This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
ATCP 50.40(9) (9)Contract terms. A cost-share contract under sub. (8) shall include all of the following:
ATCP 50.40(9)(a) (a) The landowner's name and address.
ATCP 50.40(9)(b) (b) The purpose for the cost-share grant.
ATCP 50.40(9)(c) (c) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost-share payments may exceed $14,000.
ATCP 50.40(9)(d) (d) Specifications for the cost-shared practice, including engineering specifications for any conservation engineering practice identified under s. ATCP 50.46 (2).
ATCP 50.40(9)(e) (e) The total estimated cost of the cost-shared practice. The total cost may include the cost to install the practice and the cost to maintain the practice for the period of time specified in the contract. Costs may include any applicable costs under sub. (4). A county shall use applicable cost containment procedures under sub. (16) when determining the estimated cost.
ATCP 50.40(9)(f) (f) The cost-share rate or amount. The cost-share rate or amount may not exceed the rate or amount allowed under s. ATCP 50.42.
ATCP 50.40(9)(g) (g) The amount, if any, that the county land conservation committee will pay for engineering services under sub. (7).
ATCP 50.40(9)(h) (h) A timetable for constructing and installing the cost-shared practice.
ATCP 50.40(9)(i) (i) Applicable conditions required under this section.
ATCP 50.40(9)(j) (j) The period of time for which the landowner agrees to maintain the cost-shared practice in return for the cost-share grant. The landowner shall agree to maintain the cost-shared practice for at least the period of time required under subch. VIII, or replace it with an equally effective practice. The landowner shall refrain, during the maintenance period, from any action that may reduce the effectiveness of the cost-shared practice.
ATCP 50.40 Note Note: Subchapter VIII specifies a minimum maintenance period of 10 years for most conservation practices. But it does not specify a minimum maintenance period for the following “soft" practices:
ATCP 50.40 Note Contour farming (s. ATCP 50.67).
ATCP 50.40 Note Cover crop (s. ATCP 50.68).
ATCP 50.40 Note Nutrient management (s. ATCP 50.78).
ATCP 50.40 Note Pesticide management (s. ATCP 50.79).
ATCP 50.40 Note Residue management (s. ATCP 50.82).
ATCP 50.40 Note Stripcropping (s. ATCP 50.89).
ATCP 50.40(9)(k) (k) An agreement that the landowner will repay the full amount of the cost-share grant immediately, upon demand by the county land conservation committee, if the landowner fails to operate and maintain the cost-shared practice according to the contract.
ATCP 50.40(9)(L) (L) If the contract provides for a cost-share grant that exceeds $14,000, an agreement that the contract runs with the land and is binding on subsequent owners or users of the land for the period of time required under subch. VIII.
ATCP 50.40 Note Note: Subsection (14) requires the county or landowner to record, with the county register of deeds, any cost-share contract over the applicable amount in par. (L). The county may include, in the cost-share contract, a provision requiring the landowner to record the cost-share contract with the register of deeds.
ATCP 50.40(9)(m) (m) Provisions authorizing the county land conservation committee to stop work or withhold cost-share grant payments if the committee finds that the landowner has breached the contract.
ATCP 50.40(9)(n) (n) Appropriate pre-approval procedures for making any construction changes that may affect the terms or amount of the cost-share grant.
ATCP 50.40(9)(o) (o) Other terms or conditions specified by the county land conservation committee.
ATCP 50.40 Note Note: The department will provide sample cost-share contracts to each county land conservation committee. County land conservation committees are encouraged to use the contract forms provided by the department.
ATCP 50.40(10) (10)Design and installation. A cost-shared practice shall be all of the following:
ATCP 50.40(10)(a) (a) Designed and installed according to subch. VIII and the cost-share contract.
ATCP 50.40(10)(b) (b) Installed in compliance with applicable construction site erosion control standards contained in the DNR Storm Water Construction Technical Standards, in effect on May 1, 2014.
ATCP 50.40 Note Note: A copy of these technical standards can be found at the DNR website at: Copies of these technical standards are also on file with the department and the legislative reference bureau.
ATCP 50.40(11) (11)Payment conditions met. Before a county land conservation committee pays for any cost-shared practice, or requests any cost-share reimbursement from the department under s. ATCP 50.34 (3), the committee shall document all of the following:
ATCP 50.40(11)(a) (a) That the landowner has made, for that cost-shared practice, all payments for which the landowner is responsible under the cost-share contract.
ATCP 50.40(11)(b) (b) That the cost-shared practice is designed and installed according to sub. (10). If the cost-shared practice is a conservation engineering practice identified under s. ATCP 50.46 (2), one of the following shall certify in writing that the practice complies with sub. (10):
ATCP 50.40(11)(b)1. 1. A professional engineer registered under ch. 443, Stats.
ATCP 50.40(11)(b)2. 2. A conservation engineering practitioner certified under s. ATCP 50.46.
ATCP 50.40(11)(b)3. 3. A well driller or pump installer registered under s. 280.15, Stats., if the conservation engineering practice consists of well construction or decommissioning.
ATCP 50.40(11)(b)4. 4. A person with the appropriate level of NRCS job approval authority.
ATCP 50.40 Note Note: See Note under sub. (1) (b).
ATCP 50.40(11)(c) (c) That the landowner's nutrient management plan complies with s. ATCP 50.04 (3), if the cost-shared practice includes a nutrient management plan.
ATCP 50.40(12) (12)Partial payments. A county land conservation committee may make partial payments for completed portions of a cost-shared practice if all of the following apply:
ATCP 50.40(12)(a) (a) The committee documents, for that completed portion, the information required under sub. (11).
ATCP 50.40(12)(b) (b) The completed portion provides independent conservation benefits.
ATCP 50.40(12)(c) (c) The committee distributes no more than 90% of the total cost-share grant in partial payments.
ATCP 50.40(13) (13)Payment recipients. A county land conservation committee shall make cost-share payments to the contracting landowner, except that the committee may do any of the following:
ATCP 50.40(13)(a) (a) Make cost-share payments by multi-party check payable to the landowner and any contractors who designed or installed a cost-shared practice for the landowner, if the landowner or any of the contractors asks the committee to do so.
ATCP 50.40(13)(b) (b) Make a cost-share payment to an assignee whom the landowner designates in writing.
ATCP 50.40(14) (14)Recording contracts with register of deeds.
ATCP 50.40(14)(a)(a) If a county contract with a landowner exceeds $14,000, the county or the landowner shall record the contract with the county register of deeds before the county makes any cost-share payment to the landowner.
ATCP 50.40(14)(b) (b) If recording is required under this subsection, the county shall record the cost-share contract before making any reimbursement payments to the landowner or grant recipient.
ATCP 50.40(14)(c) (c) Recording a contract which exceeds the amount in par. (a) is not required if the contract is only for conservation practices listed in s. ATCP 50.08 (5) (b).
ATCP 50.40(14)(d) (d) A county may choose to voluntarily record any contract in which cost-share payments under this chapter were awarded.
ATCP 50.40 Note Note: Cost-share funds can be used to record any contract authorized under this chapter.
ATCP 50.40(15) (15)Landowner installation and maintenance.
ATCP 50.40(15)(a)(a) With the approval of the county land conservation committee, a landowner may personally install a cost-shared practice. The committee may give its approval if all of the following apply:
ATCP 50.40(15)(a)1. 1. The landowner is competent to install the practice.
ATCP 50.40(15)(a)2. 2. The landowner can install the practice at least as cheaply as other available contractors.
ATCP 50.40(15)(a)3. 3. The landowner submits a qualified bid if the committee requires bidding under sub. (16) (b).
ATCP 50.40(15)(b) (b) If the value of a landowner's installation or maintenance service is considered for cost-sharing purposes, the landowner shall submit a detailed invoice or cost-estimate for those services.
ATCP 50.40(16) (16)Cost containment. A county land conservation committee shall adopt one or more of the following cost containment procedures, or other procedures that are equally effective, when estimating and paying for a cost-shared practice:
ATCP 50.40(16)(a) (a) The committee may base cost-share grants on typical or maximum acceptable costs for the conservation practice, even if actual costs are higher.
ATCP 50.40 Note Note: A committee may estimate typical costs per completed practice, or per unit of labor or materials. A committee may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
ATCP 50.40(16)(b) (b) The committee may require competitive bidding, and may determine a cost-share grant amount based on low bid cost, regardless of whether the contracting landowner selects the low bidder. The committee may specify bidding procedures that it considers appropriate. The committee shall require competitive bidding if the cost-share contract may exceed $25,000.
ATCP 50.40 Note Note: The department suggests the following bidding procedures:
ATCP 50.40 Note The committee must show the proposed construction site to all prospective bidders on the same day and at the same time.
ATCP 50.40 Note There must be at least 3 qualified bids.
ATCP 50.40 Note All bids must be sealed and delivered by a bid deadline to a location specified by the committee.
ATCP 50.40 Note Bids must all be opened at the same time within 2 weeks after the bid deadline.
ATCP 50.40 Note The amount of the cost-share grant is based on the lowest qualified bid.
ATCP 50.40 Note The landowner may select a higher bidding contractor only if the landowner agrees to pay the difference.
ATCP 50.40 Note The landowner may not select a contractor who did not bid.
ATCP 50.40(16)(c) (c) The committee may use its own employees or agents to design, construct, or install a cost-shared practice if, by doing so, it can minimize public costs related to the practice. The committee may charge the staff costs to its staffing grant award under s. ATCP 50.32, but not to its cost-share grant award under s. ATCP 50.34. If a county reallocates staffing grant funds to a city, village, town, county drainage board, lake district, or tribe with the department's approval, that local government or tribe may use those staffing grant funds in the same manner.
ATCP 50.40 Note Note: A local government or tribe may contract with the Wisconsin conservation corps or any other entity to install a cost-shared practice as the agent of the local government or tribe.
ATCP 50.40(17) (17)Combined grants. Cost-share grants under this chapter may be combined with grants from other federal, state, local, and private sources. Except as restricted under s. ATCP 50.42 (1), department funds allocated under this chapter may be combined with DNR funds allocated under s. 281.65 or 281.66, Stats., to finance up to 70% of the total cost of a project, or up to 90% in cases of economic hardship under s. ATCP 50.42 (4). This subsection does not limit the use of cost-share funds from other sources. A cost-share grant under this chapter may not reimburse a landowner for any costs that another governmental entity is also reimbursing.
ATCP 50.40 Note Note: A landowner may receive grants from 2 or more governmental entities related to the same project, provided that the landowner does not receive duplicate reimbursement of the same costs.
ATCP 50.40(18) (18)Land taken out of agricultural production; easement. A cost-share contract to take land out of agricultural production may provide for a recorded easement to implement the contract. The easement shall be consistent with the cost-share contract, and the duration of the easement shall be consistent with the maintenance term specified in the cost-share contract. Before the landowner signs the cost-share contract, the county land conservation committee shall provide the landowner with the document that the landowner would sign to create the proposed easement. The county land conservation committee shall promptly record the easement document with the county register of deeds after the landowner signs that document.
ATCP 50.40 Note Note: For example, if a county land conservation committee pays a landowner to keep a riparian buffer out of agricultural production for 15 years, the cost-share contract may require the landowner to grant a recorded easement on that riparian buffer for 15 years. If the landowner agrees to keep land out of production in perpetuity (presumably in return for a higher cost-share payment), the contract may require the landowner to grant a perpetual easement. The county land conservation committee must give the landowner a copy of the proposed easement document before the landowner signs the cost-share contract.
ATCP 50.40(19) (19)Conflict of interest prohibited. No county employee or land conservation committee member may:
ATCP 50.40(19)(a) (a) Take any official action substantially affecting a matter which the individual, a member of his or her immediate family, or an organization with which the individual is associated has a substantial financial interest.
ATCP 50.40(19)(b) (b) Use his or her office or position in a way that produces or assists in the production of substantial benefit, direct or indirect, for the individual, one or more members of the individual's immediate family either separately or together, or an organization with which the individual is associated.
ATCP 50.40 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 04-005: am. (9) (L) Register October 2004 No. 586, eff. 11-1-04; CR 13-016: cr. (2) (d), (3) (b) 12. to 14., am. (4), (7) (b), renum. (9) (c) (intro.) to (c), r. (9) (c) 1. to 3., am. (9) (d), renum. (9) (L) (intro.) to (L), r. (9) (L) 1. to 3., am. (9) (n), (10) (b), (11) (b) (intro.), 2., 3., r. (14) (a) to (c), renum. (14) (intro.) to (14) (a) and am., cr. (14) (b) to (d), am. (17) Register February 2014 No. 698, eff. 5-1-14; CR16-083: am. (3) (b) 13., cr. (11) (b) 4. Register January 2018 No. 745, eff. 2-1-18.
ATCP 50.42 ATCP 50.42Maximum cost-share rates.
ATCP 50.42(1) (1) Maximum cost-share rate.
ATCP 50.42(1)(a)(a) Except as provided under pars. (b) to (e), cost-share payments funded under this chapter may not exceed 70% of the total eligible costs allowed under s. ATCP 50.40 (4) to install and maintain the conservation practice for the period specified in the cost-share contract. This paragraph does not limit the use of cost-share funds from other sources.
ATCP 50.42 Note Note: The maximum cost-share rates in this section and other sections were established to meet the requirements of s. 281.16 (3) (e), Stats., which provides that an owner or operator of an agricultural facility may not be required by the state or a municipality to comply with the performance standards, prohibitions, conservation practices, or technical standards unless cost-sharing is available for at least 70% of the cost of compliance, or is 70% to 90% of the cost of compliance in cases of economic hardship. These maximum cost-share rates are not required for the practices specified in s. ATCP 50.42 (1) (dg) and (dr).
ATCP 50.42(1)(b) (b) The maximum cost-share rate under par. (a) is 90% if there is an economic hardship under sub. (4).
ATCP 50.42(1)(bm) (bm) The economic hardship provision under sub. (4) is available to owners and grant recipients who operate farms and is not available to non-farmers.
ATCP 50.42(1)(c) (c) For cropping practices identified in sub. (2), a county land conservation committee may pay up to the amount authorized under this subsection or sub. (2), whichever is higher.
ATCP 50.42(1)(d) (d) For more than ½ acre of riparian land taken out of agricultural production to install a conservation practice, a county land conservation committee may pay a qualified landowner up to the CREP-equivalent amount authorized in s. ATCP 50.08 (4) if that amount exceeds the relevant amount authorized under this subsection.
ATCP 50.42(1)(dg) (dg) The cost-share payments for the following conservation practices may not exceed 50% of the total eligible costs to install and maintain the practice unless the landowner is required to install the practice to achieve compliance with an agricultural performance standard on cropland, pastures, or a livestock operation:
ATCP 50.42(1)(dg)1. 1. Access roads under s. ATCP 50.65.
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.