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ATCP 50.35 History History: CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14.
ATCP 50.36 ATCP 50.36Grant 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, 50.35.
ATCP 50.36 Note Note: The department may request that a county provide proof of the authority of the signatory to sign a grant contract or amendment under this chapter on behalf of the county.
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 Note Note: See s. ATCP 50.28 (1) (e). The department normally awards grants under this chapter only to counties. But under s. 92.14 (10), Stats., the department may also award grants to other persons for information, education, training, and other services related to the administration of this chapter.
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. 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 Note Note: The department may seek other administrative or judicial sanctions, as appropriate. 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.
subch. V of ch. ATCP 50 Subchapter V — Cost-Share Grants to Landowners
ATCP 50.40 ATCP 50.40Cost-share grants to landowners.
ATCP 50.40(1)(1) General.
ATCP 50.40(1)(a)(a) A county land conservation committee may use grant funds awarded to the county under s. ATCP 50.34 to make cost-share grants to landowners for any of the purposes authorized under s. ATCP 50.34 (1). Cost-share grants shall comply with this subchapter.
ATCP 50.40 Note Note: This subchapter regulates a county's use of grant funds awarded under s. ATCP 50.34. It does not limit a county's authority to acquire and distribute cost-share grant funds from other governmental or private entities.
ATCP 50.40 Note The department and DNR will prepare a joint allocation plan for the allocation of funds to counties under ss. 92.14, 281.65, and 281.66, Stats. Funding under this chapter is primarily aimed at rural conservation practices. DNR may provide funding for urban conservation practices that are not financed under this chapter.
ATCP 50.40(1)(b) (b) A county land conservation committee may determine all the following, subject to this chapter:
ATCP 50.40(1)(b)1. 1. The landowners who will receive cost-share grants.
ATCP 50.40(1)(b)2. 2. The conservation practices that will be cost-shared.
ATCP 50.40(1)(b)3. 3. The costs, for each conservation practice, that will be shared.
ATCP 50.40(1)(b)4. 4. The rate at which costs will be shared.
ATCP 50.40 Note Note: If a county requires a landowner to change an “existing" agricultural practice, the county must comply with minimum cost-share requirements under sub. (2). But if a county enters into a voluntary cost-share arrangement with a landowner, the county is free to negotiate the grant amount with the landowner (up to the maximum amounts provided in s. ATCP 50.42).
ATCP 50.40(2) (2)Cost-sharing required.
ATCP 50.40(2)(a)(a) A county may not do any of the following, under this chapter or a local regulation, unless the county land conservation committee first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:
ATCP 50.40(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland" has the meaning given in s. NR 151.09 (4) (b).
ATCP 50.40(2)(a)2. 2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, “existing livestock facility or operation" has the meaning given in s. NR 151.095 (5) (b).
ATCP 50.40(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.
ATCP 50.40(2)(c) (c) Paragraph (a) does not limit any of the following:
ATCP 50.40(2)(c)1. 1. An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.
ATCP 50.40(2)(c)2. 2. County action under s. ATCP 50.16 (6) to suspend a landowner's eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).
ATCP 50.40(2)(c)3. 3. The enforcement of an existing cost-share contract.
ATCP 50.40(2)(d) (d) Paragraph (a) does not apply to requirements imposed on a livestock facility operator in connection with a local approval or permit issued pursuant to s. 93.90, Stats., and ch. ATCP 51.
ATCP 50.40 Note Note: To secure a local approval or permit, an operator must meet the required standards, regardless of whether the applicant receives cost-sharing (see s. 93.90, Stats.). However, a political subdivision may choose to provide cost-sharing to the operator.
ATCP 50.40(3) (3)Cost-shared practices.
ATCP 50.40(3)(a)(a) A cost-share grant may fund conservation practices identified under subch. VIII, or other conservation practices that the department approves in writing, regardless of whether those conservation practices are required or voluntary.
ATCP 50.40 Note Note: A county may package cost-share payments in a variety of ways. For example, a county might choose to negotiate a single overall payment (sometimes called an “incentive" payment) with a landowner who voluntarily agrees to maintain a combination of “soft" practices such as nutrient management, residue management, and contour farming. The county may pay the landowner to continue these practices, even though the landowner has followed the same practices in the past. In some cases, counties may be limited, by the terms of prior department cost-share grants to landowners, in making payments to landowners to continue compliance with performance standards. The county is free to negotiate the cost-share amount (“incentive" payment amount) with the landowner, as long as the arrangement is voluntary.
ATCP 50.40(3)(b) (b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch. VIII:
ATCP 50.40(3)(b)1. 1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.
ATCP 50.40(3)(b)2. 2. Correct overtopping of a manure storage facility.
ATCP 50.40(3)(b)3. 3. Move a manure stack.
ATCP 50.40(3)(b)4. 4. Drain wetlands, as defined in s. 23.32, Stats.
ATCP 50.40(3)(b)5. 5. Increase drainage of land.
ATCP 50.40(3)(b)6. 6. Dredge a harbor, lake, river, or drainage ditch.
ATCP 50.40(3)(b)7. 7. Prevent or clean up spills of pesticides, fertilizers, or other agricultural chemicals from commercial bulk storage facilities.
ATCP 50.40(3)(b)8. 8. Grow or harvest trees.
ATCP 50.40(3)(b)9. 9. Install, operate, or repair a septic system.
ATCP 50.40(3)(b)10. 10. Install or modify a flood control structure.
ATCP 50.40(3)(b)11. 11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner's expense.
ATCP 50.40(3)(b)12. 12. Pay for the installation of a practice on land owned by the state of Wisconsin.
ATCP 50.40(3)(b)13. 13. Bring a permittee into compliance with standards required under a WPDES permit under chs. 281 and 283, Stats.
ATCP 50.40(3)(b)14. 14. Pay for any state or local administrative permit fees.
ATCP 50.40(4) (4)Eligible costs. A cost-share grant may pay for relevant costs identified in s. ATCP 50.08 (3) and (4), regardless of whether cost-sharing is required under sub. (2) or s. ATCP 50.08. A cost-share grant may pay for the costs incurred by a county or landowner in recording, with the county register of deeds, any cost-share contract, whether or not recording is required under s. ATCP 50.40 (14). A cost-share grant may not pay for ineligible costs identified under sub. (3) (b) or subch. VIII.
ATCP 50.40(5) (5)Cost-effective practices. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following:
ATCP 50.40(5)(a) (a) The predicted conservation benefits of the practice.
ATCP 50.40(5)(b) (b) The minimum practice needed to achieve the conservation objective.
ATCP 50.40(5)(c) (c) The cost of the practice compared to feasible and effective alternatives.
ATCP 50.40(5)(d) (d) The practical effects of the practice on the agricultural operation.
ATCP 50.40(6) (6)Maximum cost-share rates and amounts. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in s. ATCP 50.42.
ATCP 50.40(7) (7)Engineering services.
ATCP 50.40(7)(a)(a) A cost-share grant may include funding for engineering services needed to do any of the following:
ATCP 50.40(7)(a)1. 1. Design a cost-shared practice.
ATCP 50.40(7)(a)2. 2. Supervise the installation of a cost-shared practice.
ATCP 50.40(7)(a)3. 3. Certify that a cost-shared practice has been properly installed.
ATCP 50.40(7)(b) (b) A cost-share grant may reimburse the cost of engineering services under par. (a) provided by a professional engineer registered under ch. 443, Stats., or a conservation engineering practitioner certified at the applicable rating under s. ATCP 50.46. A cost-share grant may not reimburse the cost of engineering services provided by the county land conservation committee or its agent.
ATCP 50.40(7)(c) (c) Funding for engineering services under par. (a) may not exceed the lesser of the following:
ATCP 50.40(7)(c)1. 1. 70% of the actual cost of the engineering services.
ATCP 50.40(7)(c)2. 2. 15% of the total eligible cost of the cost-shared practice, exclusive of engineering costs.
ATCP 50.40(8) (8)Cost-share contract. A county land conservation committee shall enter into a written contract with every landowner to whom the committee awards a cost-share grant. The department shall approve, in writing, any cost-share contract that provides for more than $50,000 in cost-share payments.
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.
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.