Chapter ATCP 50

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).

ATCP 50.32(10) (10) Bond revenues may not be used for county staffing. Bond revenue funds may not be used for an annual staffing grant under sub. (1).

ATCP 50.32(11) (11) Redirecting staffing grants for cost-share payments to landowners. A county may redirect a portion of its annual staffing grant to fund cost-share grants to landowners under s. ATCP 50.34 if all of the following apply:

ATCP 50.32(11)(a) (a) The department approves, in writing, the total staffing grant amount that the county may redirect.

ATCP 50.32(11)(b) (b) The county uses the redirected funds in the year for which the funds are allocated.

ATCP 50.32 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (7) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (3) (b), cr. (3m), r. and recr. (5) (b), am. (7) (b), r. and recr. (7) (c) 4., am. (8) (b), (c) 2., r. (8) (c) 3., am. (8) (c) 4. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (7) (a) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: cr. (5) (am), am. (6) (c), (7) (a), r. (7) (c), am. (8) (a), (c) 1., (d) Register May 2024 No. 821, eff. 6-1-24; correction in (8) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

ATCP 50.34 ATCP 50.34 Grants for conservation practices.

ATCP 50.34(1) (1) General. The department may award an annual grant to each eligible county to provide financial assistance to landowners. The department shall award the grant to the county land conservation committee. The committee may provide financial assistance to landowners for conservation practices needed to comply with any of the following:

ATCP 50.34(1)(a) (a) Section ATCP 50.04.

ATCP 50.34(1)(b) (b) State or local regulations identified in the county’s land and water resource management plan under s. ATCP 50.12 (2) (b).

ATCP 50.34 Note Note: The committee may use funds for recording fees and other related costs allowed under this chapter, but may not award funds under this chapter to cover state or local permit fees.

ATCP 50.34(1)(c) (c) Objectives identified in the county land and water resource management plan under s. ATCP 50.12.

ATCP 50.34(1)(d) (d) Any applicable requirements or provisions in ch. 92, Stats.

ATCP 50.34(2) (2) Grant contract. The department shall make grant payments 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 50.34(2)(a) (a) The total amount awarded under sub. (1).

ATCP 50.34(2)(b) (b) The subtotal amount awarded from each relevant fund source under s. ATCP 50.28 (1) (a).

ATCP 50.34(2)(c) (c) Project funding extensions under sub. (6), if any.

ATCP 50.34(2)(d) (d) Grant terms and conditions, including terms and conditions required under this section.

ATCP 50.34(3) (3) Grant payments. The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall reimburse the county after the county certifies that the conservation practice has been properly installed and paid for and contract terms are met. To obtain reimbursement, a county land conservation committee shall do all of the following that apply using forms provided by the department:

ATCP 50.34(3)(a) (a) File with the department a copy of the county’s contract with the landowner and the supporting documentation specified in department forms to be submitted to obtain reimbursement. Cost-share contracts shall comply with s. ATCP 50.40 (8) and (9).

ATCP 50.34(3)(b) (b) Certify the amount of reimbursement due.

ATCP 50.34(3)(c) (c) Certify, based on documentation possessed by the county, that all applicable conditions in ss. ATCP 50.40 (10) to (12) and (14) and 50.41 are met.

ATCP 50.34(3)(d) (d) File all reimbursement requests and required documentation such as cost-share contracts or other documents to show payment conditions are met by February 15 of the year following the grant year.

ATCP 50.34(4) (4) Use of bond revenues.

ATCP 50.34(4)(a) (a) Bond revenue funds awarded under sub. (1) may be used for the following purposes, subject to par. (b) and the grant contract:

ATCP 50.34(4)(a)1. 1. To finance conservation practices identified in subch. VIII, except that bond revenue funds may not be used to finance practices identified in s. ATCP 50.67, 50.68, 50.78, 50.79, 50.82, or 50.89.

ATCP 50.34(4)(a)2. 2. To finance engineering services provided in connection with a conservation practice for which bond revenues may be used under subd. 1.

ATCP 50.34(4)(b) (b) The department may not use bond revenue funds to reimburse a county for services provided by county employees, or by independent contractors working for the county.

ATCP 50.34(5) (5) Unspent funds. The department may not use grant funds awarded to a county under sub. (1) to reimburse the county for costs that the county incurs after December 31 of the grant year, or pays after January 31 of the following year. Unspent funds remain with the department, for distribution under a future year’s allocation plan.

ATCP 50.34(5m) (5m) Inter-county transfers. The department may approve an agreement between counties to transfer uncommitted grant funds if all of the following apply:

ATCP 50.34(5m)(a) (a) The grant funds subject to the transfer were not previously extended by the transferring county.

ATCP 50.34(5m)(b) (b) The county transferring the grant funds certifies to the department that it has an uncommitted portion of its allocation equal to or greater than the transfer amount, and has approval of its land conservation committee to make these funds available for transfer.

ATCP 50.34(5m)(c) (c) The county receiving the grant funds has made a commitment to use the transferred funds on one or more specific projects, and has the approval of its land conservation committee to accept the transferred funds for cost-sharing on the specific projects.

ATCP 50.34(5m)(d) (d) The counties apply for the transfer of grant funds on a form provided by the department. The department may require any information on the form reasonably necessary for the department to approve the transfer of funds.