Section ATCP 50.40 - Cost-share grants to landowners(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).(b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.(c) Paragraph (a) does not limit any of the following:1. An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.2. County action under s. ATCP 50.16 (6) to suspend a landowner's eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).3. The enforcement of an existing cost-share contract.(d) Paragraph (a) does not apply to requirements imposed on a livestock facility operator in connection with a local approval or permit issued pursuant to s. 93.90, Stats., and ch. ATCP 51.(3) COST-SHARED PRACTICES.(a) A cost-share grant may fund conservation practices identified under subch. VIII, or other conservation practices that the department approves in writing, regardless of whether those conservation practices are required or voluntary.(b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch. VIII: 1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.2. Correct overtopping of a manure storage facility.4. Drain wetlands, as defined in s. 23.32, Stats.5. Increase drainage of land.6. Dredge a harbor, lake, river, or drainage ditch.7. Prevent or clean up spills of pesticides, fertilizers, or other agricultural chemicals from commercial bulk storage facilities.8. Grow or harvest trees.9. Install, operate, or repair a septic system.10. Install or modify a flood control structure.11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner's expense.12. Pay for the installation of a practice on land owned by the state of Wisconsin.13. Bring a permittee into compliance with standards required under a WPDES permit under chs. 281 and 283, Stats.14. Pay for any state or local administrative permit fees.(4) ELIGIBLE COSTS. A cost-share grant may pay for relevant costs identified in s. ATCP 50.08 (3) and (4), regardless of whether cost-sharing is required under sub. (2) or s. ATCP 50.08. A cost-share grant may pay for the costs incurred by a county or landowner in recording, with the county register of deeds, any cost-share contract, whether or not recording is required under s. ATCP 50.40 (14). A cost-share grant may not pay for ineligible costs identified under sub. (3) (b) or subch. VIII.(5) COST-EFFECTIVE PRACTICES. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following: (a) The predicted conservation benefits of the practice.(b) The minimum practice needed to achieve the conservation objective.(c) The cost of the practice compared to feasible and effective alternatives.(d) The practical effects of the practice on the agricultural operation.(6) MAXIMUM COST-SHARE RATES AND AMOUNTS. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in s. ATCP 50.42.(7) ENGINEERING SERVICES.(a) A cost-share grant may include funding for engineering services needed to do any of the following: 1. Design a cost-shared practice.2. Supervise the installation of a cost-shared practice.3. Certify that a cost-shared practice has been properly installed.(b) A cost-share grant may reimburse the cost of engineering services under par. (a) provided by a professional engineer registered under ch. 443, Stats., or a conservation engineering practitioner certified at the applicable rating under s. ATCP 50.46. A cost-share grant may not reimburse the cost of engineering services provided by the county land conservation committee or its agent.(c) Funding for engineering services under par. (a) may not exceed the lesser of the following: 1. 70% of the actual cost of the engineering services.2. 15% of the total eligible cost of the cost-shared practice, exclusive of engineering costs.(8) COST-SHARE CONTRACT. A county land conservation committee shall enter into a written contract with every landowner to whom the committee awards a cost-share grant. The department shall approve, in writing, any cost-share contract that provides for more than $50,000 in cost-share payments.(9) CONTRACT TERMS. A cost-share contract under sub. (8) shall include all of the following: (a) The landowner's name and address.(b) The purpose for the cost-share grant.(c) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost-share payments may exceed $14,000.(d) Specifications for the cost-shared practice, including engineering specifications for any conservation engineering practice identified under s. ATCP 50.46 (2).(e) The total estimated cost of the cost-shared practice. The total cost may include the cost to install the practice and the cost to maintain the practice for the period of time specified in the contract. Costs may include any applicable costs under sub. (4). A county shall use applicable cost containment procedures under sub. (16) when determining the estimated cost.(f) The cost-share rate or amount. The cost-share rate or amount may not exceed the rate or amount allowed under s. ATCP 50.42.(g) The amount, if any, that the county land conservation committee will pay for engineering services under sub. (7).(h) A timetable for constructing and installing the cost-shared practice.(i) Applicable conditions required under this section.(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.(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.(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.(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.(n) Appropriate pre-approval procedures for making any construction changes that may affect the terms or amount of the cost-share grant.(o) Other terms or conditions specified by the county land conservation committee.(10) DESIGN AND INSTALLATION. A cost-shared practice shall be all of the following: (a) Designed and installed according to subch. VIII and the cost-share contract.(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. 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.
(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: (a) That the landowner has made, for that cost-shared practice, all payments for which the landowner is responsible under the cost-share contract.(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): 1. A professional engineer registered under ch. 443, Stats.2. A conservation engineering practitioner certified under s. ATCP 50.46.3. A well driller or pump installer registered under s. 280.15, Stats., if the conservation engineering practice consists of well construction or decommissioning.5. An architect registered under ch. 443, Stats., if the conservation engineering practice consists of a roof structure.(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.(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: (a) The committee documents, for that completed portion, the information required under sub. (11).(b) The completed portion provides independent conservation benefits.(c) The committee distributes no more than 90% of the total cost-share grant in partial payments.(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: (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.(b) Make a cost-share payment to an assignee whom the landowner designates in writing.(14) RECORDING CONTRACTS WITH REGISTER OF DEEDS.(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.(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.(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).(d) A county may choose to voluntarily record any contract in which cost-share payments under this chapter were awarded.(e) Cost-share funds can be used to record any contract authorized under this chapter.(15) LANDOWNER INSTALLATION AND MAINTENANCE.(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:1. The landowner is competent to install the practice.2. The landowner can install the practice at least as cheaply as other available contractors.3. The landowner submits a qualified bid if the committee requires bidding under sub. (16) (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.(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: (a) The committee may base cost-share grants on typical or maximum acceptable costs for the conservation practice, even if actual costs are higher.(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.(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.(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.(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.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.40
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.Amended by, CR16-083: am. (3) (b) 13., cr. (11) (b) 4. Register January 2018 No. 745, eff. 2/1/2018Amended by, 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 28 No. 821, eff. 6/1/2024