Section 50.34. Grants for conservation practices.

 

(1)   General. The department may award an annual grant to each eligible county to finance county cost-share grants to landowners. The department shall award the grant to the county land conservation committee. The committee may make cost-share grants to landowners for conservation practices needed to comply with any of the following:

(a) Section ATCP 50.04 .

(b) State or local regulations identified in the county's land and water resource management plan under s. ATCP 50.12 (2) (b) .

(c) Objectives identified in the county land and water resource management plan under s. ATCP 50.12 .

(d) Any applicable requirements or provisions in ch. 92 , Stats.

(2)   Grant contract. The department shall make grant payments under sub. (1) according to an annual grant contract with the county. The contract shall comply with s. ATCP 50.36 , and shall include all of the following:

(a) The total amount awarded under sub. (1) .

(b) The subtotal amount awarded from each relevant fund source under s. ATCP 50.28 (1) (a) .

(c) Project funding extensions under sub. (6) , if any.

(d) Grant terms and conditions, including terms and conditions required under this section.

(3)   Grant payments. The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall reimburse the county after the county certifies that the cost-shared practice has been properly installed and paid for. To obtain reimbursement for a cost-shared practice, a county land conservation committee shall do all of the following on forms provided by the department:

(a) File with the department a copy of the county's cost-share contract with the landowner and the supporting documentation specified in department forms to be submitted to obtain reimbursement. The cost-share contract shall comply with s. ATCP 50.40 (8) and (9) .

(b) Certify the amount of reimbursement due.

(c) Certify, based on documentation possessed by the county, that all applicable conditions in s. ATCP 50.40 (10) to (12) and (14) are met.

(d) File all reimbursement requests, required cost-share contracts, and supporting documentation by February 15 of the year following the grant year.

(4)   Use of bond revenues.

(a) Bond revenue funds awarded under sub. (1) may be used for the following purposes, subject to par. (b) and the grant contract:

1. To finance cost-shared practices identified in subch. VIII , except that bond revenue funds may not be used to finance practices identified in s. ATCP 50.67 , 50.68 , 50.78 , 50.79 , 50.82 , or 50.89 .

2. To finance engineering services provided in connection with a cost-shared practice for which bond revenues may be used under subd. 1.

(b) The department may not use bond revenue funds to reimburse a county for services provided by county employees, or by independent contractors working for the county.

(5)   Unspent funds. The department may not use grant funds awarded to a county under sub. (1) to reimburse the county for costs that the county incurs after December 31 of the grant year, or pays after January 31 of the following year. Unspent funds remain with the department, for distribution under a future year's allocation plan.

(5m)   Inter-county transfers. The department may approve an agreement between counties to transfer uncommitted bond revenue or other cost-share funds if all of the following apply:

(a) The grant funds subject to the transfer were not previously extended by the transferring county.

(b) The county transferring the cost-share funds certifies to the department that it has an uncommitted portion of its cost-share allocation equal to or greater than the transfer amount, and has approval of its land conservation committee to make these funds available for transfer.

(c) The county receiving the cost-share funds has made a commitment to use the transferred funds on one or more specific projects, and has the approval of its land conservation committee to accept the transferred funds for cost-sharing on the specific projects.

(d) The counties apply for the transfer of cost-share funds on a form provided by the department. The department may require any information on the form reasonably necessary for the department to approve the transfer of funds.

(6)   Extensions.

(a) If a grant under sub. (1) funds a landowner cost-share contract that is signed by December 31 of the grant year but not completed by December 31 of that year, the department may extend funding for that contract in the next year's grant allocation to the county if all of the following apply:

1. The county properly contracts with the landowner by December 31 of the initial grant year.

2. The landowner has not taken any action in violation of the cost-share contract.

3. The county land conservation committee files with the department, by December 31 of the initial grant year, a written request that identifies the cost-shared projects for which the extended funds will be used, and the total funds to be extended. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.

4. The department has not previously extended funding for the same contract from one grant year to another.

(b) A county may transfer a funding extension under par. (a) from one landowner cost-share contract to another provided that the department approves an extension of both projects. Extended funds may not be used on new cost-share contracts. Extended funding, if not spent for the designated cost-share contract in the year of the extension, remains with the department for distribution under a future year's allocation plan.

(7)   County records.

(a) A county land conservation committee shall keep all of the following records related to grants under sub. (1) :

1. Copies of all county cost-share contracts with landowners, including any provisions related to operation and maintenance of installed practices.

2. Documentary proof of all information that the county land conservation committee certifies to the department under this section.

3. Documentation of all county receipts and payments under this section.

4. Other records needed to document county compliance with this section and the grant contract.

(b) A county land conservation committee shall retain cost-share records under par. (a) for at least 3 years after the committee makes its last cost-share payment to the landowner, or for the duration of the maintenance period required for the cost-shared practice under subch. VIII , whichever is longer. The committee shall make the records available to the department and grant auditors upon request.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : am. (6) (a) (intro.) and 1. Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (1) (b), cr. (1) (d), am. (3) (a), (d), cr. (5m), am. (6) (a) 3., (b) Register February 2014 No. 698 , eff. 5-1-14.

Note

The committee may use funds for recording fees and other related costs allowed under this chapter, but may not award funds under this chapter to cover state or local permit fees. Microsoft Windows NT 6.1.7601 Service Pack 1 The department may award grants under sub. (1) from applicable appropriations under s. 20.115 (7) , Stats., or from the bond revenue appropriation under s. 20.866 (2) (we) , Stats. Bond revenue grants may only be used for the purposes identified in sub. (4). Microsoft Windows NT 6.1.7601 Service Pack 1 Grant contracts, including grant amounts, grant purposes, and fund sources, must conform to the grant allocation plan under s. ATCP 50.28 . Grant contracts may specify the use of funds, as necessary, to implement the terms of the grant allocation plan. Bond revenues may only be used for purposes identified in sub. (4). Microsoft Windows NT 6.1.7601 Service Pack 1 The department must approve any cost-share contract that exceeds $50,000. See s. ATCP 50.40 (8) . Microsoft Windows NT 6.1.7601 Service Pack 1 Department forms will specify the documentation a county must provide under par. (a) with its reimbursement request, or in lieu of documentation, the information the county must certify under par. (c). When a county land conservation committee is not required to submit documentation and provides, instead, its certification under par. (c), it must keep that supporting documentation on file as required by sub. (7). The committee must make the documentation available to the department and grant auditors upon request. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. ATCP 50.40 (7) . Microsoft Windows NT 6.1.7601 Service Pack 1 Bond revenue funds are those appropriated under s. 20.866 (2) (we) , Stats. The Wisconsin constitution limits the use of bond revenue funds. Bond revenue funds must be used to finance capital improvements, not short-term practices. Bond revenue funds may not be used to finance county operations. The grant contract between the department and the county will identify the purposes for which grant funds may be used. Microsoft Windows NT 6.1.7601 Service Pack 1 Transferred funds may be extended by the receiving county into the subsequent grant year for the same project, subject to sub. (6). Microsoft Windows NT 6.1.7601 Service Pack 1 Good cause may include the long-term absence or loss of critical staff, or the damage or destruction of records. Microsoft Windows NT 6.1.7601 Service Pack 1 The department will normally approve extensions by April 30 of each year, as a supplement to the annual grant allocation plan for that year. See s. ATCP 50.28 (5) . Microsoft Windows NT 6.1.7601 Service Pack 1 A county may make partial payments for completed portions of a cost-shared practice, as provided in s. ATCP 50.40 (12) . Microsoft Windows NT 6.1.7601 Service Pack 1