reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter II - Farmland Preservation Plans › Section ATCP 49.14 - Applying for certification of a plan or a plan amendment

Current through June 24, 2024
(1) GENERAL. A
				  county seeking certification of its farmland preservation plan or a plan
				  amendment shall submit an application to the department as provided in this
				  section.
(2) REQUIRED INFORMATION.
				  The application for certification shall include all of the following in order
				  to be considered complete and to be evaluated for compliance with s.
				  91.16,
				  Stats.:
(a) An application on a form
				  developed by the department that includes the information required under s.
				  91.20(2) and
				  (3), Stats.
Note:
You may obtain a copy of the form by
					 contacting the department at the following address:
Department of Agriculture, Trade and Consumer
					 Protection
Attn: Bureau of Land and Water Resource Management
P. O. Box 8911
Madison, WI 53708-8911
Website:
					 https://datcp.wi.gov/Documents/FPPPlanCertApplication.docx.
(b) All parts of the plan for which the
				  county is seeking certification. A county seeking certification of a full plan
				  shall submit the text and map of the plan along with the spatial location data
				  used to create the farmland preservation plan map. A county seeking
				  certification of an amendment to a certified plan shall submit all parts of the
				  plan affected by the amendment.
Note:
A county seeking certification of a plan
					 amendment only needs to submit those parts of the plan that are affected by the
					 amendment. If a county wishes to amend the text of its farmland preservation
					 plan, then the county may submit just the plan text. If a county wishes to
					 amend the plan map, then the county may submit just the plan map. If the
					 amendment makes changes to both the plan map and text, then the county should
					 submit both the map and the text.
(c) All spatial location data used to
				  delineate the farmland preservation areas proposed for certification, submitted
				  in accordance with department requirements on format.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.20 - General

Current through June 24, 2024
A political subdivision may adopt a farmland preservation
					 zoning ordinance. In order for the ordinance to be certified by the department
					 under s.
					 91.36,
					 Stats., the ordinance must meet the requirements of s.
					 91.38,
					 Stats., and this subchapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.22 - Permitted uses

Current through June 24, 2024
In addition to the uses listed under s.
					 91.44(1),
					 Stats., the following uses may be allowed as permitted uses in a certified
					 district:
(1) Existing residences.
				  Residences, regardless of occupancy, existing as of January 1, 2014, or an
				  earlier date specified by the ordinance, may be permitted.
Note:
Residences, which may or may not be
					 associated with a farm, that are constructed as of a date specified in the
					 zoning ordinance text may be allowed as permitted uses in the district. These
					 residences need not receive a conditional use permit unless the local
					 government decides to require it and they need not follow the prior
					 nonconforming use provisions found under s.
					 59.69(10),
					 60.61(5),
					 or
					 62.23(7)
					 (h), Stats., unless mandated by the local
					 government.
(2) Farm family
				  businesses.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.23 - Conditional uses

Current through June 24, 2024
In addition to the uses listed in s.
					 91.46, Stats.,
					 and s.
					 ATCP 49.22, a
					 proposed new single-family or duplex nonfarm dwelling may be allowed as a
					 conditional use in a certified farmland preservation district. The new nonfarm
					 dwelling is subject to legal restrictions established by the political
					 subdivision which demonstrate to the department's satisfaction that the
					 restrictions will be as restrictive as the density standards for nonfarm
					 residences set forth in s.
					 91.46(2),
					 Stats.
A political subdivision that chooses to allow limited
						nonfarm residences within the certified farmland preservation district may
						choose to implement the base farm tract concept defined in s.
						91.01(5),
						Stats., and applied through s.
						91.46(2) (c)
						1 and 2., Stats., or may utilize an
						alternative provision developed at the local level. The political subdivision
						must demonstrate to the Secretary that the local provision limits nonfarm
						development to the same extent or more as the state statutes so that the
						alternative policy would not allow for both additional nonfarm residences to be
						built and more nonfarm residential acreage to be introduced into the farmland
						preservation district. The political subdivision may choose to apply a density
						restriction to all parcels in the district regardless of whether the parcels
						qualify as farms under the definition of farm in the ordinance. The conditional
						use permit for a nonfarm residence is an optional provision that a political
						subdivision may choose to include in a farmland preservation zoning ordinance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.24 - Zoning ordinance certification expiration

Current through June 24, 2024
(1) CERTIFICATION
				  EXPIRATION. The certification of a farmland preservation zoning ordinance
				  expires on the date provided in the most recent certification of the ordinance
				  or its amendment, or, if the certification does not provide an expiration date,
				  on the date provided under s.
				  91.34,
				  Stats. If a local government with an expired ordinance does not obtain
				  certification of a farmland preservation zoning ordinance by December 31 of the
				  year following the expiration date, landowners covered by the zoning ordinance
				  are not eligible to claim farmland preservation tax credits beginning in the
				  year following the year of the expiration date.
Note:
If a farmland preservation zoning
					 ordinance expires on December 31, 2014, the political subdivision has until
					 December 31, 2015, to obtain certification of its ordinance by the department.
					 If the political subdivision`s ordinance is not certified by the department by
					 December 31, 2015, all landowners with land located in the farmland
					 preservation zoning district may not claim tax credits for tax year 2015. The
					 political subdivision is not precluded from seeking future certification of its
					 farmland preservation zoning ordinance.
(2) CERTIFICATION EXPIRATION EXTENSION. The
				  secretary may delay the expiration date of the certification of a farmland
				  preservation zoning ordinance for up to 2 years upon a written request from the
				  political subdivision demonstrating to the secretary's satisfaction that a
				  delay would allow the political subdivision to coordinate updating the farmland
				  preservation zoning ordinance with other planning efforts in the political
				  subdivision.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.25 - Certification standards

Current through June 24, 2024
(1) QUALIFYING FOR CERTIFICATION. The
				  department may certify a farmland preservation zoning ordinance under s.
				  91.36,
				  Stats., if that ordinance complies with the requirements in ss.
				  91.38
				  and
				  91.40,
				  Stats., and this subchapter.
(2)
				  CONSISTENCY WITH FARMLAND PRESERVATION PLAN. At least 80% of the area planned
				  for farmland preservation in each town, city, or village covered by a certified
				  farmland preservation plan shall be included in the farmland preservation
				  district or a district that imposes land use restrictions as restrictive as or
				  more restrictive than the farmland preservation zoning district. The department
				  may consider certifying a farmland preservation zoning ordinance that is
				  between 70% and 80% consistent with a farmland preservation plan if the
				  political subdivision can demonstrate to the secretary's satisfaction a
				  reasonable, objective justification for the lower level of
				  consistency.
If an area is planned for farmland preservation but is
						not zoned for farmland preservation, it may be zoned as open space or
						conservancy. Such a zoning designation would be consistent with farmland
						preservation. Areas that are zoned for nonagricultural residential, commercial,
						or industrial use, however, would not be consistent with farmland preservation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.26 - Applying for ordinance certification

Current through June 24, 2024
(1) GENERAL. Except
				  as provided under s. 91.36 (8),
				  Stats., and s.
				  ATCP
				  49.27, a political subdivision seeking certification
				  of its farmland preservation ordinance shall submit an application to the
				  department as provided in this section.
(2) REQUIRED INFORMATION. The application for
				  certification shall include all of the following in order to be considered
				  complete and evaluated for compliance with s.
				  91.36, Stats.:
(a) An application on a form developed by the
				  department that includes the information required under s.
				  91.40 (2),
				  Stats.
Note:
You may obtain a copy of the form by
					 contacting the department at the following address:
Department of Agriculture, Trade and Consumer
					 Protection
Attn: Bureau of Land and Water Resource Management
P. O. Box 8911
Madison, WI 53708-8911
Website:
https://datcp.wi.gov/Documents/OrdinanceApplicationForm.docx
(b) All parts of the zoning
				  ordinance affected by the farmland preservation district for which the
				  political subdivision is seeking certification.
(c) All spatial location data used to
				  delineate the farmland preservation zoning districts proposed for
				  certification, submitted in accordance with department requirements on
				  format.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.27 - Applying for certification of an ordinance amendment

Current through June 24, 2024
(1) An amendment to
				  a certified farmland preservation zoning ordinance is automatically considered
				  to be certified as part of the certified farmland preservation zoning
				  ordinance, except as provided in sub. (2).
Note:
A political subdivision may submit to
					 the department, at any time, an amendment to a certified farmland preservation
					 zoning ordinance, and request a written determination from the department as to
					 whether the amendment requires certification by the department.
(2) An amendment to a certified
				  farmland preservation zoning ordinance shall be submitted to the department for
				  certification review under s.
				  91.36,
				  Stats., and s.
				  ATCP
				  49.26, and is not considered to be automatically
				  certified, if the amendment does any of the following:
(a) Adds uses not previously allowed in the
				  farmland preservation district.
(b)
				  Eliminates findings or conditions that must be met before approving a use for a
				  location in the farmland preservation district.
(c) Increases the number of nonfarm
				  residences or the number of nonfarm acres allowed in the farmland preservation
				  district.
(d) Changes the findings
				  required for allowing a rezone out of a farmland preservation
				  district.
(e) Results in a farmland
				  preservation zoning ordinance map that no longer meets the requirements of s.
				  ATCP
				  49.25(2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter III - Farmland Preservation Zoning › Section ATCP 49.29 - Withdrawal of certification

Current through June 24, 2024
(1) Pursuant to s.
				  91.36(8)
				  (c), Stats., the department may by written
				  notice, without prior notice or hearing, withdraw certification of a farmland
				  preservation zoning ordinance under this section. The withdrawal is a summary
				  special order under ch. ATCP 1.
(2)
				  The secretary may withdraw certification under sub. (1) if any of the following
				  occur:
(a) The certification of a county
				  farmland preservation plan for the lands under the certified farmland
				  preservation zoning ordinance has expired.
(b) An amendment, adopted after July 1, 2009,
				  to a certified farmland preservation zoning ordinance fails to comply with the
				  requirements of s.
				  91.38,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter IV - Farmland Preservation Agreements › Section ATCP 49.30 - Farmland preservation agreements; denial of application

Current through June 24, 2024
The department may deny an application to enter into a
					 farmland preservation agreement if any of the following apply:
(1) The department determines that lands to
				  be excluded from the proposed agreement are being withheld for purposes that
				  conflict with the goals of the agricultural enterprise area program under s.
				  91.84,
				  Stats.
(2) The department
				  determines that lands to be excluded from the agreement are being withheld for
				  purposes that will likely impair or limit agricultural use on other lands in
				  the agricultural enterprise area or lands proposed for inclusion under a
				  farmland preservation agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter I - Definitions and General Provisions › Section ATCP 50.02 - Waivers

Current through June 24, 2024
The department may grant a written waiver from any
					 provision of this chapter if the department finds that the waiver is necessary
					 to achieve the objectives of this chapter. The secretary shall sign each waiver
					 under this section. The department may not waive a statutory
					 requirement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter II - Soil and Water Conservation on Farms › Section ATCP 50.06 - Installing conservation practices

Current through June 24, 2024
(1) GENERAL. A
				  landowner may use any of the following to comply with s.
				  ATCP
				  50.04, unless s.
				  ATCP
				  50.04 mandates a specific practice:
(a) Conservation practices identified in
				  subch. VIII or the NRCS field office technical guide.
(b) Other conservation practices that comply
				  with s.
				  ATCP
				  50.04.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter II - Soil and Water Conservation on Farms › Section ATCP 50.08 - Cost-sharing required

Current through June 24, 2024
(1) GENERAL. A landowner engaged in
				  agricultural practices in this state is not required to do any of the
				  following, under s.
				  ATCP
				  50.04, unless the landowner receives a bona fide offer
				  of cost-sharing:
(a) Discontinue or modify
				  cropping practices on existing cropland. In this paragraph, "existing cropland"
				  has the meaning given in s.
				  NR 151.09 (4)
				  (b).
(b) Discontinue or modify 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).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.10 - County program; general

Current through June 24, 2024
(1) PROGRAM ELEMENTS. Every county land
				  conservation committee shall establish and maintain a county soil and water
				  conservation program. The program shall include all of the following elements:
(a) A county land and water resource
				  management plan under s.
				  ATCP
				  50.12, and a program to implement that plan.
(b) A program to implement soil and water
				  conservation standards.
(c) A
				  program to prepare and submit annual reports under s.
				  ATCP
				  50.18 and annual grant applications under s.
				  ATCP
				  50.20.
(d)
				  A program to receive, distribute, and account for soil and water resource
				  management grants under this chapter.
(e) A procedure to ensure that conservation
				  practices funded under this chapter are designed and installed according to
				  this chapter.
(f) An accounting and
				  recordkeeping system under s.
				  ATCP
				  50.22.
(g)
				  An information and education program to promote effective soil and water
				  resource management.
(h) Other
				  program elements, if any, required under this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.14 - County ordinances

Current through June 24, 2024
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.
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).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.16 - Farmland preservation program; conservation standards compliance

Current through June 24, 2024
(1) COMPLIANCE
				  WITH STANDARDS REQUIRED.
(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.
(b)
				  In determining landowner compliance under this section, the land conservation
				  committee shall base its determination on all of the following:
1. Whether the entire farm operation owned by
				  the landowner is in compliance with all the applicable conservation
				  standards.
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.
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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.18 - Annual report

Current through June 24, 2024
(1) ANNUAL REPORT. By April 15 of each year,
				  a county land conservation committee shall file with the department a year-end
				  report for the preceding calendar year. The committee shall file the report on
				  a form provided by the department. The report shall identify all of the
				  following:
(a) The county's activities and
				  accomplishments related to soil and water resource management during the
				  preceding calendar year, including activities required or funded under this
				  chapter.
(b) The county's progress
				  toward the objectives identified in the county land and water resource
				  management plan under s.
				  ATCP
				  50.12, including whether the county's annual and
				  multi-year benchmarks have been met. The report shall identify key areas of
				  improvement, key compliance activities, and key remaining problem
				  areas.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.20 - Annual grant application

Current through June 24, 2024
By April 15 of each year, a county land conservation
					 committee shall file with the department its application for funding under this
					 chapter for the next calendar year. The application shall comply with s.
					 ATCP
					 50.26.
The department awards grants to counties according to
						subch. IV.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.22 - Accounting and recordkeeping

Current through June 24, 2024
A county land conservation committee, in consultation with
					 the county's chief financial officer, shall establish and maintain an
					 accounting and recordkeeping system. The accounting and recordkeeping system
					 shall do all of the following:
(1)
				  Fully and clearly account for the receipt, handling and disposition of all
				  funds that the committee receives under s.
				  92.14,
				  Stats., and this chapter.
(2)
				  Document county compliance with s.
				  92.14,
				  Stats., and this chapter, and each grant contract under this chapter.
(3) Include records required under s.
				  ATCP
				  50.32(9) related to annual staffing
				  grants.
(4) Include records
				  required under s.
				  ATCP
				  50.34(7) related to cost-share grants
				  for conservation practices.
(5)
				  Except as provided in this subchapter, retain originals of documents and forms
				  submitted to the department, and other records related to the grant award and
				  its administration including subcontracts and receipts, for a minimum of 3
				  years after the end of the year of the grant award.
See s.
						ATCP
						50.34(7) for additional
						guidance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter III - County Soil and Water Program › Section ATCP 50.24 - Department review

Current through June 24, 2024
The department may review the activities of a county land
					 conservation committee under this chapter. The department may do any of the
					 following in connection with its review:
(1) Require the committee to provide relevant
				  information requested by the department, including information from the
				  county's annual financial and compliance audit.
(2) Require the committee to discuss, with
				  the department, county compliance with this chapter.
(4) Inspect activities and practices funded
				  under this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.26 - Grant applications

Current through June 24, 2024
(1) ANNUAL APPLICATION. A county land
				  conservation committee shall apply to the department by April 15 of each year
				  on a form provided by the department by January 31st of each year, to obtain
				  funding under this chapter for the next calendar year. The application shall
				  comply with this section.
(2)
				  ANNUAL STAFFING GRANT. A county land conservation committee may request funding
				  for county staff and support, including funding for employees and independent
				  contractors who work for the county land conservation committee. The request
				  shall identify all of the following:
(a) The
				  activities for which the county seeks funding. These may include activities
				  under this chapter, ch. 91, Stats., and s.
				  93.90, Stats., CREP program
				  activities, and activities and projects funded by DNR under ss.
				  281.65 and
				  281.66, Stats.
(b) The amount of funding requested for
				  activities under par. (a), including staff salaries and fringe benefits,
				  contractor fees, training, and eligible support costs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.28 - Annual grant allocation plan

Current through June 24, 2024
(1) PLAN REQUIRED.
				  The department shall allocate grants under this chapter according to an annual
				  grant allocation plan. The secretary shall approve the grant allocation plan.
				  The plan shall specify, for the next calendar year, all of the following:
(a) The total amount available to the
				  department for possible allocation under the plan, including the subtotal
				  amount from each of the following sources:
1.
				  General purpose revenues appropriated under s.
				  20.115 (7) (c),
				  Stats.
2. Segregated fund revenues
				  appropriated under s.
				  20.115 (7)
				  (qd), Stats.
3. Bond revenues appropriated under s.
				  20.866 (2)
				  (we), Stats.
4. Other legislative
				  appropriations.
5. Gifts and grants
				  accepted under s. 92.05 (2) (a),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.32 - Annual staffing grants to counties

Current through June 24, 2024
(1) GENERAL. The
				  department shall award an annual staffing grant to the county land conservation
				  committee in each eligible county. With the department's written permission, a
				  county conservation committee may reallocate staffing grant funds to another
				  agency of the county, or to a city, village, town, county drainage board, lake
				  district, or tribe operating in the county.
(2) GRANT CONTRACT. The department shall
				  distribute an annual staffing grant under sub. (1) according to an annual grant
				  contract with the county. The contract shall comply with s.
				  ATCP
				  50.36 and shall include all of the following:
(a) The total grant amount under sub.
				  (1).
(b) The subtotal amount
				  allocated from each relevant fund source under s.
				  ATCP
				  50.28 (1) (a).
(c) Grant terms and conditions, including
				  conditions required under this section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.34 - Grants for conservation practices

Current through June 24, 2024
(1) GENERAL. The
				  department may award an annual grant to each eligible county to provide
				  financial assistance to landowners. The department shall award the grant to the
				  county land conservation committee. The committee may provide financial
				  assistance to landowners for conservation practices needed to comply with any
				  of the following:
(a) Section
				  ATCP
				  50.04.
(b)
				  State or local regulations identified in the county's land and water resource
				  management plan under s.
				  ATCP
				  50.12 (2) (b).
Note:
The committee may use funds for
					 recording fees and other related costs allowed under this chapter, but may not
					 award funds under this chapter to cover state or local permit fees.
(c) Objectives identified in the
				  county land and water resource management plan under s.
				  ATCP
				  50.12.
(d)
				  Any applicable requirements or provisions in ch. 92, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.35 - Grants for other services

Current through June 24, 2024
(1) Under s.
				  92.14(10),
				  Stats., the department may award a grant identified in the annual allocation
				  plan to any person for services and activities including information,
				  education, and training. The department shall enter into a grant contract with
				  the grant recipient for the payment of these grant funds. The contract shall
				  include relevant terms required under this section and ss.
				  ATCP
				  50.34 and
				  50.36, and appropriate restrictions
				  on reimbursement of costs.
(2) A
				  person applying for a grant under s.
				  92.14(10),
				  Stats., shall file a written grant application by April 15 of the year
				  preceding the year for which the department awards the grant. The grant
				  application shall include a proposed budget and supporting documentation. The
				  department may require a grant applicant to apply on a form provided by the
				  department.
(3) Contracts under
				  this section may be extended for a period of one year if all of the following
				  apply:
(a) The grant recipient submits a
				  written extension request by December 31 of the initial grant year, and
				  identifies how the unspent funds will be used in the subsequent grant year. The
				  department may, for good cause, accept an extension request filed between
				  December 31 of the initial grant year and February 15 of the subsequent grant
				  year.
(b) The grant is funded under
				  s.
				  20.115(7)
				  (qf), Stats., or other provisions authorizing
				  department expenditure of funds for grants other than the county staffing and
				  support grants under s.
				  ATCP
				  50.32.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter IV - Grants to Counties › Section ATCP 50.36 - Grant contracts

Current through June 24, 2024
(1) COUNTY GRANT CONTRACTS. The department
				  shall enter into an annual grant contract with a county land conservation
				  committee for the payment of grant funds awarded to the county. The county land
				  conservation committee shall approve the terms of the grant contract and any
				  amendment before the grant contract or amendment is signed on behalf of the
				  county. The contract shall include relevant terms required under this section
				  and ss.
				  ATCP
				  50.32,
				  50.34,
				  and, if applicable, s.
				  ATCP
				  50.35.
(2)
				  OTHER GRANT CONTRACTS.
(a) The department
				  shall enter into a grant contract with every grant recipient awarded a grant
				  under s. 92.14 (10),
				  Stats.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter V - Financial Assistance to Landowners › Section ATCP 50.38 - Financial assistance to landowners

Current through June 24, 2024
(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.
(c) The form of
				  financial assistance.
(d) The costs
				  for each conservation practice or conservation performance measure that will
				  receive financial assistance.
(e)
				  The rate of financial assistance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter V - Financial Assistance to Landowners › Section ATCP 50.40 - Cost-share grants to landowners

Current through June 24, 2024
(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).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter V - Financial Assistance to Landowners › Section ATCP 50.41 - Other forms of financial assistance

Current through June 24, 2024
(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:
(a) Incentive
				  payments.
(b) Performance
				  payments.
(c) Other payment types
				  authorized by or not prohibited under state law.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter V - Financial Assistance to Landowners › Section ATCP 50.42 - Maximum rates

Current through June 24, 2024
(1) MAXIMUM RATES.
(a) Except as provided under pars. (b) to
				  (e), financial assistance under this chapter may not exceed 70% of the total
				  eligible costs allowed under s.
				  ATCP
				  50.40 (4) to install and maintain the
				  conservation practice for the period specified in the grant contract. This
				  paragraph does not limit the use of financial assistance from other sources,
				  except when financial assistance provided under this chapter is combined with
				  other government funds or from programs authorized by the state of Wisconsin
				  the total funding from all government sources cannot exceed 100% of the project
				  costs.
(b) The maximum financial
				  assistance rate under par. (a) is 90% if there is an economic hardship under
				  sub. (4).
(bm) The economic
				  hardship provision under sub. (4) is available to owners and grant recipients
				  who operate farms and is not available to non-farmers.
(c) For cropping practices identified in sub.
				  (2), a county land conservation committee may pay up to the amount authorized
				  under this subsection or sub. (2), whichever is higher.
(d) For more than ½ acre of riparian
				  land taken out of agricultural production to install a conservation practice, a
				  county land conservation committee may pay a qualified landowner up to the
				  CREP-equivalent amount authorized in s.
				  ATCP
				  50.08 (4) if that amount exceeds the
				  relevant amount authorized under this subsection.
(dg) The cost-share payments for the
				  following conservation practices may not exceed 50% of the total eligible costs
				  to install and maintain the practice unless the landowner is required to
				  install the practice to achieve compliance with an agricultural performance
				  standard under ss.
				  NR
				  151.02 to
				  151.08,
				  in effect as of June 1, 2018:
1. Access roads
				  under s.
				  ATCP
				  50.65.
2.
				  Roof runoff systems under s.
				  ATCP
				  50.85.
3.
				  Streambank or shoreline protection under s.
				  ATCP
				  50.88.
4.
				  Stream crossing under s.
				  ATCP
				  50.885.
5.
				  Wetland development or restoration under s.
				  ATCP
				  50.98.
(dr) The cost-share payments for any
				  conservation practice installed on land owned by a local governmental unit may
				  not exceed 50% of the total eligible costs to install and maintain the
				  practice.
(e) A county land
				  conservation committee may provide cost-share funds, at the rate authorized
				  under this subsection, to replace a cost-shared conservation practice that is
				  damaged or destroyed by natural causes beyond the landowner's
				  control.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VI - Soil and Water Professionals › Section ATCP 50.46 - Conservation engineering practitioners

Current through June 24, 2024
(1) GENERAL.
(a) A conservation engineering practitioner
				  certified under this section, or approved under a parallel federal program
				  identified in par. (b), may implement the agricultural or other conservation
				  engineering practices in ch. 92, Stats., or s.
				  281.65, Stats., and perform any
				  of the following activities consistent with the person's level of certification
				  under this section:
1. Certify the design
				  specifications for a conservation engineering practice under sub.
				  (2).
2. Certify that a conservation
				  engineering practice under sub. (2) has been installed according to an approved
				  design, and according to applicable standards and specifications.
3. Engage in planning review and other
				  engineering functions related to the installation of engineered conservation
				  practices under sub. (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VI - Soil and Water Professionals › Section ATCP 50.48 - Nutrient management planners

Current through June 24, 2024
(1) QUALIFICATIONS.
				  To be qualified under ss.
				  281.65,
				  281.66, Stats., and this
				  chapter, a nutrient management planner shall be knowledgeable and competent in
				  all of the following areas:
(a) Compliance
				  with the NRCS conservation practice standard 590.
(b) Soil testing.
(c) Calculating nutrient needs on a
				  field-by-field basis.
(d) Crediting
				  manure, residual legume nitrogen, and other nutrient sources on a
				  field-by-field basis.
(e) Using
				  conservation plans.
(f) Relevant
				  laws related to nutrient management.
(g) Preparing nutrient management plans
				  according to s.
				  ATCP
				  50.04 (3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VI - Soil and Water Professionals › Section ATCP 50.50 - Soil and manure testing laboratories

Current through June 24, 2024
(1) CERTIFIED
				  LABORATORY. A nutrient management plan shall be based on soil tests conducted
				  at the University of Wisconsin or another soil testing laboratory certified by
				  the department. The department may certify a laboratory according to this
				  section.
(2) APPLYING FOR
				  CERTIFICATION. A laboratory operator may apply to the department for
				  certification under sub. (1). An operator shall submit a separate application,
				  on a form provided by the department, for each laboratory for which the
				  operator seeks certification. The application shall include all of the
				  following:
(a) The name of the laboratory
				  operator.
(b) The address of the
				  laboratory.
(c) The name and
				  telephone number of the individual who is responsible for on-site
				  administration of the laboratory.
(d) The soil tests, test methods, and
				  nitrogen estimation methods used by the laboratory. The laboratory shall be
				  capable of performing the following tests according to methods prescribed by
				  the University of Wisconsin-Extension in Nutrient Application Guidelines for
				  Field, Vegetable, and Fruit Crops in Wisconsin, UWEX Publication A2809 (2012),
				  and by the University of Wisconsin-Madison soil science department in
Wisconsin Procedures for Soil Testing, Plant Analysis and Feed &
				  Forage Analysis, Soil Fertility Series
(October, 2013) and shall be
				  capable of estimating nitrogen levels based on those tests:
1. Soil pH.
2. Buffer pH.
3. Phosphorus (P).
4. Potassium (K).
5. Organic matter (OM).
Note:
Copies of the Nutrient Application
					 Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin.
UWEX
					 Publication A2809
(2012) and the
Wisconsin Procedures for Soil
					 Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility
					 Series
(October, 2013) are on file at the department and legislative
					 reference bureau. To obtain a copy of the A2809, see s.
					 ATCP
					 50.04 (3) (f) 4. (note). Copies of
					 the Wisconsin Procedures publication are available at the University of
					 Wisconsin website at:
https://uwlab.soils.wisc.edu/about-us/lab-procedures-and-methods/
.
(e) Documentation
				  showing that the laboratory is qualified and equipped to perform accurate soil
				  tests and nitrogen estimates under par. (d).
(f) License conditions specified by the
				  department, including compliance with subs. (4) to (6).
(g) Other relevant information required by
				  the department.
Note:
The soil testing laboratory
					 certification form and the list of approved soil testing laboratories can be
					 found at the following web address:
https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 50 - Soil And Water Resource Management Program › Subchapter VI - Soil and Water Professionals › Section ATCP 50.52 - Training for county staff

Current through June 24, 2024
(1) ROLE OF THE
				  DEPARTMENT. The department, in consultation with the county land conservation
				  committees and the training advisory committee appointed under sub. (2), may do
				  any of the following to ensure adequate training of county land conservation
				  committee staff who administer programs under this chapter or s.
				  281.65, Stats.:
(a) Determine training needs and
				  priorities.
(b) Identify training
				  opportunities and resources.
(c)
				  Make training recommendations.
(d)
				  Approve training programs funded under this chapter.
(e) Coordinate the delivery of
				  training.
(f) Provide training and
				  assess fees to cover training costs.
(g) Issue training guidelines and
				  requirements for certified conservation engineering practitioners under s.
				  ATCP
				  50.46 (10).
(h) Distribute training funds to counties
				  under s.
				  ATCP
				  50.32.