Chapter ATCP 50

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; CR 23-024: am. (1) (a), cr. (1) (e), (2) (d), am. (3) (d) Register May 2024 No. 821, eff. 6-1-24; correction in (1) (a) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.18 ATCP 50.18 Annual 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(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; CR 23-024: r. (1) (c) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.20 ATCP 50.20 Annual 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 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

ATCP 50.22 ATCP 50.22 Accounting 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 50.24 Department 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(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 50.26 Grant applications.

ATCP 50.26(1) (1) Annual application. A county land conservation committee shall apply to the department by April 15 of each year on a form provided by the department by January 31st of each year, to obtain funding under this chapter for the next calendar year. The application shall comply with this section.

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(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(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(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 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; CR 23-024: am. (1) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.28 ATCP 50.28 Annual 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(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(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(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(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(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 and a copy of the draft environmental assessment written under ch. ATCP 3.02 (h) that accompanies the allocation plan.

ATCP 50.28(2)(b)3. 3. If the department makes material revisions to the preliminary draft plan before seeking final LWCB recommendations, the department shall 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:

ATCP 50.28(3)(a) (a) The county has failed to adopt a county land and water resource management plan under s. ATCP 50.12 (1), or lacks current department approval for that plan under s. ATCP 50.12 (5).

ATCP 50.28(3)(b) (b) The county has failed to submit an annual grant application required under s. ATCP 50.26.

ATCP 50.28(4) (4) Grant priorities. When preparing an annual grant allocation plan under sub. (1), the department shall consider the grant priorities under s. ATCP 50.30.

ATCP 50.28(5) (5) Revising an allocation plan.

ATCP 50.28(5)(a) (a) The department may revise an annual grant allocation plan after it adopts that plan under sub. (1). The secretary shall approve every plan revision. A revision may do any of the following:

ATCP 50.28(5)(a)1. 1.

ATCP 50.28(5)(a)1.a. a. Extend county funding for landowner cost-share contracts funded but not completed in the preceding grant year, provided that the cost-share contracts were signed by December 31 of the preceding grant year. Extensions shall comply with s. ATCP 50.34 (6).

ATCP 50.28(5)(a)1.b. b. Extend any grant contracts, except staffing grants under s. ATCP 50.32, funded but not completed in the preceding grant year, provided that the grant recipient requests the extension by December 31 of the preceding grant year and the department has not previously extended funding for the same contract from one grant year to another grant year. Extensions of projects funded under s. 92.14 (10), Stats., shall comply with s. ATCP 50.35 (3).

ATCP 50.28(5)(a)2. 2. Increase the total grant to any county. The department shall give all counties notice and equal opportunity to compete for funding increases other than increases due to extensions under subd. 1., voluntary transfers of funds from one county to another county under subd. 5., and re-allocations of cost-share funds by the department under subd. 5. from a reserve established in the annual allocation plan. The department shall make any revisions in compliance with the requirements in par. (b).

ATCP 50.28(5)(a)3. 3. Reduce a grant award to any county. The department shall give all counties notice and an opportunity to comment for funding decreases other than those resulting from the voluntary transfer of funds from one county to another county. The department shall make any revisions in compliance with the requirements in par. (b).

ATCP 50.28(5)(a)4. 4. Reallocate a county’s annual grant between grant categories, to the extent authorized by law and with the county’s agreement.

ATCP 50.28(5)(a)5. 5. Approve the voluntary transfers of cost-share funds from one county to another county, or re-allocations of funds by the department from a reserve established in the annual allocation plan. Inter-county transfers shall comply with s. ATCP 50.34 (5m).

ATCP 50.28(5)(b) (b) The department shall do all of the following before it revises an annual grant allocation plan, if required under par. (a):

ATCP 50.28(5)(b)1. 1. Give written notice, and a copy of the proposed revision, to the LWCB, DNR, and every county land conservation committee. The notice shall clearly identify and explain the proposed revision.

ATCP 50.28(5)(b)2. 2. Obtain LWCB recommendations as required under s. 92.14 (6) (b) and (d), Stats.

ATCP 50.28(5)(c) (c) The department shall notify the LWCB, no later than April 15 of the following year, of revisions made to the allocation plan based on transfers under par. (a) 5., re-allocations under par. (a) 4., and extensions of funds under par. (a) 1. The department shall keep records regarding the disposition of each transfer, reallocation, and extension requested.

ATCP 50.28(6) (6) Distributing grant funds. The department shall enter into a grant contract under s. ATCP 50.36 with each grant recipient identified in the grant allocation plan. The contract shall conform to the allocation plan signed by the secretary. The department shall pay out grant funds according to this chapter and the grant contract.

ATCP 50.28 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (5) (a) 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (e), renum. (5) (a) 1. to 1. a., cr. (5) (a) 1. b., am. (5) (a) 2., 3., cr. (5) (a) 5., am. (5) (b) (intro.), cr. (5) (c) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (b) 2., cr. (2) (b) 3., am. (5) (a) 2. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.30 ATCP 50.30 Grant priorities. When preparing an annual grant allocation plan under s. ATCP 50.28, the department shall consider all of the following:

ATCP 50.30(1) (1) County priorities. The department shall give high priority to maintaining county staff and project continuity. The department shall consider county priorities identified in the county grant application under s. ATCP 50.26 and in the county’s approved land and water resource management plan under s. ATCP 50.12, and shall balance funding these priorities with those in sub. (2).

ATCP 50.30(2) (2) Statewide priorities. The department shall give priority to county or non-county projects that address statewide priorities identified by the department and DNR.

ATCP 50.30(3) (3) Other factors. The department may consider the following factors when determining grant allocation priorities:

ATCP 50.30(3)(a) (a) A county’s demonstrated commitment to implementing the approved land and water resource management plan under s. ATCP 50.12, and the strength of the documentation supporting that plan.

ATCP 50.30(3)(b) (b) A county’s demonstrated commitment and capacity to implement and maintain the farm conservation practices required under s. ATCP 50.04.

ATCP 50.30(3)(c) (c) The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.

ATCP 50.30(3)(d) (d) The relative severity and priority of the soil erosion and water quality problems addressed.

ATCP 50.30(3)(e) (e) The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.

ATCP 50.30(3)(f) (f) The extent to which funded activities are part of a systematic and comprehensive approach to soil erosion and water quality problems.

ATCP 50.30(3)(g) (g) The timeliness and completeness of plans, applications, and reports.

ATCP 50.30(3)(h) (h) The degree to which plans, applications, and reports meet applicable criteria, including the adequacy of performance measures.