following:
93.73(3)(a) (a) Identifying information for the cooperating entity, including information showing that the cooperating entity is a political subdivision or nonprofit conservation organization.
93.73(3)(b) (b) A description of the land that would be subject to the proposed agricultural conservation easement, including location, acreage, and current use.
93.73(3)(c) (c) The name and address of each owner of land that would be subject to the proposed agricultural conservation easement.
93.73(3)(d) (d) Evidence that all of the owners under par. (c) are willing to convey the proposed agricultural conservation easement.
93.73(3)(e) (e) An indication that the cooperating entity is willing to arrange the purchase of the proposed agricultural conservation easement in accordance with this section and share in the purchase cost, subject to reimbursement under sub. (9) of the department's agreed upon share of the costs.
93.73(3)(f) (f) The purpose of and rationale for the proposed agricultural conservation easement.
93.73(3)(g) (g) Information needed to evaluate the application using the criteria in sub. (4) and in the department's solicitation under sub. (2) (b).
93.73(4) (4)Application evaluation criteria. The department may not approve an application under sub. (3) unless all of the land that would be subject to the proposed agricultural conservation easement is in a farmland preservation area, as defined in s. 91.01 (16), and the department determines that purchase of the proposed agricultural conservation easement will serve a public purpose. In making this determination, the department shall consider all of the following criteria:
93.73(4)(a) (a) The value of the proposed agricultural conservation easement in preserving or enhancing agricultural production capacity in this state.
93.73(4)(b) (b) The importance of the proposed agricultural conservation easement in protecting or enhancing the waters of the state or in protecting or enhancing other public assets.
93.73(4)(c) (c) The extent to which the proposed agricultural conservation easement would conserve important or unique agricultural resources, such as prime soils and soil resources that are of statewide importance or are unique.
93.73(4)(d) (d) The extent to which the proposed agricultural conservation easement would be consistent with local land use plans and zoning ordinances, including any certified farmland preservation plans and zoning ordinances under ch. 91.
93.73(4)(e) (e) The extent to which the proposed agricultural conservation easement would enhance an agricultural enterprise area designated under s. 91.84.
93.73(4)(f) (f) The availability, practicality, and effectiveness of other methods to preserve the land that would be subject to the proposed agricultural conservation easement.
93.73(4)(h) (h) The proximity of the land that would be subject to the proposed agricultural conservation easement to other land that is protected for agricultural use or conservation use and the extent to which the proposed agricultural conservation easement would enhance that protection.
93.73(4)(i) (i) The likely cost-effectiveness of the proposed agricultural conservation easement in preserving land for agricultural use.
93.73(4)(j) (j) The likelihood that the land that would be subject to the proposed agricultural conservation easement would be converted to nonagricultural use if the land is not protected by the proposed agricultural conservation easement.
93.73(4)(k) (k) The apparent willingness of each landowner to convey the proposed agricultural conservation easement.
93.73(5) (5)Preliminary approval of applications. The department may give preliminary approval to an application under sub. (3) after evaluating the application under sub. (4) and consulting with the council under sub. (13). The department shall give its preliminary approval in writing. Approval of an application is contingent on the signing of a contract under sub. (6m).
93.73(6) (6)Information related to proposed easement. A cooperating entity that receives a preliminary approval under sub. (5) shall submit all of the following to the department:
93.73(6)(a) (a) A copy of the proposed instrument for conveying the agricultural conservation easement.
93.73(6)(b) (b) A professional appraisal of the proposed agricultural conservation easement, other than an appraisal obtained by an owner of the land that would be subject to the proposed agricultural conservation easement.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 60 and all Supreme Court Orders entered before August 26, 2015. Published and certified under s. 35.18. Changes effective after August 26, 2015 are designated by NOTES. (Published 8-26-15)