Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify cropping practices on "existing cropland" in order to comply with a DNR performance standard. Other cropland must comply with relevant DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
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Land qualifies as "existing cropland" if it was being cropped on the effective date of the relevant DNR performance standard, and has never complied with that performance standard since that date.
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If cropland
complies
with a DNR performance standard after that standard takes effect, it no longer qualifies as "existing cropland" for cost-share purposes under that performance standard. If the cropland later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
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Land not cropped on the effective date of a DNR performance standard, but returned to cropping at a later date, may qualify as "existing cropland" if it is returned to cropping within 10 years after cropping was halted.
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Cropland enrolled in a federal conservation program on October 1, 2002, qualifies as "existing cropland" when it comes out of the federal program unless the cropland is re-enrolled.
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A landowner may be
eligible
for cost-sharing, even if the landowner is not
entitled
to cost-sharing under par. (a). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
Microsoft Windows NT 6.1.7601 Service Pack 1
Under DNR rules, a landowner is normally entitled to cost-sharing if the landowner is required to discontinue or modify an "existing" livestock facility or operation in order to comply with a DNR performance standard. Other livestock facilities and operations must comply with DNR performance standards, regardless of the availability of cost-sharing. Under DNR rules:
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A livestock facility or operation qualifies as an "existing" facility or operation if it existed on the effective date of the DNR performance standard, and has never complied with that performance standard since that date.
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If a livestock facility or operation
complies
with a DNR performance standard after that standard takes effect,
it no longer qualifies as an "existing" facility or operation for cost-share purposes under that performance standard. If the facility or operation later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing.
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A livestock facility that existed but held no livestock on the effective date of a DNR performance standard may qualify as an "existing" facility if it is restocked within 5 years after livestock were last present.
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If a landowner voluntarily expands or alters a livestock facility after the effective date of a DNR performance standard, the newly constructed portion of the facility will not qualify as an "existing" facility for cost-share purposes under that performance standard. (There are limited exceptions.)
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A landowner may be
eligible
for cost-sharing, even if the landowner is not
entitled
to cost-sharing under par. (b). A county has considerable discretion in its use of DATCP cost-share funds, subject to this chapter. See subch. V of this chapter.
Microsoft Windows NT 6.1.7601 Service Pack 1
See ss.
92.07 (2)
,
92.15 (4)
and
281.16 (3) (e)
, Stats. Subsection (1) requires a bona fide offer of cost-sharing, not necessarily an acceptance. A county may impose a reasonable deadline by which a landowner must accept or reject the county's bona fide cost-share offer under sub. (1). See s.
ATCP 50.54 (2)
related to cost-sharing for conservation practices required under a county or local ordinance.
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The minimum cost-share requirement under subs. (1) and (2) does
not
apply if a landowner
voluntarily
installs a cost-shared practice. In a voluntary transaction, the county is free to negotiate a grant amount with a landowner (up to the
maximum
amounts provided in s.
ATCP 50.42
). But if a county
requires
a landowner to install a conservation practice, the county must comply with applicable cost-share requirements under subs. (1) and (2). The cost-share grant may come from one or more sources, as provided under sub. (7).
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If the practice is not being installed to achieve compliance with an agricultural performance standard, the minimum cost-share requirement also does
not
apply. See s.
ATCP 50.42 (1)
.
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If a county requires a landowner to install a conservation practice that changes an "existing" agricultural operation, the county must offer cost-sharing. If the cost-shared practice is a capital improvement, the landowner must agree to maintain it for at least 10 years. The cost-share contract must pay the required minimum share of the landowner's cost under sub. (3). If the landowner must take more than
½
acre out of production, the landowner's cost includes the cost of taking that land out of production.
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After the contract maintenance period has expired, the landowner may resume production in the affected area unless the parties enter into a new cost-share contract to keep the land out of production (see sub. (5) (a)). The parties may negotiate the term of each contract, as long as each contract specifies a maintenance term of at least 10 years. If the landowner wishes to take advantage of the CREP-equivalent payment for riparian land under sub. (4), the landowner must agree to keep the land out of production for at least 15 years, or in perpetuity.
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The United States department of agriculture, farm service agency, has determined the weighted average soil rental rate for each county, on form CRP-2. See s.
ATCP 50.01 (39)
.
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Land is not taken "out of agricultural production," for purposes of sub. (3), if the landowner is free to use it for pasture, hay production,
and
cropping subject to residue management (see s.
ATCP 50.01 (14)
).
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The CREP program is the combined state-federal conservation reserve enhancement program administered by the department and the United States department of agriculture (see ATCP 50.01 (7)). Under the CREP program, lands are enrolled for 15 years or in perpetuity. Lands enrolled in perpetuity are subject to a permanent conservation easement.
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Land is not taken "out of agricultural production," for purposes of sub. (4) if the landowner is free to use it for pasture, hay production,
and
cropping subject to residue management (see s.
ATCP 50.01 (14)
).
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For example, if a county has already paid a landowner to install and maintain a manure storage system for at least 10 years (see s.
ATCP 50.62 (5) (f)
), the county may require the landowner to maintain the facility in subsequent years without further cost-sharing. The county has the burden of showing that it has already paid the landowner.
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The rule is different if the county requires a landowner to take more than
½
acre of land out of agricultural production in order to install or maintain a conservation practice. Even if a county has
already paid
a landowner to install and maintain that conservation practice for at least 10 years, the county must
continue
to provide cost-share funds for lost production if the county
requires
the landowner to keep the land out of production in subsequent years. Land is not taken "out of agricultural production", for cost-share purposes, if the landowner is free to use it for pasture, hay production,
and
cropping subject to residue management (see s.
ATCP 50.01 (14)
).
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For example, if a county has already paid a landowner to implement nutrient management for at least 4 years, the county may require the landowner to comply with state nutrient management standards in subsequent years without further cost-sharing. The same holds true for other "soft" practices under par. (b) if those practices are needed to meet the conservation standards under s.
ATCP 50.04
. The county has the burden of showing that it has already paid the landowner to maintain the conservation practice for at least 4 years.
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