Chapter ATCP 50

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.

ATCP 50.34(5m)(e) (e) The grant funds being transferred were not part of their staffing allocation.

ATCP 50.34(6) (6) Extensions.

ATCP 50.34(6)(a) (a) If a grant under sub. (1) funds a landowner contract that is signed by December 31 of the grant year but not completed by December 31 of that year, the department may extend funding for that contract in the next year’s grant allocation to the county if all of the following apply:

ATCP 50.34(6)(a)1. 1. The county properly contracts with the landowner by December 31 of the initial grant year.

ATCP 50.34(6)(a)2. 2. The landowner has not taken any action in violation of the contract.

ATCP 50.34(6)(a)3. 3. The county land conservation committee files with the department, by December 31 of the initial grant year, a written request that identifies the projects for which the extended funds will be used, and the total funds to be extended. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.

ATCP 50.34(6)(a)4. 4. The department has not previously extended funding for the same contract from one grant year to another.

ATCP 50.34(6)(b) (b) A county may transfer a funding extension under par. (a) from one landowner cost-share contract to another provided that the department approves an extension of both projects. Extended funds may not be used on new cost-share contracts.

ATCP 50.34(7) (7) County records.

ATCP 50.34(7)(a) (a) A county land conservation committee shall keep all of the following records related to grants under sub. (1):

ATCP 50.34(7)(a)1. 1. Copies of all county contracts with landowners, including any provisions related to operation and maintenance of installed practices.

ATCP 50.34(7)(a)2. 2. Documentary proof of all information that the county land conservation committee certifies to the department under this section.

ATCP 50.34(7)(a)3. 3. Documentation of all county receipts and payments under this section.

ATCP 50.34(7)(a)4. 4. Other records needed to document county compliance with this section and the grant contract.

ATCP 50.34(7)(b) (b) A county land conservation committee shall retain records under par. (a) for at least 3 years after the committee makes its last payment to the landowner, or for the duration of the maintenance period required for the conservation practice under subch. VIII, whichever is longer. The committee shall make the records available to the department and grant auditors upon request.

ATCP 50.34 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (6) (a) (intro.) and 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (b), cr. (1) (d), am. (3) (a), (d), cr. (5m), am. (6) (a) 3., (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (1), (3) (intro.), (a), (c), (d), (4) (a) 1., 2., (5m) (intro.), (b) to (d), cr. (5m) (e), am. (6) (a) (intro.), 2., 3., (b), (7) (a) 1., (b) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (c) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.35 ATCP 50.35 Grants for other services.

ATCP 50.35(1) (1) Under s. 92.14 (10), Stats., the department may award a grant identified in the annual allocation plan to any person for services and activities including information, education, and training. The department shall enter into a grant contract with the grant recipient for the payment of these grant funds. The contract shall include relevant terms required under this section and ss. ATCP 50.34 and 50.36, and appropriate restrictions on reimbursement of costs.

ATCP 50.35(2) (2) A person applying for a grant under s. 92.14 (10), Stats., shall file a written grant application by April 15 of the year preceding the year for which the department awards the grant. The grant application shall include a proposed budget and supporting documentation. The department may require a grant applicant to apply on a form provided by the department.

ATCP 50.35(3) (3) Contracts under this section may be extended for a period of one year if all of the following apply:

ATCP 50.35(3)(a) (a) The grant recipient submits a written extension request by December 31 of the initial grant year, and identifies how the unspent funds will be used in the subsequent grant year. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.

ATCP 50.35(3)(b) (b) The grant is funded under s. 20.115 (7) (qf), Stats., or other provisions authorizing department expenditure of funds for grants other than the county staffing and support grants under s. ATCP 50.32.

ATCP 50.35(4) (4) If a county is awarded a grant under this section, it shall do all of the following:

ATCP 50.35(4)(a) (a) Use the grant funds only for work specified in the grant contract required under sub. (1) and not for any work the county is authorized to perform under s. 92.14 (3) (a) through (f), Stats.

ATCP 50.35(4)(b) (b) Develop and implement county procedures to ensure that the county seeks reimbursement under this grant contract only for work authorized under this grant contract under sub. (1), and does not seek reimbursement under this grant contract for work performed under any other grant contract.

ATCP 50.35(5) (5) Except as provided in this subchapter, a grant recipient under this section shall retain all records and forms related to the grant award and its administration, including original subcontracts, if any, and receipts for disbursements for a minimum of 3 years after the end of the year of the grant award.

ATCP 50.35 History History: CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14.

ATCP 50.36 ATCP 50.36 Grant contracts.

ATCP 50.36(1) (1) County grant contracts. The department shall enter into an annual grant contract with a county land conservation committee for the payment of grant funds awarded to the county. The county land conservation committee shall approve the terms of the grant contract and any amendment before the grant contract or amendment is signed on behalf of the county. The contract shall include relevant terms required under this section and ss. ATCP 50.32, 50.34, and, if applicable, s. ATCP 50.35.

ATCP 50.36(2) (2) Other grant contracts.

ATCP 50.36(2)(a) (a) The department shall enter into a grant contract with every grant recipient awarded a grant under s. 92.14 (10), Stats.

ATCP 50.36(2)(b) (b) A grant contract under par. (a) shall conform to the grant allocation plan under s. ATCP 50.28. The contract shall specify grant terms and conditions, including terms required under this chapter. The contract shall specify the products and services that the grant recipient is expected to deliver.

ATCP 50.36(3) (3) Breach of contract.

ATCP 50.36(3)(a) (a) The department may withhold or demand return of grant payments if the department finds that the grant recipient has violated this chapter or breached its grant contract with the department.

ATCP 50.36(3)(b) (b) The department may seek other administrative or judicial sanctions, as appropriate.

ATCP 50.36(3)(c) (c) A grant recipient may appeal an administrative sanction under this section to the extent provided under ch. 227, Stats.

ATCP 50.36(4) (4) Contract contingent on legislative appropriations. Grant payments to a county land conservation committee or other grant recipient under this chapter are contingent on the continued availability of legislative appropriations to fund those payments.

ATCP 50.36 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1), (2) (a) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: renum. (3) to (3) (a), cr. (3) (b), (c) Register May 2024 No. 821, eff. 6-1-24; correction in (1) made under s. 35.17, Stats., Register May 2024 No. 821.

subch. V of ch. ATCP 50 Subchapter V — Financial Assistance to Landowners

ATCP 50.38 ATCP 50.38 Financial assistance to landowners.

ATCP 50.38(1) (1) A county land conservation committee may use grant funds awarded to the county under s. ATCP 50.34 or 50.35 to provide financial assistance to landowners.

ATCP 50.38(2) (2) A county land conservation committee’s authority to acquire and distribute grant funds from other sources is not restricted by this subchapter.