ATCP 50.40(9)(i) (i) Applicable conditions required under this section.

ATCP 50.40(9)(j) (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.

ATCP 50.40(9)(k) (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.

ATCP 50.40(9)(L) (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.

ATCP 50.40(9)(m) (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.

ATCP 50.40(9)(n) (n) Appropriate pre-approval procedures for making any construction changes that may affect the terms or amount of the cost-share grant.

ATCP 50.40(9)(o) (o) Other terms or conditions specified by the county land conservation committee.

ATCP 50.40(10) (10) Design and installation. A cost-shared practice shall be all of the following:

ATCP 50.40(10)(a) (a) Designed and installed according to subch. VIII and the cost-share contract.

ATCP 50.40(10)(b) (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.

ATCP 50.40 Note 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.

ATCP 50.40(11) (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:

ATCP 50.40(11)(a) (a) That the landowner has made, for that cost-shared practice, all payments for which the landowner is responsible under the cost-share contract.

ATCP 50.40(11)(b) (b) That the cost-shared practice is designed and installed according to sub. (10). If the cost-shared practice is a conservation engineering practice identified under s. ATCP 50.46 (2), one of the following shall certify in writing that the practice complies with sub. (10):

ATCP 50.40(11)(b)1. 1. A professional engineer registered under ch. 443, Stats.

ATCP 50.40(11)(b)2. 2. A conservation engineering practitioner certified under s. ATCP 50.46.

ATCP 50.40(11)(b)3. 3. A well driller or pump installer registered under s. 280.15, Stats., if the conservation engineering practice consists of well construction or decommissioning.

ATCP 50.40(11)(b)5. 5. An architect registered under ch. 443, Stats., if the conservation engineering practice consists of a roof structure.

ATCP 50.40(11)(c) (c) That the landowner’s nutrient management plan complies with s. ATCP 50.04 (3), if the cost-shared practice includes a nutrient management plan.

ATCP 50.40(12) (12) Partial payments. A county land conservation committee may make partial payments for completed portions of a cost-shared practice if all of the following apply:

ATCP 50.40(12)(a) (a) The committee documents, for that completed portion, the information required under sub. (11).

ATCP 50.40(12)(b) (b) The completed portion provides independent conservation benefits.

ATCP 50.40(12)(c) (c) The committee distributes no more than 90% of the total cost-share grant in partial payments.

ATCP 50.40(13) (13) Payment recipients. A county land conservation committee shall make cost-share payments to the contracting landowner, except that the committee may do any of the following:

ATCP 50.40(13)(a) (a) Make cost-share payments by multi-party check payable to the landowner and any contractors who designed or installed a cost-shared practice for the landowner, if the landowner or any of the contractors asks the committee to do so.

ATCP 50.40(13)(b) (b) Make a cost-share payment to an assignee whom the landowner designates in writing.

ATCP 50.40(14) (14) Recording contracts with register of deeds.

ATCP 50.40(14)(a) (a) If a county contract with a landowner exceeds $14,000, the county or the landowner shall record the contract with the county register of deeds before the county makes any cost-share payment to the landowner.

ATCP 50.40(14)(b) (b) If recording is required under this subsection, the county shall record the cost-share contract before making any reimbursement payments to the landowner or grant recipient.