Section 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 county under subch. IV .

(2)   Plan contents. A land and water resource management plan shall describe all of the following in reasonable detail:

(a) Water quality and soil erosion conditions throughout the county, including identification of the causes of water quality impairment and pollutant sources. The plan shall include water quality assessments for each watershed in the county available from DNR, if any.

(b) State and local regulations that the county will use to implement the county plan. The department may require the county to provide copies of relevant local regulations, as necessary, and may comment on those regulations.

(c) Water quality objectives for each watershed, including any available pollutant load reduction targets, consistent with conditions identified in par. (a) . The county shall consult with DNR to determine water quality objectives and to identify pollutant load reduction targets.

(d) Key water quality and soil erosion problem areas. The county land conservation committee shall identify key water quality problem areas in consultation with DNR.

(e) Conservation practices needed to address key water quality and soil erosion problems.

(f) A plan to identify priority farms in the county.

(g) County strategies to encourage voluntary implementation of conservation practices under s. ATCP 50.04 . A county shall estimate the amount of information and education, cost-sharing and other financial assistance, and technical assistance needed to implement its plan.

(h) Compliance procedures, including notice, hearing, enforcement, and appeal procedures, that will apply if the county takes action against a landowner for failure to implement conservation practices required under this chapter, ch. NR 151 , or related local regulations.

(i) The county's multi-year workplan to implement the farm conservation practices under s. ATCP 50.04 , and achieve compliance with performance standards under ch. NR 151 . The plan shall identify priorities, benchmarks for performance, and expected costs, including an estimate of costs to implement conservation practices to achieve the objectives identified in par. (c) .

(j) The measurable annual and multi-year benchmarks the county will utilize to periodically monitor and measure its progress in meeting performance targets and achieving plan goals and objectives under the workplan in par. (i) .

(jm) How a county will meet its responsibilities for monitoring conservation compliance of landowners claiming farmland preservation tax credits.

(k) How the county will provide information and education related to land and water conservation, including information related to farm conservation practices and cost-share funding.

(L) How the county will coordinate its land and water conservation program with federal, state, and local agencies.

(3)   Plan development. A county land conservation committee, when preparing a land and water resource management plan, shall do all of the following:

(a) Appoint and consult with a local advisory committee of interested persons.

(b) Assemble relevant data, including relevant land use, natural resource, water quality, and soil data.

(c) Consult with DNR.

(d) Assess resource conditions and identify problem areas.

(e) Establish and document priorities and objectives.

(f) Project available funding and resources.

(g) Establish and document a plan of action.

(h) Identify roles and responsibilities.

(4)   Public notice and hearing. Before a county land conservation committee submits a land and water resource management plan for department approval, the committee shall do all of the following:

(a) Hold at least one public hearing on the plan.

(b) Make a reasonable effort to notify landowners affected by committee findings under sub. (2) (d) and (e) , and give them an opportunity to present information related to the accuracy of the committee's findings.

(5)   Plan approval. The department shall review a county land and water resource management plan, and shall approve or disapprove the plan after consulting with the LWCB. The department shall review the plan based on the criteria identified in this section, s. ATCP 50.30 (3) , and s. 92.10 (6) , Stats. The secretary shall sign the order approving or disapproving the county plan. The department shall approve a plan for a specified period of time that shall not exceed 10 years, subject to conditions that the department specifies in the order. The department's approval does not take effect if the county board does not approve the county plan.

(6)   Plan implementation. The department may review county implementation of an approved county land and water resource management plan. The department may consider information obtained in its review when it makes annual grant allocations to counties under subch. IV .

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 10-122 : am. (5) Register July 2011 No. 667 , eff. 8-1-11; CR 13-016 : am. (2) (a), (c), (g), (i), (j), cr. (2) (jm) Register February 2014 No. 698 , eff. 5-1-14.

Note

See state rules under chs. ATCP 48 , ATCP 50 , NR 151 , and NR 243 . Microsoft Windows NT 6.1.7601 Service Pack 1 The identification of priority farms may vary between counties, depending on local conditions, strategies, and information. A county should focus on identifying or working with the following farms, or other categories of farms that the county identifies in its plan: Microsoft Windows NT 6.1.7601 Service Pack 1 • Farms subject to a DNR notice of intent under s. 281.2 0, Stats., or notice of discharge under ch. 28 3, Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 • Farms located in watersheds draining to waters that DNR has listed pursuant to 33 USC 131 3. This is also known as the "303(d) list of impaired waters." Microsoft Windows NT 6.1.7601 Service Pack 1 • Farms that have large numbers of livestock, or significant problems with manure management. Microsoft Windows NT 6.1.7601 Service Pack 1 • Farms making clearly excessive nutrient applications. Microsoft Windows NT 6.1.7601 Service Pack 1 • Farms with clearly excessive rates of cropland erosion. Microsoft Windows NT 6.1.7601 Service Pack 1 See ss. ATCP 50.04 to 50.08 and subch. VII. Microsoft Windows NT 6.1.7601 Service Pack 1 The county workplan under par. (i) should be based on a reasonable assessment of available funding and resources. Microsoft Windows NT 6.1.7601 Service Pack 1 The department and DNR will work with counties to develop more detailed guidelines and suggestions for county land and water resource management plans, but individual counties have some flexibility and discretion to propose plans that are appropriate for their local conditions. Microsoft Windows NT 6.1.7601 Service Pack 1 A local advisory committee should reflect a broad spectrum of public interests and perspectives. For example, it could include: Microsoft Windows NT 6.1.7601 Service Pack 1 • Affected farmers, businesses, and landowners. Microsoft Windows NT 6.1.7601 Service Pack 1 • Agricultural, business, environmental, civic, and recreational organizations. Microsoft Windows NT 6.1.7601 Service Pack 1 • Federal, state, local, and tribal officials. Microsoft Windows NT 6.1.7601 Service Pack 1 • The University of Wisconsin and other educational institutions. Microsoft Windows NT 6.1.7601 Service Pack 1 The county land conservation committee should normally consult with the appropriate DNR staff to obtain needed planning information, effectively address resource management concerns, and ensure that its plan incorporates elements that satisfy planning requirements under section 319 of the Clean Water Act. Microsoft Windows NT 6.1.7601 Service Pack 1 The county land conservation committee should consult with the department before holding public hearings on a land and water resource management plan. Microsoft Windows NT 6.1.7601 Service Pack 1 The county board may approve the county land and water resource management plan before or after the department approves the plan. The plan approved by the county board must be the same plan approved by the department. If the department requires changes to a plan previously approved by the county board, the department's approval does not take effect until the county board approves the modified plan. Microsoft Windows NT 6.1.7601 Service Pack 1