Wisconsin Legislature: subch. III of ch. ATCP 50

(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:

(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).

(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).

(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).

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

(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).

(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.

(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.

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

(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.

(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.

(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.

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

(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).

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

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

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

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

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

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

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

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

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

(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).

(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.

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.

Subchapter III — County Soil and Water Program

ATCP 50.10 County program; general.

(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:

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

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

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

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

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

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

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

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

(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.

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 Land and water resource management plan.

(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.

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

(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.

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

(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.

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

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

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

(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.

(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.

(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.

(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).

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

(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.

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

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.

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

(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.

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

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.

(d) Assess resource conditions and identify problem areas.

(e) Establish and document priorities and objectives.

(f) Project available funding and resources.

(g) Establish and document a plan of action.

(h) Identify roles and responsibilities.

(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:

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

(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.

(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.

(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.

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 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.

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).

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

ATCP 50.16 Farmland preservation program; conservation standards compliance.

(1) Compliance with standards required.

(a) Except as provided in pars. (d) and (e) and sub. (2), a landowner claiming farmland preservation tax credits shall comply with the standards and practices in s. ATCP 50.04.

(b) In determining landowner compliance under this section, the land conservation committee shall base its determination on all of the following:

1. Whether the entire farm operation owned by the landowner is in compliance with all the applicable conservation standards.

2. Whether a review of available documentation at the county demonstrates the entire farm operation owned by the landowner has no significant discharge from an animal lot, feed storage, manure storage, or other livestock structure on the farm.

3. Whether a review of available documentation at the county demonstrates the entire farm operation owned by the landowner has implemented a nutrient management plan in compliance with the nutrient management standard in s. ATCP 50.04 (3) for all land where a plan is required on the farm.

(c) Once determined to be in compliance with the nutrient management standard in s. ATCP 50.04 (3), a landowner shall remain in compliance with the nutrient management standard on the entire farm operation owned by the landowner. If a landowner increases acres of cropland or pasture by acquiring new land or converting acres to these uses, the landowner remains in compliance by updating the farm’s nutrient management plan within one year to incorporate the additional cropland or pasture acres.

(d) A landowner claiming farmland preservation tax credits shall comply with the pasture requirement in ss. NR 151.02, 151.03, 151.04, and 151.055, beginning on January 1, 2016.

(e) A landowner claiming farmland preservation tax credits shall comply with the Silurian bedrock performance standard in s. NR 151.075, where applicable, beginning on April 1, 2027.

(2) Exceptions; farmland preservation agreements.