Chapter ATCP 50

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.

ATCP 50.16(1)(a) (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.

ATCP 50.16(1)(b) (b) In determining landowner compliance under this section, the land conservation committee shall base its determination on all of the following:

ATCP 50.16(1)(b)1. 1. Whether the entire farm operation owned by the landowner is in compliance with all the applicable conservation standards.

ATCP 50.16(1)(b)2. 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.

ATCP 50.16(1)(b)3. 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.

ATCP 50.16(1)(c) (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.

ATCP 50.16(1)(d) (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.

ATCP 50.16(1)(e) (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.

ATCP 50.16(2) (2) Exceptions; farmland preservation agreements.

ATCP 50.16(2)(a) (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.

ATCP 50.16(2)(b) (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.

ATCP 50.16(2)(c) (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.

ATCP 50.16(2)(d) (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).

ATCP 50.16(3) (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:

ATCP 50.16(3)(a) (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.

ATCP 50.16(3)(b) (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.

ATCP 50.16(3)(c) (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.

ATCP 50.16(3)(d) (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.

ATCP 50.16(4) (4) Certificate of compliance.

ATCP 50.16(4)(a) (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.

ATCP 50.16(4)(b) (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.

ATCP 50.16(4)(c) (c) A certificate of compliance may be amended or modified to reflect changes in ownership or a landowner’s status.

ATCP 50.16(5) (5) Monitoring compliance.

ATCP 50.16(5)(a) (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.

ATCP 50.16(5)(b) (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:

ATCP 50.16(5)(b)1. 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.

ATCP 50.16(5)(b)2. 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).

ATCP 50.16(5)(c) (c) A county land conservation committee may conduct other activities the committee deems appropriate for monitoring compliance, including any of the following:

ATCP 50.16(5)(c)1. 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.

ATCP 50.16(5)(c)2. 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.

ATCP 50.16(5)(d) (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.

ATCP 50.16(6) (6) Notice of noncompliance.

ATCP 50.16(6)(a) (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:

ATCP 50.16(6)(a)1. 1. Failed to comply with applicable standards under sub. (1) or (2).

ATCP 50.16(6)(a)2. 2. Failed to comply with a performance schedule under sub. (3).

ATCP 50.16(6)(a)3. 3. Failed to permit a reasonable inspection under sub. (5) (a).

ATCP 50.16(6)(a)4. 4. Failed to certify compliance in response to a committee request under sub. (5) (b).

ATCP 50.16(6)(a)5. 5. Stated an intent to voluntarily refrain from collecting tax credits under subch. IX of ch. 71, Stats., and to waive the right to a hearing and farm inspection.

ATCP 50.16(6)(b) (b) A county land conservation committee shall issue a notice of noncompliance under par. (a) on the form provided by the department. Upon issuance of the notice, the landowner is ineligible to claim farmland preservation tax credits beginning in the year the notice of noncompliance is issued until such time as the county land conservation committee withdraws the notice of noncompliance under par. (d). The notice shall disclose all of the following:

ATCP 50.16(6)(b)1. 1. The nature of the violation.

ATCP 50.16(6)(b)2. 2. That the landowner may not claim farmland preservation tax credits under subch. IX of ch. 71, Stats., unless the landowner corrects the violation.

ATCP 50.16(6)(b)3. 3. That the landowner may meet with the county land conservation committee to contest or discuss the violation.

ATCP 50.16(6)(c) (c) The county land conservation committee shall issue a copy of a notice under par. (a) to all of the following:

ATCP 50.16(6)(c)1. 1. The state of Wisconsin department of revenue.

ATCP 50.16(6)(c)2. 2. The county planning and zoning committee if the land is covered by a farmland preservation zoning ordinance.

ATCP 50.16(6)(c)3. 3. The landowner.

ATCP 50.16(6)(c)4. 4. The department.

ATCP 50.16(6)(d) (d) A county land conservation committee may, at any time, withdraw a notice of noncompliance issued under par. (a). The committee shall issue a notice of withdrawal on the form approved by the department. The committee shall give notice of the withdrawal to any agency under par. (c) that received a copy of the notice of noncompliance. A notice of withdrawal issued under this paragraph demonstrates that a landowner has been found in compliance with this section.

ATCP 50.16 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: r. and recr. (title), (1) to (5), am. (6) (a) 1., 2., cr. (6) (a) 5., am. (6) (b) 1., (c) (intro.), 2., (d) Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (3) (a) (intro.), 2. to 4., r. (3) (b), am. (4), (6) (b) (intro.), cr. (6) (c) 3., 4., am. (6) (d) Register January 2018 No. 745, eff. 2-1-18; renum. (3) (a) to (3) (intro.) under s. 13.92 (4) (b) 1., Stats., correction in (6) (b) (intro.) made under s. 35.17, Stats., Register January 2018 No. 745; CR 23-024: am. (1) (a), cr. (1) (e), (2) (d), am. (3) (d) Register May 2024 No. 821, eff. 6-1-24; correction in (1) (a) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.18 ATCP 50.18 Annual report.