Section 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 practices in ch. 92 , Stats. , or s. 281.65 , Stats., and perform any of the following activities consistent with the person's level of certification under this section:

1. Certify the design specifications for a conservation engineering practice under sub. (2) .

2. Certify that a conservation engineering practice under sub. (2) has been installed according to an approved design, and according to applicable standards and specifications.

3. Engage in planning review and other engineering functions related to the installation of engineered conservation practices under sub. (2) .

(b) The department shall operate its certification program under this section, to the extent possible, in conformance with the NRCS, or any other applicable federal agency system of engineering job approval authority.

(c) For funding purposes under this chapter or ch. NR 120 , no person, other than a conservation engineering practitioner certified under this section or a professional engineer registered under ch. 443 , Stats. , may certify that conservation practices were properly designed or installed in compliance with standards under this chapter or s. 281.65 , Stats.

(d) Notwithstanding par. (c) , a well driller or pump installer registered under s. 280.15 , Stats., may certify a well construction or decommissioning under sub. (1) .

(2)   Conservation engineering practices. For purposes of this section, a conservation engineering practice includes any of those practices identified in subch. VIII , authorized by the department under s. ATCP 50.40 (3) , allowed under s. 281.65 , Stats., or approved and published, as part of the NRCS technical guide or as a formal technical standard by the DNR.

(2m)   State soil and water conservation engineer. The department may designate an employee as the state soil and water conservation engineer. The designated person shall be a professional engineer registered under ch. 443 , Stats. , and demonstrate sufficient training and experience to carry out the functions of the position. The state soil and water conservation engineer shall do all of the following:

(a) Oversee the work of the field engineers who are responsible for certifying conservation engineering practitioners under this section.

(b) Conduct engineering activities requiring job approval authority ratings higher than those authorized under this section including job class ratings of V and above.

(3)   Conservation engineering practitioner; certification.

(a) A person who wishes to be certified as a conservation engineering practitioner shall apply to the department or a county land conservation committee. The department or the county land conservation committee shall promptly refer the application to the department's designated field engineer. The field engineer shall evaluate the applicant and issue a decision granting or denying the request.

(b) Applicants for certification shall apply on a form provided by the department. The application form shall include all of the following:

1. The name and affiliation of the person applying for certification, and the name and affiliation of each DATCP, NRCS, or other agency personnel authorized to grant certification to the applicant.

2. The practices for which certification may be granted, including specific practice types and applicable references to the NRCS technical guide and other formal technical standards authorized under this section.

3. The controlling factor used to distinguish different classes of certification within each practice, and the specific application of the factor to the 5 levels for which certification can be obtained.

4. A maximum certification rating level in the 3 areas of competency for each practice that the applicant is qualified to perform, as specified in sub. (5) .

5. Any other information the department determines to be reasonably necessary for certification purposes including certification for practice standards approved by entities other than NRCS.

(4)   Evaluating applicants for certification.

(a) To evaluate an applicant under sub. (3) , the department's field engineer shall complete a department certification form. The field engineer shall rate the applicant under sub. (5) based on the applicant's demonstrated knowledge, training, experience, and record of appropriately seeking assistance. Evaluations shall be fair and consistent.

(b) To evaluate an applicant, the department's field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.

(5)   Certification rating.

(a) For each type of agricultural or other conservation engineering practice identified in the required certification form, the department's field engineer shall identify the most complex of the 5 job classes in the practice for which the applicant is authorized to do each of the following:

1. Conduct planning activities, including site inventory and evaluation functions to define alternative engineering solutions.

2. Certify that design specifications for jobs in that class comply with those identified in subch. VIII , authorized by the department under s. ATCP 50.40 (3) , allowed by s. 281.65 , Stats., or approved and published, as part of the NRCS technical guide or as a formal technical standard by the DNR.

3. Certify that jobs in that class have been installed according to the approved design, and according to any applicable standards and specifications.

(b) If NRCS has previously rated an applicant under 7 CFR 610.1 to 610.5 , the department's field engineer shall give that applicant the same initial rating. Within 18 months after the field engineer makes the initial rating, the department's field engineer shall review that rating under sub. (7) .

(6)   Certification decision.

(a) The department's field engineer shall act on a certification application under sub. (3) within 30 days after the field engineer receives that application, provided that the applicant promptly submits relevant information and documentation requested by the field engineer.

(b) Whenever the department's field engineer certifies a conservation engineering practitioner, the field engineer shall issue a written certification on the department's certification form. The certification becomes effective when signed by all of the following:

1. The field engineer.

2. The practitioner certified.

3. The practitioner's supervisor if any.

(c) Whenever the department's field engineer denies a request under sub. (3) for a specific certification rating, the field engineer shall issue the denial in writing and shall specify the reasons for the denial.

(d) The department's field engineer shall retain a copy of each certification under par. (b) , each denial under par. (c) , and any other documentation received or compiled in connection with an application under sub. (3) .

(7)   Reviewing certification ratings.

(a) A department field engineer shall review each certification rating under sub. (5) at least once every 3 years, and may review a rating at any time. A field engineer shall review a rating whenever a certified conservation engineering practitioner requests that review.

(b) Based on a review under par. (a) , a department field engineer shall issue a new certification rating which reaffirms or modifies the prior rating under sub. (5) . The field engineer shall provide a copy of each new rating to the person rated. The field engineer may not reduce a rating except for good cause.

(c) A field engineer shall document, in writing, his or her reasons for reducing a certification rating under sub. (5) , or for refusing to make a requested rating change. The field engineer shall provide that documentation to the person rated, and to that person's supervisor if any.

(8)   Appeals.

(a) An affected person may appeal a field engineer's action under sub. (5) , (6) or (7) . The affected person shall file his or her appeal in writing, with the field engineer, within 10 business days after the applicant receives notice of the field engineer's action. The appeal shall identify the specific matters in dispute and the specific basis for the appeal.

(b) Within 15 business days after the department's field engineer receives an appeal under par. (a) , the field engineer shall hold an informal meeting with the appellant. The meeting may include a representative of the county land conservation committee. The field engineer may hold the informal meeting in person or by telephone.

(c) If an appeal cannot be resolved after an informal meeting under par. (b) , the field engineer shall forward the appeal to a department reviewer designated by the administrator of the department's agricultural resource management division. The reviewer shall hold an informal hearing on the appeal within 10 business days after the reviewer receives the appeal, unless the applicant agrees to a later date for the informal hearing. The reviewer shall hold the informal hearing by telephone or at a location determined by the reviewer. Within 10 business days after the conclusion of the informal hearing, the reviewer shall issue a written decision which affirms, reverses, or modifies the field engineer's action. The reviewer shall provide a copy of his or her written decision to the applicant. The decision shall include a notice of the applicant's right to request a contested case hearing under par. (d) .

(d) If an applicant disputes the reviewer's decision under par. (c) , the applicant may file a request with the department under s. 227.42 , Stats., for a contested case hearing under ch. 227 , Stats. , and ch. ATCP 1 .

(9)   Suspending or revoking certification.

(a) The department may, for cause, suspend or revoke a certification under this section. The department may summarily suspend a certification, without prior notice or hearing, if the department makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety, or welfare.

(b) An order suspending or revoking a certification shall be signed by the secretary or the secretary's designee. Proceedings to suspend or revoke a certificate shall be conducted according to ch. 227 , Stats. , and ch. ATCP 1 .

(c) The department shall notify all of the following persons of any suspension or revocation under this subsection:

1. Any land conservation committee or state agency that employs the individual whose certification is suspended or revoked.

2. State and federal agencies that provide cost-share funds for conservation engineering practices.

(d) The reduction of a certification rating under sub. (7) does not constitute a suspension or revocation under this subsection.

(10)   Certification guidelines. The department may publish guidelines for the certification of conservation engineering practitioners under this section. The guidelines may include suggested or required courses, training activities, and types of knowledge and experience that may help applicants qualify for certification at specified rating levels, or be required in order to retain certification at certain rating levels.

(11)   Signature and date required; approvals.

(a) Whenever a person certified under this section approves or submits for approval any document related to the design or construction of a conservation engineering practice under sub. (2) , that person shall sign and date that document.

(b) Any engineered practice designed by a person certified under this section shall include project documentation establishing that the practice was designed according to applicable standards, and that the design was reviewed and approved for compliance with those standards. Any person approving a design shall have job approval authority at the level required by the engineered practice. For practices requiring a job class authority of III or higher, at least one person other than the practice designer shall review and approve the design. For practices requiring job class authority of I or II, the person preparing the design may also review and approve the design.

(12)   Scope of certification. No certified conservation engineering practitioner may, for any purpose, including funding under this chapter or s. 281.65 , Stats., certify any matter under sub. (5) (a) in a job class more complex than that for which the practitioner is authorized under sub. (5) (a) . In the event a practitioner exceeds the authority authorized for certifying conservation practices, the department shall review the matter and may take action under sub. (7) or (9) .

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : r. and recr. (2) Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (title), r. and recr. (1), (2), cr. (2m), am. (3) (title), renum. (3) to (a) and am., cr. (3) (b), am. (4) (a), (5) (a) (intro.), renum. (5) (a) 1. and 2. to (5) (a) 2. to 3. and am., cr. (5) (a) 1., am. (6) (b), (7) (a), (9) (c) 2., (10), (11) (title), renum. (11) to (11) (a) and am., cr. (11) (b), am. (12) Register February 2014 No. 698 , eff. 5-1-14.

Note

A design certification typically involves the preparation or approval of a design document that prescribes the installation of a conservation engineering practice. The process typically requires the application of engineering principles and methods, and may include several planning and design components. For example, a practitioner may conduct a site inventory to gather data for the design process, may identify or confirm particular water quality problems on the site, and may evaluate the adequacy of the proposed practices to address those problems. Microsoft Windows NT 6.1.7601 Service Pack 1 To fulfill its responsibility for providing technical assistance under 7 CFR Part 610 , NRCS currently administers a system of engineering job approval authority (JAA) that assigns individuals appropriate job approval based on the person's training, experience, and demonstrated competency to perform engineering activities. Microsoft Windows NT 6.1.7601 Service Pack 1 See ss. 92.18 and 443.14 (10) , Stats. A state or county employee certified under this section is exempt from the professional engineering registration requirements of ch. 443 , Stats., when engaged in state or county activities under ch. 92 , Stats., or s. 281.65 , Stats., regardless of whether the activities are funded under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 The DNR publishes its technical standards on its website at, for example: http://dnr.wi.gov/topic/stormwater/standards/index.html . Microsoft Windows NT 6.1.7601 Service Pack 1 The rating system used for certification under this section is based on the NRCS engineering JAA framework. Engineering practices in job classes I through V must be of low hazard potential. Projects that involve practices above job class V must be performed under the authority of the state soil and water conservation engineer. Microsoft Windows NT 6.1.7601 Service Pack 1 An applicant for certification need not apply to the department's offices in Madison, but may apply directly to one of the department's field engineers. An applicant's supervisor may also forward an application to the department's field engineer. Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain a certification form by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection Microsoft Windows NT 6.1.7601 Service Pack 1 Division of Agricultural Resource Management Microsoft Windows NT 6.1.7601 Service Pack 1 P.O. Box 8911 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1 In cases where department field engineers may be required to provide a job certification approval at a level higher than their own, they should consult with a person who has appropriate certification in the areas being rated. A person who is certified at a job level under par. (a) may certify his or her own work at that level for any purpose including funding authorized under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 When recertifying an applicant who was previously certified by the department or NRCS, the department's field engineer may raise one or more rating levels, lower one or more rating levels, or reaffirm one or more rating levels. Microsoft Windows NT 6.1.7601 Service Pack 1 See ss. 92.18 (6) and 93.06 (7) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1