Chapter ATCP 50

ATCP 50.40 Note Note: A copy of these technical standards can be found at the DNR website at: http://dnr.wi.gov/topic/stormwater/standards/index.html. 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)5. 5. An architect registered under ch. 443, Stats., if the conservation engineering practice consists of a roof structure.

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(14)(e) (e) 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(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(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(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-sharing or financial assistance from other sources, including other sources authorized under state law. 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(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 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; CR 23-024: renum. (1) (a) to (1), r. (1) (b), am. (10) (b), r. (11) (b) 4., cr. (11) (b) 5., (14) (e), am. (17), r. (19) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.41 ATCP 50.41 Other forms of financial assistance.

ATCP 50.41(1) (1) Other forms of financial assistance. Counties may use funds granted under ss. ATCP 50.34 and 50.35 to provide other forms of financial assistance to landowners, including any of the following:

ATCP 50.41(1)(a) (a) Incentive payments.

ATCP 50.41(1)(b) (b) Performance payments.

ATCP 50.41(1)(c) (c) Other payment types authorized by or not prohibited under state law.

ATCP 50.41(2) (2) Prohibited payments. The following uses of financial assistance provided under this subsection are prohibited:

ATCP 50.41(2)(a) (a) Costs or activities that have or will be reimbursed by any other source of governmental funding.

ATCP 50.41(2)(b) (b) Costs that will exceed 70% of the total cost of a project, or up to 90% in the cases of economic hardship for installation of a practice. This does not limit the use of financial assistance from other non-governmental sources.

ATCP 50.41(2)(c) (c) Activities prohibited under s. ATCP 50.40 (3) (b).

ATCP 50.41(3) (3) Financial assistance contract. Counties shall enter into a written contract with every landowner to whom the committee awards financial assistance not already covered under s. ATCP 50.40 (8).

ATCP 50.41(4) (4) Financial assistance contract terms. A contract under sub. (3) shall include all of the following:

ATCP 50.41(4)(a) (a) The landowner’s name and address.

ATCP 50.41(4)(b) (b) The purpose for the financial assistance.

ATCP 50.41(4)(c) (c) The rate or amount of financial assistance.

ATCP 50.41(4)(d) (d) A timetable for completing the contract requirements.

ATCP 50.41(4)(e) (e) The terms the landowner must meet to receive the financial assistance.

ATCP 50.41(4)(f) (f) An agreement that the landowner will repay the full amount of the financial assistance immediately, upon demand by the county land conservation committee, if the landowner fails to meet the terms of the contract.

ATCP 50.41(4)(g) (g)   Provisions authorizing the county land conservation committee to withhold financial assistance if the committee finds that the landowner has breached the contract.

ATCP 50.41(5) (5) Payment conditions met. Before a county land conservation committee requests any reimbursement from the department under s. ATCP 50.34, 50.35, or 50.36, the committee shall document the landowner met the terms of the contract.

ATCP 50.41 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in (5) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.42 ATCP 50.42 Maximum rates.

ATCP 50.42(1) (1) Maximum rates.

ATCP 50.42(1)(a) (a) Except as provided under pars. (b) to (e), financial assistance 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 grant contract. This paragraph does not limit the use of financial assistance from other sources, except when financial assistance provided under this chapter is combined with other government funds or from programs authorized by the state of Wisconsin the total funding from all government sources cannot exceed 100% of the project costs.

ATCP 50.42(1)(b) (b) The maximum financial assistance 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 under ss. NR 151.02 to 151.08, in effect as of June 1, 2018:

ATCP 50.42(1)(dg)1. 1. Access roads under s. ATCP 50.65.

ATCP 50.42(1)(dg)2. 2. Roof runoff systems under s. ATCP 50.85.

ATCP 50.42(1)(dg)3. 3. Streambank or shoreline protection under s. ATCP 50.88.

ATCP 50.42(1)(dg)4. 4. Stream crossing under s. ATCP 50.885.

ATCP 50.42(1)(dg)5. 5. Wetland development or restoration under s. ATCP 50.98.

ATCP 50.42(1)(dr) (dr) The cost-share payments for any conservation practice installed on land owned by a local governmental unit may not exceed 50% of the total eligible costs to install and maintain the practice.

ATCP 50.42(1)(e) (e) A county land conservation committee may provide cost-share funds, at the rate authorized under this subsection, to replace a cost-shared conservation practice that is damaged or destroyed by natural causes beyond the landowner’s control.

ATCP 50.42(2) (2) Cropping practices; maximum amounts. A county land conservation committee may pay up to the following amounts for the installation or maintenance of the following cropping practices:

ATCP 50.42(2)(a) (a) For contour farming, $9 per acre per year.

ATCP 50.42(2)(b) (b) For cover crops:

ATCP 50.42(2)(b)1. 1. $60 per acre per year for single species where termination is required.

ATCP 50.42(2)(b)2. 2. $35 per acre per year for single species where termination is not required.

ATCP 50.42(2)(b)3. 3. $75 per acre per year for multi-species with two or more species.

ATCP 50.42(2)(c) (c) For stripcropping, $13.50 per acre.

ATCP 50.42(2)(d) (d) For residue management systems, no-till or strip till systems, $18.50 per acre per year.

ATCP 50.42(2)(e) (e) For nutrient management, $10 per acre per year for new nutrient management plan development, and $5 per acre for a one-time nutrient management plan update prior to April 1, 2027 in areas impacted by the Silurian bedrock performance standards outlined in s. NR 151.075.

ATCP 50.42(2)(f) (f) For conservation crop rotation, $10 per acre per year.

ATCP 50.42(2)(g) (g) For harvestable buffers, annual per-acre financial assistance shall not exceed the average soil rental rate for the county set by the United States department of agriculture during the most recent sign-up for the Conservation Reserve Program.

ATCP 50.42 Note Note: For current soil rental rates, see USDA-Farm Service Agency Conservation Reserve Program statistics at www.fsa.usda.gov

ATCP 50.42(3) (3) Maximum grant to relocate animal feeding operation. No cost-share grant to relocate an animal feeding operation may exceed 70% of the estimated cost to install a manure management system or related practices needed to resolve or prevent water quality problems at the abandoned site, or 70% of the eligible relocation costs at the new site, whichever site cost is less. Not more than $5,000 of the cost-share grant may be used to transport livestock from the abandoned site to the new site.

ATCP 50.42(4) (4) Economic hardship. A landowner of a farm operation qualifies for economic hardship treatment if all the following apply:

ATCP 50.42(4)(a) (a) A certified public accountant or accredited financial institution certifies all the following to the county land conservation committee, based on a farm financial statement prepared according to generally accepted accounting principles:

ATCP 50.42(4)(a)1. 1. The landowner is unable to make the cost-share contribution normally required of a landowner under sub. (1).

ATCP 50.42(4)(a)2. 2. The landowner will be able to pay the balance of the cost to install the cost-shared practice if the landowner receives cost-sharing at the economic hardship rate.

ATCP 50.42(4)(b) (b) The landowner certifies, in a sworn affidavit to the county land conservation committee, that the landowner has provided to the certified public accountant or accredited financial institution under par. (a) a full and true disclosure of the landowner’s financial condition, including a copy of the landowner’s latest federal tax return. The landowner shall make the affidavit on a form provided by the department.

ATCP 50.42(5) (5) Review of economic hardship determination. The department may review of an economic hardship determination under sub. (4). The landowner and the person certifying the economic hardship shall make available for department inspection or copying, at the department’s request, documents used to support the economic hardship determination. The department may invalidate a determination that fails to comply with standards under sub. (4).