Section ATCP 50.42 - Maximum rates(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 1/2 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.(2) CROPPING PRACTICES; MAXIMUM AMOUNTS. A county land conservation committee may pay up to the following amounts for the installation or maintenance of the following cropping practices:(a) For contour farming, $9 per acre per year.(b) For cover crops: 1. $60 per acre per year for single species where termination is required.2. $35 per acre per year for single species where termination is not required.3. $75 per acre per year for multi-species with two or more species.(c) For stripcropping, $13.50 per acre.(d) For residue management systems, no-till or strip till systems, $18.50 per acre per year.(e) For nutrient management, $10 per acre per year for new nutrient management plan development, and $5 per acre for a one-time nutrient management plan update prior to April 1, 2027 in areas impacted by the Silurian bedrock performance standards outlined in s. NR 151.075.(f) For conservation crop rotation, $10 per acre per year.(g) For harvestable buffers, annual per-acre financial assistance shall not exceed the average soil rental rate for the county set by the United States department of agriculture during the most recent sign-up for the Conservation Reserve Program. Note: For current soil rental rates, see USDA-Farm Service Agency Conservation Reserve Program statistics at www.fsa.usda.gov
(3) MAXIMUM GRANT TO RELOCATE ANIMAL FEEDING OPERATION. No cost-share grant to relocate an animal feeding operation may exceed 70% of the estimated cost to install a manure management system or related practices needed to resolve or prevent water quality problems at the abandoned site, or 70% of the eligible relocation costs at the new site, whichever site cost is less. Not more than $5,000 of the cost-share grant may be used to transport livestock from the abandoned site to the new site.(4) ECONOMIC HARDSHIP. A landowner of a farm operation qualifies for economic hardship treatment if all the following apply:(a) A certified public accountant or accredited financial institution certifies all the following to the county land conservation committee, based on a farm financial statement prepared according to generally accepted accounting principles: 1. The landowner is unable to make the cost-share contribution normally required of a landowner under sub. (1).2. The landowner will be able to pay the balance of the cost to install the cost-shared practice if the landowner receives cost-sharing at the economic hardship rate.(b) The landowner certifies, in a sworn affidavit to the county land conservation committee, that the landowner has provided to the certified public accountant or accredited financial institution under par. (a) a full and true disclosure of the landowner's financial condition, including a copy of the landowner's latest federal tax return. The landowner shall make the affidavit on a form provided by the department.(5) REVIEW OF ECONOMIC HARDSHIP DETERMINATION. The department may review of an economic hardship determination under sub. (4). The landowner and the person certifying the economic hardship shall make available for department inspection or copying, at the department's request, documents used to support the economic hardship determination. The department may invalidate a determination that fails to comply with standards under sub. (4).Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.42
CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (2) (b) to (d) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: cr. (1) (bm), (dg), (dr), am. (4) (intro.) Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 16-083: am. (2) (g) Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 23-024: am. (title), (1) (a), (b), (dg) (intro.), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (1) (title) made under s. 13.92 (4) (b) 2, Stats., correction in (2) (b) (intro.) made under s. 35.17, Stats., Register May 28 No. 821, eff. 6/1/2024The department will not copy records inspected under sub. (5) unless the department contests the validity of a determination under sub. (4) based on those records. If it becomes necessary for the department to copy records under sub. (5), the department will seek to protect those records from public disclosure.