Section 50.61. General standards for cost-shared practices; pre-approval of cost-shared practices.

 

(1)   Cost-shared practices must comply. Except as authorized under sub. (3) , cost-shared practices under this chapter shall comply with applicable standards under this subchapter.

(2)   Standards adopted by rule. The department may not adopt, amend, or repeal standards under this subchapter, except by rule.

(3)   Voluntary use of updated technical standards. The department may authorize a county to provide a cost-share grant for a conservation practice to be implemented under the updated version of a technical standard listed in this subchapter. The county may provide a cost-share grant for the conservation practice using the updated technical standard if all of the following apply:

(a) The updated technical standard provides conservation benefits at least as beneficial as the version listed in this subchapter.

(b) The updated technical standard has been adopted by NRCS, DNR, or the applicable technical standards entity listed in this subchapter.

(c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.

(4)   Pre-approval of cost-shared practices. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:

(a) Identify the practice for which pre-approval is required.

(b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.

(c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 13-016 : am. (title), (1), cr. (3), (4) Register February 2014 No. 698 , eff. 5-1-14.

Note

For information on how to obtain NRCS technical guide standards and any other standards required under this subchapter, including any secondary standards incorporated by reference in those standards, a person may visit the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx , or contact the department in writing at 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 Before the department adopts, amends, or repeals a standard by rule, the department will consider the recommendations of the standards oversight council, a voluntary multi-agency council that works to share technical information and coordinate technical standards among participating agencies. In order to adopt, amend, or repeal a standard by rule, the department must follow the procedures in ch. 227 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The approval authorized under this subsection is in addition to the approval required under s. ATCP 50.40 (8) for contracts exceeding $50,000 in cost-share payments. Microsoft Windows NT 6.1.7601 Service Pack 1 The department may provide notice by email or by posting the information on its website. Microsoft Windows NT 6.1.7601 Service Pack 1