Chapter ATCP 50

ATCP 50.04(5)(d) (d) A landowner under par. (b) has until April 1, 2027, to comply with par. (a).

ATCP 50.04 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (3) (d), (e), (f) (intro.), 3. and (g), cr. (3) (dm) and (i), r. and recr. (3) (f) 4., r. (3) (f) 5. to 9., Register May 2007 No. 617, eff. 6-1-07; CR 08-075: am. (3) (dm) 1. and (e) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1), (2), (3) (a), renum. (3) (b) to (intro.) and am., cr. (3) (b) 1., 2., renum. (3) (d) to (intro.) and am., cr. (3) (d) 1., 2., (de), am. (3) (f) (intro.), cr. (3) (gm), am. (3) (h) (intro.), cr. (4) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (3) (dm) 1., (e) Register May 2015 No. 713, eff. 6-1-15; CR 16-083: am. (1), (3) (dm) 1., (e), (f) (intro.), (g) Register January 2018 No. 745, eff. 2-1-18; CR 23-024: am. (1), (2), (3) (a), (dm) 1., (e), (f) 1., 4., r. (3) (h), am. (3) (i), cr. (4) (c), (5) Register May 2024 No. 821, eff. 6-1-24; correction in (5) (d) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.06 ATCP 50.06 Installing conservation practices.

ATCP 50.06(1) (1) General. A landowner may use any of the following to comply with s. ATCP 50.04, unless s. ATCP 50.04 mandates a specific practice:

ATCP 50.06(1)(a) (a) Conservation practices identified in subch. VIII or the NRCS field office technical guide.

ATCP 50.06(1)(b) (b) Other conservation practices that comply with s. ATCP 50.04.

ATCP 50.06(2) (2) Funded practices. Conservation practices for which a landowner receives financial assistance under this chapter shall comply with subch. VIII.

ATCP 50.06 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 23-024: am. (1) (a), (2) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.08 ATCP 50.08 Cost-sharing required.

ATCP 50.08(1) (1) General. A landowner engaged in agricultural practices in this state is not required to do any of the following, under s. ATCP 50.04, unless the landowner receives a bona fide offer of cost-sharing:

ATCP 50.08(1)(a) (a) Discontinue or modify cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).

ATCP 50.08(1)(b) (b) Discontinue or modify 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 50.08(2) (2) Cost-share amount. A cost-share offer under sub. (1) shall cover at least 70% of the landowner’s cost to install and maintain each required conservation practice, or 90% of the landowner’s cost if there is an economic hardship under s. ATCP 50.42 (4).

ATCP 50.08(3) (3) Landowner’s cost. A landowner’s cost to install and maintain a conservation practice includes all of the following that apply:

ATCP 50.08(3)(a) (a) The landowner’s reasonable and necessary expenditures to install and maintain the conservation practice. This includes eligible installation costs identified in subch. VIII, and costs for engineering services under s. ATCP 50.40 (7).

ATCP 50.08(3)(b) (b) The reasonable value of necessary labor, equipment, and supplies provided by the landowner in the installation and maintenance of the conservation practice for the period required under subch. VIII or specified in the contract. This does not include normal operating routines such as clean-outs of barnyards, storage facilities, and gutters.

ATCP 50.08(3)(d) (d) The landowner’s cost to take or keep land out of agricultural production, if the landowner must take or keep more than ½ acre out of agricultural production in order to install or maintain the conservation practice. The landowner’s cost, determined on the date of the cost-share contract, equals the sum of the annual costs that the landowner will incur over the maintenance period specified in the cost-share contract. The landowner’s annual cost, for each year of the maintenance period, equals the number of affected acres multiplied by the per-acre weighted average soil rental rate in the county on the date of the cost-share contract. This paragraph does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.

ATCP 50.08(4) (4) Riparian land taken out of production; crep-equivalent payment.

ATCP 50.08(4)(a) (a) If a landowner must take or keep more than ½ acre of riparian land out of agricultural production in order to install or maintain a conservation practice, the cost-share offer under sub. (1) for that conservation practice shall be at least equal to the amount that would be offered under the CREP program if the affected lands were enrolled in that program, regardless of whether the lands are actually eligible for the CREP program.

ATCP 50.08(4)(b) (b) Paragraph (a) does not apply unless the landowner agrees to keep the land out of agricultural production for 15 years, or in perpetuity, under contract terms equivalent to those that apply under the CREP program.

ATCP 50.08(4)(c) (c) Paragraph (a) does not apply to a cost-share offer made after the CREP program expires.

ATCP 50.08(4)(d) (d) Paragraph (a) does not apply to land directly occupied by a facility or structure, such as a manure storage facility, that a landowner installs as part of the conservation practice.

ATCP 50.08(5) (5) Exemptions. The cost-sharing requirement under sub. (1) does not apply to any of the following:

ATCP 50.08(5)(a) (a) A conservation practice that has already been cost-shared for at least 10 years. This exemption does not apply to costs under sub. (3) (d).

ATCP 50.08(5)(b) (b) The following conservation practices if those practices have already been cost-shared for 4 years:

ATCP 50.08(5)(b)1. 1. Cover crops, as defined in s. ATCP 50.68 (1).

ATCP 50.08(5)(b)2. 2. Nutrient management, as defined in s. ATCP 50.78 (1).

ATCP 50.08(5)(b)3. 3. Residue management, as defined in s. ATCP 50.82 (1).

ATCP 50.08(5)(b)4. 4. Conservation crop rotation, as defined in s. ATCP 50.668 (1).

ATCP 50.08(5)(c) (c) Conservation practices or costs for which cost-sharing is prohibited under s. ATCP 50.40 (3) (b) or subch. VIII.

ATCP 50.08(5)(d) (d) Conservation practices or costs to correct a landowner’s criminal or grossly negligent discharge of pollutants to waters of the state.

ATCP 50.08(5)(e) (e) Conservation practices required by a WPDES permit issued under ch. NR 243.

ATCP 50.08(6) (6) Compliance actions not affected. Subsection (1) does not limit any of the following:

ATCP 50.08(6)(a) (a) An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.

ATCP 50.08(6)(b) (b) 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 50.08(6)(c) (c) Enforcement of an existing cost-share contract.

ATCP 50.08(7) (7) Cost-share grant sources. A grant from any public or private source, or combination of sources, may be counted as part of a cost-share grant under sub. (1). A loan is not a grant.

ATCP 50.08 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (5) (b) 6. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (intro.) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (3) (b), r. (3) (c), r. and recr. (5) (b) Register May 2024 No. 821, eff. 6-1-24; correction in (5) (b) 1. to 4. made under s. 35.17, Stats., Register May 2024 No. 821.

subch. III of ch. ATCP 50 Subchapter III — County Soil and Water Program

ATCP 50.10 ATCP 50.10 County program; general.

ATCP 50.10(1) (1) Program elements. Every county land conservation committee shall establish and maintain a county soil and water conservation program. The program shall include all of the following elements:

ATCP 50.10(1)(a) (a) A county land and water resource management plan under s. ATCP 50.12, and a program to implement that plan.

ATCP 50.10(1)(b) (b) A program to implement soil and water conservation standards.

ATCP 50.10(1)(c) (c) A program to prepare and submit annual reports under s. ATCP 50.18 and annual grant applications under s. ATCP 50.20.

ATCP 50.10(1)(d) (d) A program to receive, distribute, and account for soil and water resource management grants under this chapter.

ATCP 50.10(1)(e) (e) A procedure to ensure that conservation practices funded under this chapter are designed and installed according to this chapter.

ATCP 50.10(1)(f) (f) An accounting and recordkeeping system under s. ATCP 50.22.

ATCP 50.10(1)(g) (g) An information and education program to promote effective soil and water resource management.

ATCP 50.10(1)(h) (h) Other program elements, if any, required under this chapter.

ATCP 50.10(2) (2) Coordination. A county land conservation committee shall, to the extent practicable, coordinate the program elements under sub. (1) with each other and with the related activities of NRCS, state agencies, other county departments, and other governmental entities.

ATCP 50.10 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1) (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: consol (2) (intro.) and (b) and renum. to (2) and am., r. (2) (a) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.12 ATCP 50.12 Land and water resource management plan.

ATCP 50.12(1) (1) Requirement. A county land conservation committee shall prepare and submit, for department approval, a land and water resource management plan. The department shall approve the county plan before allocating any funds to the county under subch. IV.

ATCP 50.12(2) (2) Plan contents. A land and water resource management plan shall describe all of the following in reasonable detail:

ATCP 50.12(2)(a) (a) Water quality and soil erosion conditions throughout the county, including identification of the causes of water quality impairment and pollutant sources. The plan shall include water quality assessments for each watershed in the county if available from DNR.

ATCP 50.12(2)(b) (b) State and local regulations that the county will use to implement the county plan.

ATCP 50.12(2)(c) (c) Water quality objectives for each watershed, including any available pollutant load reduction targets, consistent with conditions identified in par. (a) if available from DNR.

ATCP 50.12(2)(d) (d) Key water quality and soil erosion problem areas consistent with conditions identified in par. (a).

ATCP 50.12(2)(e) (e) Conservation practices needed to address key water quality and soil erosion problems.

ATCP 50.12(2)(f) (f) A plan to identify priority farms and priority areas of resource concern in the county.

ATCP 50.12(2)(g) (g) County strategies to encourage voluntary implementation of conservation practices under s. ATCP 50.04. A county shall include information and education, cost-sharing and other financial assistance, and technical assistance needed to implement its plan.

ATCP 50.12(2)(h) (h) Compliance procedures, including notice, hearing, enforcement, and appeal procedures, that will apply if the county takes action against a landowner for failure to implement conservation practices required under this chapter, ch. NR 151, or related local regulations.

ATCP 50.12(2)(i) (i) The county’s multi-year workplan to achieve the objectives identified in par. (c) to implement the farm conservation practices under s. ATCP 50.04, and achieve compliance with performance standards under ch. NR 151. The plan shall identify priorities, benchmarks for performance, and expected costs.

ATCP 50.12(2)(j) (j) The measurable annual and multi-year benchmarks the county will utilize to periodically monitor and measure its progress in meeting performance targets and achieving plan goals and objectives under the workplan in par. (i).

ATCP 50.12(2)(jm) (jm) How a county will meet its responsibilities for monitoring conservation compliance of landowners claiming farmland preservation tax credits.

ATCP 50.12(2)(k) (k) How the county will provide information and education related to land and water conservation, including information related to farm conservation practices and cost-share funding.

ATCP 50.12(2)(L) (L) How the county will coordinate its land and water conservation program with federal, state, and local agencies.

ATCP 50.12 Note Note: The department and DNR will work with counties to develop more detailed guidelines and suggestions for county land and water resource management plans, but individual counties have some flexibility and discretion to propose plans that are appropriate for their local conditions.

ATCP 50.12(3) (3) Plan development. A county land conservation committee, when preparing a land and water resource management plan, shall do all of the following:

ATCP 50.12(3)(a) (a) Appoint and consult with a local advisory committee of interested persons that reflects a broad spectrum of public interests and perspectives. The committee could include affected farmers, landowners and businesses, nongovernmental organizations, and federal, state, local and tribal officials, or other county departments.

ATCP 50.12(3)(b) (b) Assemble relevant data, including relevant land use, natural resource, water quality, and soil data.

ATCP 50.12(3)(c) (c) Consult with DNR.

ATCP 50.12 Note Note: The county land conservation committee should normally consult with the appropriate DNR staff to obtain needed planning information, effectively address resource management concerns, and ensure that its plan incorporates elements that satisfy planning requirements under section 319 of the Clean Water Act.

ATCP 50.12(3)(d) (d) Assess resource conditions and identify problem areas.

ATCP 50.12(3)(e) (e) Establish and document priorities and objectives.

ATCP 50.12(3)(f) (f) Project available funding and resources.

ATCP 50.12(3)(g) (g) Establish and document a plan of action.

ATCP 50.12(3)(h) (h) Identify roles and responsibilities.

ATCP 50.12(4) (4) Public notice and hearing. Before a county land conservation committee submits a land and water resource management plan for department approval, the committee shall do all of the following:

ATCP 50.12(4)(a) (a) Hold at least one public hearing on the plan.

ATCP 50.12(4)(b) (b) Make a reasonable effort to notify landowners affected by committee findings under sub. (2) (d) and (e), and give them an opportunity to present information related to the accuracy of the committee’s findings.

ATCP 50.12(5) (5) Plan approval. The department shall review a county land and water resource management plan, and shall approve or disapprove the plan after consulting with the LWCB. The department shall review the plan based on the criteria identified in this section, s. ATCP 50.30 (3), and s. 92.10 (6), Stats. The secretary shall sign the order approving or disapproving the county plan. The department shall approve a plan for a specified period of time that shall not exceed 10 years, subject to conditions that the department specifies in the order. The department’s approval does not take effect if the county board does not approve the county plan.

ATCP 50.12(6) (6) Plan implementation. The department may review county implementation of an approved county land and water resource management plan. The department may consider information obtained in its review when it makes annual grant allocations to counties under subch. IV.

ATCP 50.12 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 10-122: am. (5) Register July 2011 No. 667, eff. 8-1-11; CR 13-016: am. (2) (a), (c), (g), (i), (j), cr. (2) (jm) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2) (a) to (d), (f), (g), (i), (3) (a) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.14 ATCP 50.14 County ordinances. A county may, by ordinance, require landowners to implement conservation practices required under s. ATCP 50.04. A county shall comply with applicable requirements under subch. VII.

ATCP 50.14 Note Note: See county authority under ss. 59.69, 59.692, 92.11, 92.15, 92.16, and 92.17, Stats. This section does not expand a county’s statutory authority. A county ordinance implementing conservation practices under s. ATCP 50.04 should be reasonably consistent with s. ATCP 50.04. A county livestock ordinance must comply with s. ATCP 50.60 and s. 92.15, Stats. DATCP may review and comment on a county ordinance (see ss. ATCP 50.12 and 50.54). Cost-sharing under a local ordinance must be at least equivalent to cost-sharing under s. ATCP 50.08 (see s. ATCP 50.54).

ATCP 50.14 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

ATCP 50.16 ATCP 50.16 Farmland preservation program; conservation standards compliance.

ATCP 50.16(1) (1) Compliance with standards required.