Wis. Admin. Code ATCP § ATCP 50.06

Current through November 25, 2024

Section ATCP 50.06 - Installing conservation practices

(1) GENERAL. A landowner may use any of the following to comply with s. ATCP 50.04, unless s. ATCP 50.04 mandates a specific practice:

(a) Conservation practices identified in subch. VIII or the NRCS field office technical guide.

(b) Other conservation practices that comply with s. ATCP 50.04.

(2) FUNDED PRACTICES. Conservation practices for which a landowner receives financial assistance under this chapter shall comply with subch. VIII.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.06

CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

Amended by, CR 23-024: am. (1) (a), (2) Register May 28 No. 821, eff. 6/1/2024

A county land conservation committee can provide landowners with a helpful document called "Farmland Conservation Choices: A Guide to Environmentally Sound Practices for Wisconsin Farmers." The committee can also recommend conservation practices that are appropriate for the landowner's farm. Cost-share grants may be available to help landowners install or maintain recommended practices. Landowners may contact their county land conservation committee to apply for cost-share grants. If a landowner receives a cost-share grant for a conservation practice, that practice must comply with subch. VIII.

Counties have land and water resource management plans to promote compliance with farm conservation requirements (see s. ATCP 50.12). Counties will seek voluntary compliance and will offer information, cost-sharing and technical assistance to help landowners comply.

As a last resort, a county may seek enforcement action against a landowner who refuses to implement required conservation practices. A county may not seek enforcement action until it complies with applicable cost-sharing requirements under s. ATCP 50.08. A county may pursue any of the following enforcement options, as appropriate:

* The county may suspend a violator's eligibility for farmland preservation tax credits (see s. ATCP 50.16(6)).

* DNR may issue a notice of discharge, requiring a violator to obtain a pollution discharge permit from DNR (see ch. NR 243).

* The department of justice or a district attorney may file a civil forfeiture action against the violator (see s. 281.98, Stats.).

* The county may take action to enforce its own ordinance, if any.

* A town, city, or village may take action to enforce its own ordinance, if any.

County compliance procedures should be consistent with this chapter and ss. NR 151.09 and 151.095. A county should spell out compliance procedures in its land and water resource management plan, as provided in s. ATCP 50.12(2). The department and DNR will work with counties to develop suggested guidelines for county compliance programs.