ATCP 50.60(2)(a)1.1. Submit a copy of the regulation to the department and DNR.
ATCP 50.60(2)(a)2.2. Identify the provisions of the regulation for which the local governmental unit seeks approval.
ATCP 50.60(2)(a)3.3. Submit documentation showing why the identified provisions are needed to achieve compliance with water quality standards, and why compliance cannot be achieved by less stringent provisions.
ATCP 50.60(2)(b)(b) Within 90 days after the department receives a complete application under par. (a), the department shall grant or deny the requested approval. Before the department grants or denies the application, the department shall solicit a recommendation from DNR. The department shall issue its decision in writing, and shall state the reasons for its decision.
ATCP 50.60(2)(c)(c) The department may approve a provision identified under par. (a) 2. if the department finds that the provision is necessary to achieve compliance with water quality standards under s. 281.15, Stats., and that compliance cannot reasonably be achieved by less restrictive means.
ATCP 50.60(2)(d)(d) The department may not review or approve individual permits or permit conditions under this subsection, except that the department may review standard permit conditions that are codified in a local regulation. The department may approve those codified conditions if they meet the standard for approval under par. (c).
ATCP 50.60 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.
subch. VIII of ch. ATCP 50Subchapter VIII — Standards for Practices Receiving Financial Assistance
Subch. VIII of ch. ATCP 50 NoteNote: For information on how to obtain NRCS conservation practice standards and any other standards required under this subchapter, including any secondary standards incorporated by reference in those standards, a person may visit the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx, or contact the department in writing at the following address:
Subch. VIII of ch. ATCP 50 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Subch. VIII of ch. ATCP 50 NoteDivision of Agricultural Resource Management
Subch. VIII of ch. ATCP 50 NoteP.O. Box 8911
Subch. VIII of ch. ATCP 50 NoteMadison, WI 53708-8911
ATCP 50.61ATCP 50.61General standards for practices receiving financial assistance; pre-approval of cost-shared practices.
ATCP 50.61(1)(1)Practices must comply. Except as authorized under sub. (3), conservation practice standards and any other standards under this chapter, including any secondary standards incorporated by reference in those standards shall comply with applicable standards under this subchapter.
ATCP 50.61(2)(2)Standards adopted by rule. The department may not adopt, amend, or repeal standards under this subchapter, except by rule.
ATCP 50.61(3)(3)Voluntary use of updated technical standards. The department may authorize a county to provide financial assistance for a conservation practice to be implemented under the updated version of a technical or conservation practice standard listed in this subchapter. The county may provide financial assistance for the conservation practice using the updated standard if all of the following apply:
ATCP 50.61(3)(a)(a) The updated standard provides conservation benefits at least as beneficial as the version listed in this subchapter.
ATCP 50.61(3)(b)(b) The updated standard has been adopted by NRCS, DNR, the department, or the applicable entity listed in this subchapter.
ATCP 50.61(3)(c)(c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.
ATCP 50.61(4)(4)Pre-approval of cost-shared practices. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:
ATCP 50.61(4)(a)(a) Identify the practice for which pre-approval is required.
ATCP 50.61(4)(b)(b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.
ATCP 50.61(4)(c)(c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.
ATCP 50.61 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (title), (1), cr. (3), (4) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (title), (1), (3) (intro.), (a), (b) Register May 2024 No. 821, eff. 6-1-24.
ATCP 50.618ATCP 50.618Technical standards development process.
ATCP 50.618(1)(1)The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed.
ATCP 50.618(2)(2) The department may decide that the following is necessary to implement a performance standard:
ATCP 50.618(2)(a)(a) Develop a new technical standard for which the department will be the custodian.