Chapter ATCP 50

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.

ATCP 50.30(3)(i) (i) A county’s demonstrated cooperation and commitment, including its commitment of staff and financial resources.

ATCP 50.30(3)(j) (j) A county’s demonstrated ability to manage and implement funded projects.

ATCP 50.30(3)(k) (k) The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.

ATCP 50.30(3)(L) (L) The degree to which funded projects meet county soil and water resource management needs and state program requirements.

ATCP 50.30(3)(m) (m) The degree to which county activities implement the county’s approved land and water resource management plan.

ATCP 50.30(3)(n) (n) The county’s annual financial contribution for soil and water resource management programs, as last reported under s. ATCP 50.26.

ATCP 50.30(3)(o) (o) The need for award caps or other cost control measures to maximize funding available to meet conservation priorities or needs on agricultural lands.

ATCP 50.30(3)(p) (p) A county’s commitment to meet department targets implementing the conservation practices established in the annual grant application.

ATCP 50.30(3)(r) (r) Other factors relevant to the administration of this chapter.

ATCP 50.30 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (2) (intro.), (b) to (d), cr. (2) (e), (f), am. (3) (b), (g), (h), (m), renum. (3) (o) to (3) (r), cr. (3) (o), (p) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: renum. (2) (intro.) to (2) and am., r. (2) (a) to (f) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (n) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

ATCP 50.32 ATCP 50.32 Annual staffing grants to counties.

ATCP 50.32(1) (1) General. The department shall award an annual staffing grant to the county land conservation committee in each eligible county. With the department’s written permission, a county conservation committee may reallocate staffing grant funds to another agency of the county, or to a city, village, town, county drainage board, lake district, or tribe operating in the county.

ATCP 50.32(2) (2) Grant contract. The department shall distribute an annual staffing grant under sub. (1) according to an annual grant contract with the county. The contract shall comply with s. ATCP 50.36 and shall include all of the following:

ATCP 50.32(2)(a) (a) The total grant amount under sub. (1).

ATCP 50.32(2)(b) (b) The subtotal amount allocated from each relevant fund source under s. ATCP 50.28 (1) (a).

ATCP 50.32(2)(c) (c) Grant terms and conditions, including conditions required under this section.

ATCP 50.32(3) (3) Use of annual staffing grants; general. A county may use an annual staffing grant under sub. (1) in the year for which the grant is made. The county may use the grant for any of the following purposes, subject to the terms of the grant contract:

ATCP 50.32(3)(a) (a) Employee salaries, employee fringe benefits, and contractor fees for county employees and independent contractors performing soil and water resource management activities for the county land conservation committee.

ATCP 50.32(3)(b) (b) Training for county employees and land conservation committee members to the extent authorized under sub. (3m).

ATCP 50.32(3)(c) (c) County employee support costs under sub. (4).

ATCP 50.32(3)(d) (d) Landowner cost-share grants, to the extent authorized under sub. (11).

ATCP 50.32(3m) (3m) Training costs. An annual staffing grant may pay for any of the following county employee and land conservation committee member training costs, including registration fees, travel, and materials:

ATCP 50.32(3m)(a) (a) Training in conservation planning and management, technical standards implementation, clerical assistance, computer usage, and communications.

ATCP 50.32(3m)(b) (b) Courses building skills to perform current responsibilities or develop professionally in the field of soil and water management.

ATCP 50.32(3m)(c) (c) Other training costs identified in the grant application for the grant year in which the funds are to be expended.

ATCP 50.32(4) (4) Staff support costs. An annual staffing grant may pay for any of the following county employee support costs identified in the grant application:

ATCP 50.32(4)(a) (a) Mileage expenses at the state rate. A staffing grant may not be used to lease or purchase a vehicle.

ATCP 50.32(4)(b) (b) Personal computers, software, printers, and related devices.

ATCP 50.32(4)(c) (c) A proportionate share of the costs for required financial and compliance audits.

ATCP 50.32(4)(d) (d) Costs for information and education materials, newsletters, office supplies, maps and plats, photocopying, printing, and postage. This does not include rent or capital expenditures.

ATCP 50.32(4)(e) (e) Other staff support costs that the department identifies, in the grant application form, as being reimbursable for all counties.

ATCP 50.32(5) (5) Grant amounts.

ATCP 50.32(5)(a) (a) The department may award different grant amounts to different counties under sub. (1), based on a consideration of factors identified in s. ATCP 50.30.

ATCP 50.32(5)(am) (am) The department shall offer each county a minimum staffing grant, as specified in the annual grant application, subject to the availability of funds.

ATCP 50.32(5)(b) (b) The total grant amount reimbursed to a county for training and support costs may not exceed 10% of a county’s annual grant allocation.

ATCP 50.32(6) (6) Grant payments.

ATCP 50.32(6)(a) (a) The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall pay reimbursement within 30 days after the county land conservation committee files a valid reimbursement request under sub. (7). The department shall pay reimbursement, at the rate provided under sub. (8), on reimbursable expenditures identified in the reimbursement request. Total payments may not exceed the total grant award under sub. (1).

ATCP 50.32(6)(b) (b) The department may reimburse eligible costs that are incurred during the grant year and paid by January 31 of the year following the grant year. The department may not reimburse any costs incurred after December 31 of the grant year, or paid after January 31 of the following year. Unspent funds remain with the department, for distribution under a future annual allocation plan.

ATCP 50.32(6)(c) (c) If a county redirects the unused portion of an annual staffing grant for cost-sharing to landowners, as provided in sub. (11), the department shall reimburse the county for cost-sharing to landowners according to s. ATCP 50.34.

ATCP 50.32(7) (7) Reimbursement requests.

ATCP 50.32(7)(a) (a) To obtain a reimbursement payment under sub. (6) (a), a county land conservation committee shall file a reimbursement request on the form provided by the department. A county may file a reimbursement request upon incurring sufficient expenses. A county may file a second reimbursement request for costs not covered by the first request. A county may file no more than 2 reimbursement requests, and shall file all reimbursement requests by February 15 of the year following the grant year.

ATCP 50.32(7)(b) (b) An authorized county representative shall sign each reimbursement request. The request shall certify that the county has fully paid the costs for which the county seeks reimbursement, and that those costs are eligible for reimbursement under this chapter and the grant contract.

ATCP 50.32(7)(d) (d) If a county reallocates grant funds to a local government or tribe under sub. (1), the county shall submit reimbursement requests on behalf of that local government or tribe. The county shall submit and certify each reimbursement request according to this subsection, based on information that the local government or tribe certifies to the county. The department may reimburse the local government or tribe based on a valid county request under this paragraph.

ATCP 50.32(8) (8) Reimbursement rate.

ATCP 50.32(8)(a) (a) The department shall reimburse eligible county costs for employee salaries, employee fringe benefits, and independent contractor fees per the amount allocated under s. ATCP 50.28.

ATCP 50.32(8)(b) (b) The department may reimburse eligible county employee training and support costs at 100%, subject to sub. (5) (b).

ATCP 50.32(8)(c) (c) For the purpose of determining reimbursement rates under s. 92.14, Stats.:

ATCP 50.32(8)(c)1. 1. A county may choose which employees or independent contractors are considered the county’s first, second, and subsequent staff persons. The county’s first, second, and subsequent staff persons may differ from those identified in the grant application submitted under s. ATCP 50.26 (1).

ATCP 50.32(8)(c)2. 2. The department may reimburse eligible costs for the county’s first designated staff person at 100%.

ATCP 50.32(8)(c)4. 4. Except as provided under subd. 2., the department may reimburse eligible staffing costs at the rate prescribed in s. 92.14 (5g) (a), Stats.

ATCP 50.32(8)(d) (d) A county receiving an annual staffing grant under this chapter shall maintain its annual soil and water resource management expenditures, as required by s. 92.14 (7), Stats. A county may count, as part of its contributions under this paragraph, county expenditures for employees and independent contractors who work for the county land conservation committee. A county may not count capital improvement expenditures, or the expenditure of grant revenues that the county receives from other governmental entities.

ATCP 50.32(9) (9) Records.

ATCP 50.32(9)(a) (a) A county land conservation committee shall keep records related to annual staffing grants under this section. The records shall document that the county used grant funds according to this chapter and the grant contract. The county shall retain the records for at least 3 years after the end of the grant year.

ATCP 50.32(9)(b) (b) If a county reallocates grant funds to a local government or tribe, that local government or tribe shall also keep records under par. (a).