Wisconsin Legislature: ATCP 50.12(2)(k)

(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.

(a) Except as required under par. (b), sub. (1) does not apply to landowners under a farmland preservation agreement entered into prior to July 1, 2009. Landowners with these agreements claiming farmland preservation tax credits under ss. 71.57 to 71.61, Stats., shall comply with the standards, specified in the agreement, on the land specified in the agreement, as required in ss. 92.104 and 92.105, 2007 Stats.

(b) Landowners who entered into, or modified, a farmland preservation agreement between July 1, 2009, and May 1, 2014, pursuant to the provisions in s. 91.60 (1) or (3) (c), Stats., shall comply with the soil and water conservation standards in effect at the time the agreement was entered into or modified.

(c) Landowners who enter into, or modify, a farmland preservation agreement after May 1, 2014, shall comply with the soil and water conservation standards in effect at the time the agreement was entered into or modified, and shall be required, under the terms of that agreement, to comply with the pasture requirement in s. NR 151.02, and ss. NR 151.03, 151.04, and 151.055, beginning January 1, 2016.

(d) Landowners who enter into, or modify, a farmland preservation agreement after April 1, 2027, shall comply with the soil and water conservation standards in effect at the time the agreement was entered into or modified, and shall be required, under the terms of that agreement, to comply with the Silurian bedrock performance standard in s. NR 151.075, where applicable. Landowners who entered into, or were successors of a farmland preservation agreement, signed or modified before April 1, 2027, who also claim the farmland preservation tax credit under zoning shall comply with sub. (1) (e).

(3) Performance schedule. A county land conservation committee may enter into a written performance schedule with a landowner to obtain compliance with new standards under s. ATCP 50.04 if all of the following apply:

(a) The performance schedule, including amendments or extensions, does not allow the landowner more than 5 years, from the time the landowner is informed of their compliance obligations, to achieve compliance with all applicable conservation standards.

(b) The landowner agrees in writing to achieve compliance with the standards required under sub. (1) according to a specific schedule for completing the work.

(c) Every performance schedule shall include a notice that landowners are responsible for determining their eligibility to receive a farmland preservation tax credit independent of the landowner’s commitment to implement the conservation practices set forth in the performance schedule.

(d) The land conservation committee approves the performance schedule, including the required practices and the time allowed to achieve compliance. The land conservation committee may establish shorter periods to achieve compliance than the 5 year maximum allowed under this subsection. A landowner is considered to be implementing the landowner’s performance schedule if the landowner is making reasonable progress in installing the required practices and is taking other appropriate actions in the time frame identified by the land conservation committee in the performance schedule to achieve compliance.

(4) Certificate of compliance.

(a) The county land conservation committee shall issue a certificate of compliance to a landowner claiming tax credits under s. 71.613, Stats., if the landowner meets the soil and water conservation standards as required by s. 91.80, Stats., and this section. The certificate shall be issued on the form provided by the department.

(b) A certificate establishing a landowner’s compliance with s. 91.80, Stats., and this section remains in effect and valid until the county land conservation committee issues a notice of noncompliance under sub. (6) or the ownership of the covered land is transferred.

(5) Monitoring compliance.

(a) A county land conservation committee shall monitor a landowner’s compliance with applicable conservation standards promulgated by the department under ss. 92.05 (3) (c) and (k), 92.14 (8), and 281.16 (3) (b) and (c), Stats.

(b) A county land conservation committee shall inspect at least once every 4 years each farm for which the owner claims farmland preservation tax credits. At a minimum, an inspection shall include all of the following:

1. A site visit or other reliable assessment method to determine whether the entire farm owned by the landowner has significant discharges from an animal lot, feed storage, manure storage, or other livestock structure on the farm.

2. A review of the owner’s records to determine whether the farmer is implementing a nutrient management plan in compliance with s. ATCP 50.04 (2) and (3).

(c) A county land conservation committee may conduct other activities the committee deems appropriate for monitoring compliance, including any of the following:

1. A county land conservation committee may ask a landowner to certify, on an annual or less frequent basis, that the landowner is complying with the applicable conservation standards under sub. (1) or (2) and any performance schedule under sub. (3). A landowner shall certify compliance on a form provided by the committee.

2. A county land conservation committee may inspect farm sites and review documents and records to determine compliance with applicable land and water conservation standards.

(d) A land conservation committee shall maintain adequate documentation of county monitoring efforts and inspection activities, on a form or set of forms provided by the land conservation committee, to enable the department to perform the review required under s. 91.82 (1) (d), Stats., of the county land conservation committee’s monitoring required under this subsection.

(6) Notice of noncompliance.

(a) A county land conservation committee shall issue a written notice of noncompliance to a landowner if the committee finds that the landowner has done any of the following:

1. Failed to comply with applicable standards under sub. (1) or (2).

2. Failed to comply with a performance schedule under sub. (3).

3. Failed to permit a reasonable inspection under sub. (5) (a).