Section 50.40. Cost-share grants to landowners.

 

(1)   General.

(a) A county land conservation committee may use grant funds awarded to the county under s. ATCP 50.34 to make cost-share grants to landowners for any of the purposes authorized under s. ATCP 50.34 (1) . Cost-share grants shall comply with this subchapter.

(b) A county land conservation committee may determine all the following, subject to this chapter:

1. The landowners who will receive cost-share grants.

2. The conservation practices that will be cost-shared.

3. The costs, for each conservation practice, that will be shared.

4. The rate at which costs will be shared.

(2)   Cost-sharing required.

(a) A county may not do any of the following, under this chapter or a local regulation, unless the county land conservation committee first offers cost-sharing that is at least equal to the cost-sharing required under s. ATCP 50.08 :

1. Require a conservation practice that discontinues or modifies cropping practices on existing cropland. In this paragraph, "existing cropland" has the meaning given in s. NR 151.09 (4) (b) .

2. Require a conservation practice that discontinues or modifies an existing livestock facility or operation. In this paragraph, "existing livestock facility or operation" has the meaning given in s. NR 151.095 (5) (b) .

(b) Paragraph (a) does not apply to a nutrient management plan required under a permit for a manure storage system voluntarily constructed by a landowner.

(c) Paragraph (a) does not limit any of the following:

1. An emergency or interim response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.

2. County action under s. ATCP 50.16 (6) to suspend a landowner's eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1) .

3. The enforcement of an existing cost-share contract.

(d) Paragraph (a) does not apply to requirements imposed on a livestock facility operator in connection with a local approval or permit issued pursuant to s. 93.90 , Stats., and ch. ATCP 51 .

(3)   Cost-shared practices.

(a) A cost-share grant may fund conservation practices identified under subch. VIII , or other conservation practices that the department approves in writing, regardless of whether those conservation practices are required or voluntary.

(b) A cost-share grant may not be used to do any of the following, except as specifically authorized under subch. VIII :

1. Pay for the installation of a conservation practice if that installation occurred before the landowner entered into the cost-share contract.

2. Correct overtopping of a manure storage facility.

3. Move a manure stack.

4. Drain wetlands, as defined in s. 23.32 , Stats.

5. Increase drainage of land.

6. Dredge a harbor, lake, river, or drainage ditch.

7. Prevent or clean up spills of pesticides, fertilizers, or other agricultural chemicals from commercial bulk storage facilities.

8. Grow or harvest trees.

9. Install, operate, or repair a septic system.

10. Install or modify a flood control structure.

11. Destroy significant wildlife habitat, unless the landowner agrees to restore the habitat at the landowner's expense.

12. Pay for the installation of a practice on land owned by the state of Wisconsin.

13. Bring a landowner into compliance with standards required under the landowner's WPDES permit under chs. 281 and 283 , Stats.

14. Pay for any state or local administrative permit fees.

(4)   Eligible costs. A cost-share grant may pay for relevant costs identified in s. ATCP 50.08 (3) and (4) , regardless of whether cost-sharing is required under sub. (2) or s. ATCP 50.08 . A cost-share grant may pay for the costs incurred by a county or landowner in recording, with the county register of deeds, any cost-share contract, whether or not recording is required under s. ATCP 50.40 (14) . A cost-share grant may not pay for ineligible costs identified under sub. (3) (b) or subch. VIII .

(5)   Cost-effective practices. A county land conservation committee shall consider whether a cost-shared practice will be cost-effective. The committee shall consider all of the following:

(a) The predicted conservation benefits of the practice.

(b) The minimum practice needed to achieve the conservation objective.

(c) The cost of the practice compared to feasible and effective alternatives.

(d) The practical effects of the practice on the agricultural operation.

(6)   Maximum cost-share rates and amounts. Cost-share rates and amounts may not exceed the maximum rates and amounts specified in s. ATCP 50.42 .

(7)   Engineering services.

(a) A cost-share grant may include funding for engineering services needed to do any of the following:

1. Design a cost-shared practice.

2. Supervise the installation of a cost-shared practice.

3. Certify that a cost-shared practice has been properly installed.

(b) A cost-share grant may reimburse the cost of engineering services under par. (a) provided by a professional engineer registered under ch. 443 , Stats. , or a conservation engineering practitioner certified at the applicable rating under s. ATCP 50.46 . A cost-share grant may not reimburse the cost of engineering services provided by the county land conservation committee or its agent.

(c) Funding for engineering services under par. (a) may not exceed the lesser of the following:

1. 70% of the actual cost of the engineering services.

2. 15% of the total eligible cost of the cost-shared practice, exclusive of engineering costs.

(8)   Cost-share contract. A county land conservation committee shall enter into a written contract with every landowner to whom the committee awards a cost-share grant. The department shall approve, in writing, any cost-share contract that provides for more than $50,000 in cost-share payments.

(9)   Contract terms. A cost-share contract under sub. (8) shall include all of the following:

(a) The landowner's name and address.

(b) The purpose for the cost-share grant.

(c) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost-share payments may exceed $14,000.

(d) Specifications for the cost-shared practice, including engineering specifications for any conservation engineering practice identified under s. ATCP 50.46 (2) .

(e) The total estimated cost of the cost-shared practice. The total cost may include the cost to install the practice and the cost to maintain the practice for the period of time specified in the contract. Costs may include any applicable costs under sub. (4) . A county shall use applicable cost containment procedures under sub. (16) when determining the estimated cost.

(f) The cost-share rate or amount. The cost-share rate or amount may not exceed the rate or amount allowed under s. ATCP 50.42 .

(g) The amount, if any, that the county land conservation committee will pay for engineering services under sub. (7) .

(h) A timetable for constructing and installing the cost-shared practice.

(i) Applicable conditions required under this section.

(j) The period of time for which the landowner agrees to maintain the cost-shared practice in return for the cost-share grant. The landowner shall agree to maintain the cost-shared practice for at least the period of time required under subch. VIII , or replace it with an equally effective practice. The landowner shall refrain, during the maintenance period, from any action that may reduce the effectiveness of the cost-shared practice.

(k) An agreement that the landowner will repay the full amount of the cost-share grant immediately, upon demand by the county land conservation committee, if the landowner fails to operate and maintain the cost-shared practice according to the contract.

(L) If the contract provides for a cost-share grant that exceeds $14,000, an agreement that the contract runs with the land and is binding on subsequent owners or users of the land for the period of time required under subch. VIII .

(m) Provisions authorizing the county land conservation committee to stop work or withhold cost-share grant payments if the committee finds that the landowner has breached the contract.

(n) Appropriate pre-approval procedures for making any construction changes that may affect the terms or amount of the cost-share grant.

(o) Other terms or conditions specified by the county land conservation committee.

(10)   Design and installation. A cost-shared practice shall be all of the following:

(a) Designed and installed according to subch. VIII and the cost-share contract.

(b) Installed in compliance with applicable construction site erosion control standards contained in the DNR Storm Water Construction Technical Standards, in effect on May 1, 2014.

(11)   Payment conditions met. Before a county land conservation committee pays for any cost-shared practice, or requests any cost-share reimbursement from the department under s. ATCP 50.34 (3) , the committee shall document all of the following:

(a) That the landowner has made, for that cost-shared practice, all payments for which the landowner is responsible under the cost-share contract.

(b) That the cost-shared practice is designed and installed according to sub. (10) . If the cost-shared practice is a conservation engineering practice identified under s. ATCP 50.46 (2) , one of the following shall certify in writing that the practice complies with sub. (10) :

1. A professional engineer registered under ch. 443 , Stats.

2. A conservation engineering practitioner certified under s. ATCP 50.46 .

3. A well driller or pump installer registered under s. 280.15 , Stats., if the conservation engineering practice consists of well construction or decommissioning.

(c) That the landowner's nutrient management plan complies with s. ATCP 50.04 (3) , if the cost-shared practice includes a nutrient management plan.

(12)   Partial payments. A county land conservation committee may make partial payments for completed portions of a cost-shared practice if all of the following apply:

(a) The committee documents, for that completed portion, the information required under sub. (11) .

(b) The completed portion provides independent conservation benefits.

(c) The committee distributes no more than 90% of the total cost-share grant in partial payments.

(13)   Payment recipients. A county land conservation committee shall make cost-share payments to the contracting landowner, except that the committee may do any of the following:

(a) Make cost-share payments by multi-party check payable to the landowner and any contractors who designed or installed a cost-shared practice for the landowner, if the landowner or any of the contractors asks the committee to do so.

(b) Make a cost-share payment to an assignee whom the landowner designates in writing.

(14)   Recording contracts with register of deeds.

(a) If a county contract with a landowner exceeds $14,000, the county or the landowner shall record the contract with the county register of deeds before the county makes any cost-share payment to the landowner.

(b) If recording is required under this subsection, the county shall record the cost-share contract before making any reimbursement payments to the landowner or grant recipient.

(c) Recording a contract which exceeds the amount in par. (a) is not required if the contract is only for conservation practices listed in s. ATCP 50.08 (5) (b) .

(d) A county may choose to voluntarily record any contract in which cost-share payments under this chapter were awarded.

(15)   Landowner installation and maintenance.

(a) With the approval of the county land conservation committee, a landowner may personally install a cost-shared practice. The committee may give its approval if all of the following apply:

1. The landowner is competent to install the practice.

2. The landowner can install the practice at least as cheaply as other available contractors.

3. The landowner submits a qualified bid if the committee requires bidding under sub. (16) (b) .

(b) If the value of a landowner's installation or maintenance service is considered for cost-sharing purposes, the landowner shall submit a detailed invoice or cost-estimate for those services.

(16)   Cost containment. A county land conservation committee shall adopt one or more of the following cost containment procedures, or other procedures that are equally effective, when estimating and paying for a cost-shared practice:

(a) The committee may base cost-share grants on typical or maximum acceptable costs for the conservation practice, even if actual costs are higher.

(b) The committee may require competitive bidding, and may determine a cost-share grant amount based on low bid cost, regardless of whether the contracting landowner selects the low bidder. The committee may specify bidding procedures that it considers appropriate. The committee shall require competitive bidding if the cost-share contract may exceed $25,000.

(c) The committee may use its own employees or agents to design, construct, or install a cost-shared practice if, by doing so, it can minimize public costs related to the practice. The committee may charge the staff costs to its staffing grant award under s. ATCP 50.32 , but not to its cost-share grant award under s. ATCP 50.34 . If a county reallocates staffing grant funds to a city, village, town, county drainage board, lake district, or tribe with the department's approval, that local government or tribe may use those staffing grant funds in the same manner.

(17)   Combined grants. Cost-share grants under this chapter may be combined with grants from other federal, state, local, and private sources. Except as restricted under s. ATCP 50.42 (1) , department funds allocated under this chapter may be combined with DNR funds allocated under s. 281.65 or 281.66 , Stats., to finance up to 70% of the total cost of a project, or up to 90% in cases of economic hardship under s. ATCP 50.42 (4) . This subsection does not limit the use of cost-share funds from other sources. A cost-share grant under this chapter may not reimburse a landowner for any costs that another governmental entity is also reimbursing.

(18)   Land taken out of agricultural production; easement. A cost-share contract to take land out of agricultural production may provide for a recorded easement to implement the contract. The easement shall be consistent with the cost-share contract, and the duration of the easement shall be consistent with the maintenance term specified in the cost-share contract. Before the landowner signs the cost-share contract, the county land conservation committee shall provide the landowner with the document that the landowner would sign to create the proposed easement. The county land conservation committee shall promptly record the easement document with the county register of deeds after the landowner signs that document.

(19)   Conflict of interest prohibited. No county employee or land conservation committee member may:

(a) Take any official action substantially affecting a matter which the individual, a member of his or her immediate family, or an organization with which the individual is associated has a substantial financial interest.

(b) Use his or her office or position in a way that produces or assists in the production of substantial benefit, direct or indirect, for the individual, one or more members of the individual's immediate family either separately or together, or an organization with which the individual is associated.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 04-005 : am. (9) (L) Register October 2004 No. 586 , eff. 11-1-04; CR 13-016 : cr. (2) (d), (3) (b) 12. to 14., am. (4), (7) (b), renum. (9) (c) (intro.) to (c), r. (9) (c) 1. to 3., am. (9) (d), renum. (9) (L) (intro.) to (L), r. (9) (L) 1. to 3., am. (9) (n), (10) (b), (11) (b) (intro.), 2., 3., r. (14) (a) to (c), renum. (14) (intro.) to (14) (a) and am., cr. (14) (b) to (d), am. (17) Register February 2014 No. 698 , eff. 5-1-14.

Note

This subchapter regulates a county's use of grant funds awarded under s. ATCP 50.34 . It does not limit a county's authority to acquire and distribute cost-share grant funds from other governmental or private entities. Microsoft Windows NT 6.1.7601 Service Pack 1 The department and DNR will prepare a joint allocation plan for the allocation of funds to counties under ss. 92.14 , 281.65 , and 281.66 , Stats. Funding under this chapter is primarily aimed at rural conservation practices. DNR may provide funding for urban conservation practices that are not financed under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 If a county requires a landowner to change an "existing" agricultural practice, the county must comply with minimum cost-share requirements under sub. (2). But if a county enters into a voluntary cost-share arrangement with a landowner, the county is free to negotiate the grant amount with the landowner (up to the maximum amounts provided in s. ATCP 50.42 ). Microsoft Windows NT 6.1.7601 Service Pack 1 To secure a local approval or permit, an operator must meet the required standards, regardless of whether the applicant receives cost-sharing (see s. 93.90 , Stats.). However, a political subdivision may choose to provide cost-sharing to the operator. Microsoft Windows NT 6.1.7601 Service Pack 1 A county may package cost-share payments in a variety of ways. For example, a county might choose to negotiate a single overall payment (sometimes called an "incentive" payment) with a landowner who voluntarily agrees to maintain a combination of "soft" practices such as nutrient management, residue management, and contour farming. The county may pay the landowner to continue these practices, even though the landowner has followed the same practices in the past. In some cases, counties may be limited, by the terms of prior department cost-share grants to landowners, in making payments to landowners to continue compliance with performance standards. The county is free to negotiate the cost-share amount ("incentive" payment amount) with the landowner, as long as the arrangement is voluntary. Microsoft Windows NT 6.1.7601 Service Pack 1 Subchapter VIII specifies a minimum maintenance period of 10 years for most conservation practices. But it does not specify a minimum maintenance period for the following "soft" practices: Microsoft Windows NT 6.1.7601 Service Pack 1 • Contour farming (s. ATCP 50.6 7). Microsoft Windows NT 6.1.7601 Service Pack 1 • Cover crop (s. ATCP 50.6 8). Microsoft Windows NT 6.1.7601 Service Pack 1 • Nutrient management (s. ATCP 50.7 8). Microsoft Windows NT 6.1.7601 Service Pack 1 • Pesticide management (s. ATCP 50.7 9). Microsoft Windows NT 6.1.7601 Service Pack 1 • Residue management (s. ATCP 50.8 2). Microsoft Windows NT 6.1.7601 Service Pack 1 • Stripcropping (s. ATCP 50.89 ). Microsoft Windows NT 6.1.7601 Service Pack 1 Subsection (14) requires the county or landowner to record, with the county register of deeds, any cost-share contract over the applicable amount in par. (L). The county may include, in the cost-share contract, a provision requiring the landowner to record the cost-share contract with the register of deeds. Microsoft Windows NT 6.1.7601 Service Pack 1 The department will provide sample cost-share contracts to each county land conservation committee. County land conservation committees are encouraged to use the contract forms provided by the department. Microsoft Windows NT 6.1.7601 Service Pack 1 A copy of these technical standards can be found at the DNR website at: http://dnr.wi.gov/topic/stormwater/standards/index.html . Copies of these technical standards are also on file with the department and the legislative reference bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 Cost-share funds can be used to record any contract authorized under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 A committee may estimate typical costs per completed practice, or per unit of labor or materials. A committee may use its own experience, or information obtained from the department or other sources, to estimate typical costs. Microsoft Windows NT 6.1.7601 Service Pack 1 The department suggests the following bidding procedures: Microsoft Windows NT 6.1.7601 Service Pack 1 • The committee must show the proposed construction site to all prospective bidders on the same day and at the same time. Microsoft Windows NT 6.1.7601 Service Pack 1 • There must be at least 3 qualified bids. Microsoft Windows NT 6.1.7601 Service Pack 1 • All bids must be sealed and delivered by a bid deadline to a location specified by the committee. Microsoft Windows NT 6.1.7601 Service Pack 1 • Bids must all be opened at the same time within 2 weeks after the bid deadline. Microsoft Windows NT 6.1.7601 Service Pack 1 • The amount of the cost-share grant is based on the lowest qualified bid. Microsoft Windows NT 6.1.7601 Service Pack 1 • The landowner may select a higher bidding contractor only if the landowner agrees to pay the difference. Microsoft Windows NT 6.1.7601 Service Pack 1 • The landowner may not select a contractor who did not bid. Microsoft Windows NT 6.1.7601 Service Pack 1 A local government or tribe may contract with the Wisconsin conservation corps or any other entity to install a cost-shared practice as the agent of the local government or tribe. Microsoft Windows NT 6.1.7601 Service Pack 1 A landowner may receive grants from 2 or more governmental entities related to the same project, provided that the landowner does not receive duplicate reimbursement of the same costs. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, if a county land conservation committee pays a landowner to keep a riparian buffer out of agricultural production for 15 years, the cost-share contract may require the landowner to grant a recorded easement on that riparian buffer for 15 years. If the landowner agrees to keep land out of production in perpetuity (presumably in return for a higher cost-share payment), the contract may require the landowner to grant a perpetual easement. The county land conservation committee must give the landowner a copy of the proposed easement document before the landowner signs the cost-share contract. Microsoft Windows NT 6.1.7601 Service Pack 1