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ATCP 50.16(6)(a)3. 3. Failed to permit a reasonable inspection under sub. (5) (a).
ATCP 50.16(6)(a)4. 4. Failed to certify compliance in response to a committee request under sub. (5) (b).
ATCP 50.16(6)(a)5. 5. Stated an intent to voluntarily refrain from collecting tax credits under subch. IX of ch. 71, Stats., and to waive the right to a hearing and farm inspection.
ATCP 50.16(6)(b) (b) A county land conservation committee shall issue a notice of noncompliance under par. (a) on the form provided by the department. Upon issuance of the notice, the landowner is ineligible to claim farmland preservation tax credits beginning in the year the notice of noncompliance is issued until such time as the county land conservation committee withdraws the notice of noncompliance under par. (d). The notice shall disclose all of the following:
ATCP 50.16(6)(b)1. 1. The nature of the violation.
ATCP 50.16(6)(b)2. 2. That the landowner may not claim farmland preservation tax credits under subch. IX of ch. 71, Stats., unless the landowner corrects the violation.
ATCP 50.16(6)(b)3. 3. That the landowner may meet with the county land conservation committee to contest or discuss the violation.
ATCP 50.16 Note Note: A county should exercise sound judgment in deciding whether to take compliance action under par. (b). See sub. (3) (a) 4. (Note).
ATCP 50.16(6)(c) (c) The county land conservation committee shall issue a copy of a notice under par. (a) to all of the following:
ATCP 50.16(6)(c)1. 1. The state of Wisconsin department of revenue.
ATCP 50.16(6)(c)2. 2. The county planning and zoning committee if the land is covered by a farmland preservation zoning ordinance.
ATCP 50.16(6)(c)3. 3. The landowner.
ATCP 50.16(6)(c)4. 4. The department.
ATCP 50.16(6)(d) (d) A county land conservation committee may, at any time, withdraw a notice of noncompliance issued under par. (a). The committee shall issue a notice of withdrawal on the form approved by the department. The committee shall give notice of the withdrawal to any agency under par. (c) that received a copy of the notice of noncompliance. A notice of withdrawal issued under this paragraph demonstrates that a landowner has been found in compliance with this section.
ATCP 50.16 Note Note: The county may obtain a copy of any farmland preservation forms the notice of noncompliance by contacting the department at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx
ATCP 50.16 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: r. and recr. (title), (1) to (5), am. (6) (a) 1., 2., cr. (6) (a) 5., am. (6) (b) 1., (c) (intro.), 2., (d) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (a) (intro.), 2. to 4., r. (3) (b), am. (4), (6) (b) (intro.), cr. (6) (c) 3., 4., am. (6) (d) Register January 2018 No. 745, eff. 2-1-18; renum. (3) (a) to (3) (intro.) under s. 13.92 (4) (b) 1., Stats., correction in (6) (b) (intro.) made under s. 35.17, Stats., Register January 2018 No. 745.
ATCP 50.18 ATCP 50.18Annual report.
ATCP 50.18(1) (1) Annual report. By April 15 of each year, a county land conservation committee shall file with the department a year-end report for the preceding calendar year. The committee shall file the report on a form provided by the department. The report shall identify all of the following:
ATCP 50.18(1)(a) (a) The county's activities and accomplishments related to soil and water resource management during the preceding calendar year, including activities required or funded under this chapter.
ATCP 50.18(1)(b) (b) The county's progress toward the objectives identified in the county land and water resource management plan under s. ATCP 50.12, including whether the county's annual and multi-year benchmarks have been met. The report shall identify key areas of improvement, key compliance activities, and key remaining problem areas.
ATCP 50.18 Note Note: Section ATCP 50.12 (2) (j) and s. 92.10 (6) (a)6., Stats., require the county to have a system to monitor the progress in achieving the performance targets and outcomes stated in its plan.
ATCP 50.18(1)(c) (c) The county's financial contribution toward staffing the activities of the county land conservation committee in the preceding calendar year. The county may include contributions for employee salaries and fringe benefits, employee support costs, independent contractor fees, and training for employees and land conservation committee members. A county may not include capital expenditures, or expenditures reimbursed from other governmental entities.
ATCP 50.18(2) (2)Failure to file annual report. The department may withhold funding under this chapter from a county land conservation committee that fails to file a timely annual report under sub. (1).
ATCP 50.18 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (b) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.20 ATCP 50.20Annual grant application. By April 15 of each year, a county land conservation committee shall file with the department its application for funding under this chapter for the next calendar year. The application shall comply with s. ATCP 50.26.
ATCP 50.20 Note Note: The department awards grants to counties according to subch. IV.
ATCP 50.20 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.22 ATCP 50.22Accounting and recordkeeping. A county land conservation committee, in consultation with the county's chief financial officer, shall establish and maintain an accounting and recordkeeping system. The accounting and recordkeeping system shall do all of the following:
ATCP 50.22(1) (1) Fully and clearly account for the receipt, handling, and disposition of all funds that the committee receives under s. 92.14, Stats., and this chapter.
ATCP 50.22(2) (2) Document county compliance with s. 92.14, Stats., and this chapter, and each grant contract under this chapter.
ATCP 50.22(3) (3) Include records required under s. ATCP 50.32 (9) related to annual staffing grants.
ATCP 50.22(4) (4) Include records required under s. ATCP 50.34 (7) related to cost-share grants for conservation practices.
ATCP 50.22(5) (5) Except as provided in this subchapter, retain originals of documents and forms submitted to the department, and other records related to the grant award and its administration including subcontracts and receipts, for a minimum of 3 years after the end of the year of the grant award.
ATCP 50.22 Note Note: See s. ATCP 50.34 (7) for additional guidance.
ATCP 50.22 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: cr. (5) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.24 ATCP 50.24Department review. The department may review the activities of a county land conservation committee under this chapter. The department may do any of the following in connection with its review:
ATCP 50.24(1) (1) Require the committee to provide relevant information requested by the department, including information from the county's annual financial and compliance audit.
ATCP 50.24 Note Note: A county is currently required to have an annual, organization-wide financial and compliance audit that complies with the State Single Audit Guidelines issued by the Wisconsin department of administration. This “single audit" currently includes an audit of the county's use of funds awarded to the county under this chapter. The audit must comply with Audit Guidelines for the Soil and Water Resource Management Grant Program, issued annually by the Wisconsin department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection may conduct additional audits, as it deems necessary. The county may use funds provided under s. ATCP 50.32 to pay a proportionate share of the county's costs for annual financial and compliance audits.
ATCP 50.24(2) (2) Require the committee to discuss, with the department, county compliance with this chapter.
ATCP 50.24(4) (4) Inspect activities and practices funded under this chapter.
ATCP 50.24 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
subch. IV of ch. ATCP 50 Subchapter IV — Grants to Counties
ATCP 50.26 ATCP 50.26Grant applications.
ATCP 50.26(1) (1) Annual application. A county land conservation committee shall apply by April 15 of each year to obtain funding under this chapter for the next calendar year. The committee shall apply to the department on a form provided by the department. The application shall comply with this section.
ATCP 50.26 Note Note: The department and DNR will jointly solicit grant applications from county land conservation committees under ss. 92.14, 281.65, and 281.66, Stats. The department and DNR will distribute grant application forms as soon as possible prior to January 31 of each year, for return by April 15 of that year. The department and DNR will prepare a joint allocation plan after reviewing county grant applications. The department and DNR will make annual grant allocations after obtaining LWCB recommendations on their draft allocation plan.
ATCP 50.26 Note Before it distributes grant application forms to the counties, the department will consult with county representatives regarding the department's potential funding priorities. The department will then give notice to all counties of its potential priorities when it distributes grant applications to the counties. The department may modify its potential priorities based on the actual grant applications that the counties submit.
ATCP 50.26(2) (2)Annual staffing grant. A county land conservation committee may request funding for county staff and support, including funding for employees and independent contractors who work for the county land conservation committee. The request shall identify all of the following:
ATCP 50.26(2)(a) (a) The activities for which the county seeks funding. These may include activities under this chapter, ch. 91, Stats., and s. 93.90, Stats., CREP program activities, and activities and projects funded by DNR under ss. 281.65 and 281.66, Stats.
ATCP 50.26 Note Note: The department establishes priorities for funding based on the criteria in s. ATCP 50.30.
ATCP 50.26(2)(b) (b) The amount of funding requested for activities under par. (a), including staff salaries and fringe benefits, contractor fees, training, and eligible support costs.
ATCP 50.26 Note Note: See s. ATCP 50.32 related to annual staffing grants. Contractor fees include costs to hire independent contractors such as engineers, nutrient management planners, computer specialists, information and education specialists, and other consultants who work for the county land conservation committee but are not county employees.
ATCP 50.26(3) (3)Funding for conservation practices. A county land conservation committee may request funding for cost-share grants to install conservation practices. The request shall include all of the following:
ATCP 50.26(3)(a) (a) The purposes for which the county proposes to award cost-share grants to landowners.
ATCP 50.26(3)(b) (b) The amount of funding requested for cost-share grants to landowners.
ATCP 50.26 Note Note: See s. ATCP 50.34 related to funding for conservation practices.
ATCP 50.26(4) (4)Other information. A county land conservation committee may include, with its grant application under sub. (1), any other information that the committee wishes to provide in support of its grant application. The department may ask the committee to provide additional information as necessary.
ATCP 50.26 Note Note: Under s. 92.14 (10), Stats., the department may award a grant to any person (not just a county) for information, education, training, and other services related to the administration of this chapter. Grant applicants must apply by April 15 of each year for funding in the next calendar year. See s. ATCP 50.36.
ATCP 50.26 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (2) (a) Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.28 ATCP 50.28Annual grant allocation plan.
ATCP 50.28(1) (1) Plan required. The department shall allocate grants under this chapter according to an annual grant allocation plan. The secretary shall approve the grant allocation plan. The plan shall specify, for the next calendar year, all of the following:
ATCP 50.28(1)(a) (a) The total amount available to the department for possible allocation under the plan, including the subtotal amount from each of the following sources:
ATCP 50.28(1)(a)1. 1. General purpose revenues appropriated under s. 20.115 (7) (c), Stats.
ATCP 50.28(1)(a)2. 2. Segregated fund revenues appropriated under s. 20.115 (7) (qd), Stats.
ATCP 50.28(1)(a)3. 3. Bond revenues appropriated under s. 20.866 (2) (we), Stats.
ATCP 50.28(1)(a)4. 4. Other legislative appropriations.
ATCP 50.28(1)(a)5. 5. Gifts and grants accepted under s. 92.05 (2) (a), Stats.
ATCP 50.28(1)(b) (b) The total amount allocated under the plan, and the subtotal amount allocated from each of the sources identified under par. (a).
ATCP 50.28(1)(c) (c) The amounts allocated to counties for annual staffing grants under s. ATCP 50.32. This shall include all of the following:
ATCP 50.28(1)(c)1. 1. The total amount allocated to counties under s. ATCP 50.32, and the subtotal amount allocated from each relevant fund source under par. (a).
ATCP 50.28(1)(c)2. 2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
ATCP 50.28(1)(c)3. 3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note Note: The department must prepare an environmental assessment on its annual grant allocation plan, and may explain grant allocations in the environmental assessment. See s. ATCP 3.02 (1) (h).
ATCP 50.28(1)(d) (d) The amounts allocated to counties under s. ATCP 50.34 to fund conservation practices by landowners. This shall include all of the following:
ATCP 50.28(1)(d)1. 1. The total amount allocated to counties under s. ATCP 50.34, and the subtotal amount allocated from each relevant fund source under par. (a).
ATCP 50.28(1)(d)2. 2. The total amount allocated to each county, and the subtotal amount allocated to that county from each relevant fund source under par. (a).
ATCP 50.28(1)(d)3. 3. An explanation for the allocations, including any material differences in allocations between counties.
ATCP 50.28 Note Note: The department may explain its allocations in the environmental assessment that accompanies the allocation plan. See s. ATCP 3.02 (1) (h).
ATCP 50.28(1)(e) (e) The amount allocated to each grant recipient under s. 92.14 (10), Stats., if any, and an explanation for each allocation.
ATCP 50.28 Note Note: The department normally awards grants under this chapter only to counties. But under s. 92.14 (10), Stats., the department may also award grants to other persons for information, education, training, and other services related to the administration of this chapter. See s. ATCP 50.35 (2) for the application process.
ATCP 50.28(2) (2)Preparing the plan.
ATCP 50.28(2)(a)(a) The department shall prepare an annual grant allocation plan under sub. (1) for each calendar year. The department shall prepare the plan with DNR after reviewing county grant applications under s. ATCP 50.26.
ATCP 50.28 Note Note: The department and DNR must prepare a joint grant allocation plan under ss. 92.14, 281.65, and 281.66, Stats. DATCP will prepare its portion of the joint allocation plan according to this section. DATCP and DNR will jointly submit their portions of the annual grant allocation plan to the LWCB for its recommendations. The DATCP and DNR secretaries will then approve their agencies' respective portions of the joint plan. Although neither agency is legally empowered to veto or modify the other agency's portion of the plan, the agencies will strive for agreement on the joint plan.
ATCP 50.28(2)(b) (b) The department shall do all of the following before the department adopts an annual grant allocation plan:
ATCP 50.28(2)(b)1. 1. Provide a preliminary draft plan to DNR, the LWCB, and every county land conservation committee.
ATCP 50.28 Note Note: The department will normally provide a preliminary draft plan to DNR, the LWCB, and the county land conservation committees by August 1 of the year preceding the calendar year to which the plan applies.
ATCP 50.28(2)(b)2. 2. Obtain LWCB recommendations on the annual grant allocation plan, as required under s. 92.14 (6) (b) and (d), Stats. At least 30 days before the department obtains the LWCB's final recommendations, the department shall provide to DNR, the LWCB, and every county land conservation committee a copy of the draft plan on which the department seeks the LWCB's final recommendations.
ATCP 50.28 Note Note: If the department makes material revisions to the preliminary draft plan before seeking final LWCB recommendations, the department will re-issue the revised draft at least 30 days before the LWCB makes its recommendations.
ATCP 50.28(2)(c) (c) The department shall adopt an annual grant allocation plan by December 31 of the year preceding the calendar year to which the plan applies. The final plan may include changes recommended by the LWCB, as well as updated estimates of project costs. The department shall provide copies of the allocation plan to DNR, the LWCB, and every county land conservation committee. The department shall report to the LWCB any changes that the department makes to the allocation plan recommended by the LWCB.
ATCP 50.28(3) (3)Ineligible counties. The department may not award a county grant under this chapter if any of the following apply:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.