Section ATCP 50.61 - General standards for practices receiving financial assistance; pre-approval of cost-shared practices(1) PRACTICES MUST COMPLY. Except as authorized under sub. (3), conservation practice standards and any other standards under this chapter, including any secondary standards incorporated by reference in those standards shall comply with applicable standards under this subchapter.(2) STANDARDS ADOPTED BY RULE. The department may not adopt, amend, or repeal standards under this subchapter, except by rule.(3) VOLUNTARY USE OF UPDATED TECHNICAL STANDARDS. The department may authorize a county to provide financial assistance for a conservation practice to be implemented under the updated version of a technical or conservation practice standard listed in this subchapter. The county may provide financial assistance for the conservation practice using the updated standard if all of the following apply: (a) The updated standard provides conservation benefits at least as beneficial as the version listed in this subchapter.(b) The updated standard has been adopted by NRCS, DNR, the department, or the applicable entity listed in this subchapter.(c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.(4) PRE-APPROVAL OF COST-SHARED PRACTICES. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:(a) Identify the practice for which pre-approval is required.(b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.(c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.61
CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (title), (1), cr. (3), (4) Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 23-024: am. (title), (1), (3) (intro.), (a), (b) Register May 28 No. 821, eff. 6/1/2024 The approval authorized under this subsection is in addition to the approval required under s. ATCP 50.40(8) for contracts exceeding $50,000 in cost-share payments.
The department may provide notice by email or by posting the information on its website.