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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.
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: 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)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.
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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.