Chapter ATCP 50

ATCP 50.34(4) (4) Use of bond revenues.

ATCP 50.34(4)(a) (a) Bond revenue funds awarded under sub. (1) may be used for the following purposes, subject to par. (b) and the grant contract:

ATCP 50.34(4)(a)1. 1. To finance conservation practices identified in subch. VIII, except that bond revenue funds may not be used to finance practices identified in s. ATCP 50.67, 50.68, 50.78, 50.79, 50.82, or 50.89.

ATCP 50.34(4)(a)2. 2. To finance engineering services provided in connection with a conservation practice for which bond revenues may be used under subd. 1.

ATCP 50.34(4)(b) (b) The department may not use bond revenue funds to reimburse a county for services provided by county employees, or by independent contractors working for the county.

ATCP 50.34(5) (5) Unspent funds. The department may not use grant funds awarded to a county under sub. (1) to reimburse the county for costs that the county incurs after December 31 of the grant year, or pays after January 31 of the following year. Unspent funds remain with the department, for distribution under a future year’s allocation plan.

ATCP 50.34(5m) (5m) Inter-county transfers. The department may approve an agreement between counties to transfer uncommitted grant funds if all of the following apply:

ATCP 50.34(5m)(a) (a) The grant funds subject to the transfer were not previously extended by the transferring county.

ATCP 50.34(5m)(b) (b) The county transferring the grant funds certifies to the department that it has an uncommitted portion of its allocation equal to or greater than the transfer amount, and has approval of its land conservation committee to make these funds available for transfer.

ATCP 50.34(5m)(c) (c) The county receiving the grant funds has made a commitment to use the transferred funds on one or more specific projects, and has the approval of its land conservation committee to accept the transferred funds for cost-sharing on the specific projects.

ATCP 50.34(5m)(d) (d) The counties apply for the transfer of grant funds on a form provided by the department. The department may require any information on the form reasonably necessary for the department to approve the transfer of funds.

ATCP 50.34(5m)(e) (e) The grant funds being transferred were not part of their staffing allocation.

ATCP 50.34(6) (6) Extensions.

ATCP 50.34(6)(a) (a) If a grant under sub. (1) funds a landowner contract that is signed by December 31 of the grant year but not completed by December 31 of that year, the department may extend funding for that contract in the next year’s grant allocation to the county if all of the following apply:

ATCP 50.34(6)(a)1. 1. The county properly contracts with the landowner by December 31 of the initial grant year.

ATCP 50.34(6)(a)2. 2. The landowner has not taken any action in violation of the contract.

ATCP 50.34(6)(a)3. 3. The county land conservation committee files with the department, by December 31 of the initial grant year, a written request that identifies the projects for which the extended funds will be used, and the total funds to be extended. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.

ATCP 50.34(6)(a)4. 4. The department has not previously extended funding for the same contract from one grant year to another.

ATCP 50.34(6)(b) (b) A county may transfer a funding extension under par. (a) from one landowner cost-share contract to another provided that the department approves an extension of both projects. Extended funds may not be used on new cost-share contracts.

ATCP 50.34(7) (7) County records.

ATCP 50.34(7)(a) (a) A county land conservation committee shall keep all of the following records related to grants under sub. (1):

ATCP 50.34(7)(a)1. 1. Copies of all county contracts with landowners, including any provisions related to operation and maintenance of installed practices.

ATCP 50.34(7)(a)2. 2. Documentary proof of all information that the county land conservation committee certifies to the department under this section.

ATCP 50.34(7)(a)3. 3. Documentation of all county receipts and payments under this section.

ATCP 50.34(7)(a)4. 4. Other records needed to document county compliance with this section and the grant contract.

ATCP 50.34(7)(b) (b) A county land conservation committee shall retain records under par. (a) for at least 3 years after the committee makes its last payment to the landowner, or for the duration of the maintenance period required for the conservation practice under subch. VIII, whichever is longer. The committee shall make the records available to the department and grant auditors upon request.

ATCP 50.34 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (6) (a) (intro.) and 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (b), cr. (1) (d), am. (3) (a), (d), cr. (5m), am. (6) (a) 3., (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (1), (3) (intro.), (a), (c), (d), (4) (a) 1., 2., (5m) (intro.), (b) to (d), cr. (5m) (e), am. (6) (a) (intro.), 2., 3., (b), (7) (a) 1., (b) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (c) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.35 ATCP 50.35 Grants for other services.

ATCP 50.35(1) (1) Under s. 92.14 (10), Stats., the department may award a grant identified in the annual allocation plan to any person for services and activities including information, education, and training. The department shall enter into a grant contract with the grant recipient for the payment of these grant funds. The contract shall include relevant terms required under this section and ss. ATCP 50.34 and 50.36, and appropriate restrictions on reimbursement of costs.

ATCP 50.35(2) (2) A person applying for a grant under s. 92.14 (10), Stats., shall file a written grant application by April 15 of the year preceding the year for which the department awards the grant. The grant application shall include a proposed budget and supporting documentation. The department may require a grant applicant to apply on a form provided by the department.

ATCP 50.35(3) (3) Contracts under this section may be extended for a period of one year if all of the following apply:

ATCP 50.35(3)(a) (a) The grant recipient submits a written extension request by December 31 of the initial grant year, and identifies how the unspent funds will be used in the subsequent grant year. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.

ATCP 50.35(3)(b) (b) The grant is funded under s. 20.115 (7) (qf), Stats., or other provisions authorizing department expenditure of funds for grants other than the county staffing and support grants under s. ATCP 50.32.

ATCP 50.35(4) (4) If a county is awarded a grant under this section, it shall do all of the following:

ATCP 50.35(4)(a) (a) Use the grant funds only for work specified in the grant contract required under sub. (1) and not for any work the county is authorized to perform under s. 92.14 (3) (a) through (f), Stats.

ATCP 50.35(4)(b) (b) Develop and implement county procedures to ensure that the county seeks reimbursement under this grant contract only for work authorized under this grant contract under sub. (1), and does not seek reimbursement under this grant contract for work performed under any other grant contract.

ATCP 50.35(5) (5) Except as provided in this subchapter, a grant recipient under this section shall retain all records and forms related to the grant award and its administration, including original subcontracts, if any, and receipts for disbursements for a minimum of 3 years after the end of the year of the grant award.

ATCP 50.35 History History: CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14.

ATCP 50.36 ATCP 50.36 Grant contracts.

ATCP 50.36(1) (1) County grant contracts. The department shall enter into an annual grant contract with a county land conservation committee for the payment of grant funds awarded to the county. The county land conservation committee shall approve the terms of the grant contract and any amendment before the grant contract or amendment is signed on behalf of the county. The contract shall include relevant terms required under this section and ss. ATCP 50.32, 50.34, and, if applicable, s. ATCP 50.35.

ATCP 50.36(2) (2) Other grant contracts.

ATCP 50.36(2)(a) (a) The department shall enter into a grant contract with every grant recipient awarded a grant under s. 92.14 (10), Stats.

ATCP 50.36(2)(b) (b) A grant contract under par. (a) shall conform to the grant allocation plan under s. ATCP 50.28. The contract shall specify grant terms and conditions, including terms required under this chapter. The contract shall specify the products and services that the grant recipient is expected to deliver.

ATCP 50.36(3) (3) Breach of contract.

ATCP 50.36(3)(a) (a) The department may withhold or demand return of grant payments if the department finds that the grant recipient has violated this chapter or breached its grant contract with the department.

ATCP 50.36(3)(b) (b) The department may seek other administrative or judicial sanctions, as appropriate.

ATCP 50.36(3)(c) (c) A grant recipient may appeal an administrative sanction under this section to the extent provided under ch. 227, Stats.

ATCP 50.36(4) (4) Contract contingent on legislative appropriations. Grant payments to a county land conservation committee or other grant recipient under this chapter are contingent on the continued availability of legislative appropriations to fund those payments.

ATCP 50.36 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (1), (2) (a) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: renum. (3) to (3) (a), cr. (3) (b), (c) Register May 2024 No. 821, eff. 6-1-24; correction in (1) made under s. 35.17, Stats., Register May 2024 No. 821.

subch. V of ch. ATCP 50 Subchapter V — Financial Assistance to Landowners

ATCP 50.38 ATCP 50.38 Financial assistance to landowners.

ATCP 50.38(1) (1) A county land conservation committee may use grant funds awarded to the county under s. ATCP 50.34 or 50.35 to provide financial assistance to landowners.

ATCP 50.38(2) (2) A county land conservation committee’s authority to acquire and distribute grant funds from other sources is not restricted by this subchapter.

ATCP 50.38(3) (3) A county land conservation committee may determine all the following, subject to this chapter:

ATCP 50.38(3)(a) (a) The landowners who will receive financial assistance.

ATCP 50.38(3)(b) (b) The conservation practices that will be eligible for financial assistance.

ATCP 50.38(3)(c) (c) The form of financial assistance.

ATCP 50.38(3)(d) (d) The costs for each conservation practice or conservation performance measure that will receive financial assistance.

ATCP 50.38(3)(e) (e) The rate of financial assistance.

ATCP 50.38(4) (4) No county employee or land conservation committee member may:

ATCP 50.38(4)(a) (a) Take any official action substantially affecting a matter which the individual, a member of their immediate family, or an organization with which the individual is associated has a substantial financial interest.

ATCP 50.38(4)(b) (b) Use their office or position in a way that produces or assists in the production of substantial benefit, direct or indirect, for the individual, one or more members of the individual’s immediate family either separately or together, or an organization with which the individual is associated.

ATCP 50.38 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.40 ATCP 50.40 Cost-share grants to landowners.

ATCP 50.40(1) (1) General. A county land conservation committee may use grant funds awarded to the county under s. ATCP 50.34 to make cost-share grants to landowners for any of the purposes authorized under s. ATCP 50.34 (1). Cost-share grants shall comply with this subchapter.

ATCP 50.40 Note Note: This subchapter regulates a county’s use of grant funds awarded under s. ATCP 50.34. It does not limit a county’s authority to acquire and distribute cost-share grant funds from other governmental or private entities.

ATCP 50.40(2) (2) Cost-sharing required.

ATCP 50.40(2)(a) (a) A county may not do any of the following, under this chapter or a local regulation, unless the county land conservation committee first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08:

ATCP 50.40(2)(a)1. 1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, “existing cropland” has the meaning given in s. NR 151.09 (4) (b).

ATCP 50.40(2)(a)2. 2. Require a conservation practice that discontinues or modifies 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 50.40(2)(b) (b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.

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(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(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.