Wisconsin Administrative Code

ATCP 48.45 Landowner rights. Subchapter VII — Drainage District Records and Financial Management

ATCP 48.46 Records required.

ATCP 48.48 Care and inspection of records. Subchapter VIII — Enforcement and Variances

ATCP 48.49 Financial management.

ATCP 48.50 Investigations.

ATCP 48.52 Compliance orders.

ATCP 48.54 Hearing on compliance order.

ATCP 48.56 Variances. Subchapter IX — Grants to County Drainage Boards

ATCP 48.60 Grants to county drainage boards. Subchapter I — Definitions ATCP 48.01 Definitions. In this chapter: (1) XAgricultural landsY means lands in agricultural use as provided under s. 91.01 (1), Stats. (2) XBase flowY means the normal flow of water not associated with rain…

ATCP 49.01 Definitions. Subchapter II — Farmland Preservation Plans

ATCP 49.10 Farmland preservation plan certification.

ATCP 49.12 Certification standards.

ATCP 49.14 Applying for certification of a plan or a plan amendment. ATCP 49.22 ATCP 49.23 ATCP 49.24 ATCP 49.25 ATCP 49.26 ATCP 49.27 ATCP 49.29 Subchapter III — Farmland Preservation Zoning

ATCP 49.20 General. Subchapter IV ] Farmland Preservation Agreements

ATCP 49.22 Permitted uses. 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 spec…

ATCP 49.23 Conditional uses. 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 le…

ATCP 49.24 Zoning ordinance certification expiration. (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 pro…

ATCP 49.25 Certification standards. (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 …

ATCP 49.26 Applying for ordinance certification. (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 s…

ATCP 49.27 Applying for certification of an ordinance amendment. (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). Not…

ATCP 49.29 Withdrawal of certification. (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 orde…

ATCP 49.30 Farmland preservation agreements; denial of application. Note: This chapter implements Wisconsin[s farmland preservation program under ch. 91, Stats. The purposes of the farmland preservation program are to preserve agricultural lands, to promote soil and water conserv…

ATCP 50.01 Definitions. In this chapter: (1) XAgricultural practiceY means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising ATCP 50.618 ATCP 50.62 ATCP 50.63 ATCP 50.64 ATC…

ATCP 50.02 Waivers. 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…

ATCP 50.04 Farm conservation practices. Except as provided in s. ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices: (1) NONPOINT SOURCE POLLUTION CONTROL. A landowner shall implement conservation practices…

ATCP 50.06 Installing conservation practices. (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) …

ATCP 50.08 Cost-sharing required. (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 practice…

ATCP 50.10 County program; general. (1) PROEvery 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. AT…

ATCP 50.12 Land and water resource management plan. (1) REQUIREMENT. A county land conservation committee shall prepare and submit, for department approval, a land and water resource management plan. The department shall approve the county plan before allocating any funds to the …

ATCP 50.14 County ordinances. 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. Note: See county authority under ss. 59.69, 59.692, 92.11, 92.15, 92…

ATCP 50.16 Farmland preservation program; conservation standards compliance. (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 50.18 Annual report. (1) ANNUAL REPORT. By April 15 of each year, a county land conservation committee shall 8 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 sha…

ATCP 50.20 Annual grant application. 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.

ATCP 50.22 Accounting and recordkeeping. 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…

ATCP 50.24 Department review. 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 …

ATCP 50.26 Grant applications. (1) ANNUAL APPLIA 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 appli…

ATCP 50.28 Annual grant allocation plan. (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 …

ATCP 50.30 Grant priorities. When preparing an annual grant allocation plan under s. ATCP 50.28, the department shall consider all of the following: (1) COUNTY PRIORITIES. The department shall give high priority to maintaining county staff and project continuity. The de- 10 partm…

ATCP 50.32 Annual staffing grants to counties. (1) GENERAL. The department shall award an annual staffing grant to the county land conservation committee in each eligible the chapter was last published. 11 AGRICULTURE, TRADE AND CONSUMER PROTECTION county. With the department[s w…

ATCP 50.34 Grants for conservation practices. (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 fin…

ATCP 50.35 Grants for other services. (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 contr…

ATCP 50.36 Grant contracts. (1) COUNTY GRANT 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 contra…

ATCP 50.38 Financial assistance to landowners. (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 distri…

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 costshare grants to landowners for any of the purposes authorized under s. ATCP 50.34 (1). Cost-share grants shall c…

ATCP 50.41 Other forms of financial assistance. (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) Perform…

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 spec…

ATCP 50.46 Conservation engineering practitioners. (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 practice…

ATCP 50.48 Nutrient management planners. (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 st…

ATCP 50.50 Soil and manure testing laboratories. (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 acco…

ATCP 50.52 Training for county staff. (1) ROLE OF 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 committ…