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.