Wisconsin Legislature: ATCP 50.40(2)(c)

(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.

(3) Breach of contract.

(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.

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

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

(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.

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.

Subchapter V — Financial Assistance to Landowners

ATCP 50.38 Financial assistance to landowners.

(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.

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

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

(a) The landowners who will receive financial assistance.

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

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

(e) The rate of financial assistance.

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

(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.

(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.

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

ATCP 50.40 Cost-share grants to landowners.

(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.

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.

(2) Cost-sharing required.

(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:

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).

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).

(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.

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

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).

3. The enforcement of an existing cost-share contract.

(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.

(3) Cost-shared practices.

(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.

(b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch. VIII:

1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.

2. Correct overtopping of a manure storage facility.

3. Move a manure stack.

4. Drain wetlands, as defined in s. 23.32, Stats.

5. Increase drainage of land.

6. Dredge a harbor, lake, river, or drainage ditch.

7. Prevent or clean up spills of pesticides, fertilizers, or other agricultural chemicals from commercial bulk storage facilities.

8. Grow or harvest trees.

9. Install, operate, or repair a septic system.

10. Install or modify a flood control structure.

11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner’s expense.

12. Pay for the installation of a practice on land owned by the state of Wisconsin.

13. Bring a permittee into compliance with standards required under a WPDES permit under chs. 281 and 283, Stats.

14. Pay for any state or local administrative permit fees.

(4) Eligible costs. A cost-share grant may pay for relevant costs identified in s. ATCP 50.08 (3) and (4), regardless of whether cost-sharing is required under sub. (2) or s. ATCP 50.08. A cost-share grant may pay for the costs incurred by a county or landowner in recording, with the county register of deeds, any cost-share contract, whether or not recording is required under s. ATCP 50.40 (14). A cost-share grant may not pay for ineligible costs identified under sub. (3) (b) or subch. VIII.

(5) Cost-effective practices. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following:

(a) The predicted conservation benefits of the practice.

(b) The minimum practice needed to achieve the conservation objective.

(d) The practical effects of the practice on the agricultural operation.

(6) Maximum cost-share rates and amounts. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in s. ATCP 50.42.

(7) Engineering services.

(a) A cost-share grant may include funding for engineering services needed to do any of the following:

1. Design a cost-shared practice.

2. Supervise the installation of a cost-shared practice.

3. Certify that a cost-shared practice has been properly installed.

(b) A cost-share grant may reimburse the cost of engineering services under par. (a) provided by a professional engineer registered under ch. 443, Stats., or a conservation engineering practitioner certified at the applicable rating under s. ATCP 50.46. A cost-share grant may not reimburse the cost of engineering services provided by the county land conservation committee or its agent.

1. 70% of the actual cost of the engineering services.

2. 15% of the total eligible cost of the cost-shared practice, exclusive of engineering costs.

(8) Cost-share contract. A county land conservation committee shall enter into a written contract with every landowner to whom the committee awards a cost-share grant. The department shall approve, in writing, any cost-share contract that provides for more than $50,000 in cost-share payments.

(9) Contract terms. A cost-share contract under sub. (8) shall include all of the following:

(a) The landowner’s name and address.

(b) The purpose for the cost-share grant.

(c) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost-share payments may exceed $14,000.

(d) Specifications for the cost-shared practice, including engineering specifications for any conservation engineering practice identified under s. ATCP 50.46 (2).

(e) The total estimated cost of the cost-shared practice. The total cost may include the cost to install the practice and the cost to maintain the practice for the period of time specified in the contract. Costs may include any applicable costs under sub. (4). A county shall use applicable cost containment procedures under sub. (16) when determining the estimated cost.

(f) The cost-share rate or amount. The cost-share rate or amount may not exceed the rate or amount allowed under s. ATCP 50.42.

(g) The amount, if any, that the county land conservation committee will pay for engineering services under sub. (7).

(h) A timetable for constructing and installing the cost-shared practice.

(i) Applicable conditions required under this section.

(j) The period of time for which the landowner agrees to maintain the cost-shared practice in return for the cost-share grant. The landowner shall agree to maintain the cost-shared practice for at least the period of time required under subch. VIII, or replace it with an equally effective practice. The landowner shall refrain, during the maintenance period, from any action that may reduce the effectiveness of the cost-shared practice.

(k) An agreement that the landowner will repay the full amount of the cost-share grant immediately, upon demand by the county land conservation committee, if the landowner fails to operate and maintain the cost-shared practice according to the contract.

(L) If the contract provides for a cost-share grant that exceeds $14,000, an agreement that the contract runs with the land and is binding on subsequent owners or users of the land for the period of time required under subch. VIII.

(m) Provisions authorizing the county land conservation committee to stop work or withhold cost-share grant payments if the committee finds that the landowner has breached the contract.

(n) Appropriate pre-approval procedures for making any construction changes that may affect the terms or amount of the cost-share grant.

(o) Other terms or conditions specified by the county land conservation committee.

(10) Design and installation. A cost-shared practice shall be all of the following:

(a) Designed and installed according to subch. VIII and the cost-share contract.

(b) Installed in compliance with applicable construction site erosion control standards contained in the DNR Storm Water Construction Technical Standards, in effect on June 1, 2018.

Note: A copy of these technical standards can be found at the DNR website at: http://dnr.wi.gov/topic/stormwater/standards/index.html. Copies of these technical standards are also on file with the department and the legislative reference bureau.

(11) Payment conditions met. Before a county land conservation committee pays for any cost-shared practice, or requests any cost-share reimbursement from the department under s. ATCP 50.34 (3), the committee shall document all of the following: