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(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.

ATCP 50.40(14)(c)(c) Recording a contract which exceeds the amount in par. (a) is not required if the contract is only for conservation practices listed in s. ATCP 50.08 (5) (b).

ATCP 50.40(15)(a)(a) With the approval of the county land conservation committee, a landowner may personally install a cost-shared practice. The committee may give its approval if all of the following apply:

ATCP 50.40(15)(b)(b) If the value of a landowner’s installation or maintenance service is considered for cost-sharing purposes, the landowner shall submit a detailed invoice or cost-estimate for those services.

ATCP 50.40(16)(16) Cost containment. A county land conservation committee shall adopt one or more of the following cost containment procedures, or other procedures that are equally effective, when estimating and paying for a cost-shared practice:

ATCP 50.40(16)(a)(a) The committee may base cost-share grants on typical or maximum acceptable costs for the conservation practice, even if actual costs are higher.

ATCP 50.40(16)(b)(b) The committee may require competitive bidding, and may determine a cost-share grant amount based on low bid cost, regardless of whether the contracting landowner selects the low bidder. The committee may specify bidding procedures that it considers appropriate. The committee shall require competitive bidding if the cost-share contract may exceed $25,000.

ATCP 50.40(16)(c)(c) The committee may use its own employees or agents to design, construct, or install a cost-shared practice if, by doing so, it can minimize public costs related to the practice. The committee may charge the staff costs to its staffing grant award under s. ATCP 50.32, but not to its cost-share grant award under s. ATCP 50.34. If a county reallocates staffing grant funds to a city, village, town, county drainage board, lake district, or tribe with the department’s approval, that local government or tribe may use those staffing grant funds in the same manner.

ATCP 50.40(17)(17) Combined grants. Cost-share grants under this chapter may be combined with grants from other federal, state, local, and private sources. Except as restricted under s. ATCP 50.42 (1), department funds allocated under this chapter may be combined with DNR funds allocated under s. 281.65 or 281.66, Stats., to finance up to 70% of the total cost of a project, or up to 90% in cases of economic hardship under s. ATCP 50.42 (4). This subsection does not limit the use of cost-sharing or financial assistance from other sources, including other sources authorized under state law. A cost-share grant under this chapter may not reimburse a landowner for any costs that another governmental entity is also reimbursing.

ATCP 50.40(18)(18) Land taken out of agricultural production; easement. A cost-share contract to take land out of agricultural production may provide for a recorded easement to implement the contract. The easement shall be consistent with the cost-share contract, and the duration of the easement shall be consistent with the maintenance term specified in the cost-share contract. Before the landowner signs the cost-share contract, the county land conservation committee shall provide the landowner with the document that the landowner would sign to create the proposed easement. The county land conservation committee shall promptly record the easement document with the county register of deeds after the landowner signs that document.

ATCP 50.40 HistoryHistory: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 04-005: am. (9) (L) Register October 2004 No. 586, eff. 11-1-04; CR 13-016: cr. (2) (d), (3) (b) 12. to 14., am. (4), (7) (b), renum. (9) (c) (intro.) to (c), r. (9) (c) 1. to 3., am. (9) (d), renum. (9) (L) (intro.) to (L), r. (9) (L) 1. to 3., am. (9) (n), (10) (b), (11) (b) (intro.), 2., 3., r. (14) (a) to (c), renum. (14) (intro.) to (14) (a) and am., cr. (14) (b) to (d), am. (17) Register February 2014 No. 698, eff. 5-1-14; CR16-083: am. (3) (b) 13., cr. (11) (b) 4. Register January 2018 No. 745, eff. 2-1-18; CR 23-024: renum. (1) (a) to (1), r. (1) (b), am. (10) (b), r. (11) (b) 4., cr. (11) (b) 5., (14) (e), am. (17), r. (19) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.41(1)(1) Other forms of financial assistance. Counties may use funds granted under ss. ATCP 50.34 and 50.35 to provide other forms of financial assistance to landowners, including any of the following:

ATCP 50.41(2)(b)(b) Costs that will exceed 70% of the total cost of a project, or up to 90% in the cases of economic hardship for installation of a practice. This does not limit the use of financial assistance from other non-governmental sources.