Section ATCP 50.12 - Land and water resource management plan(1) REQUIREMENT. A county land conservation committee shall prepare and submit, for department approval, a land and water resource management plan. The department shall approve the county plan before allocating any funds to the county under subch. IV.(2) PLAN CONTENTS. A land and water resource management plan shall describe all of the following in reasonable detail:(a) Water quality and soil erosion conditions throughout the county, including identification of the causes of water quality impairment and pollutant sources. The plan shall include water quality assessments for each watershed in the county if available from DNR.(b) State and local regulations that the county will use to implement the county plan.(c) Water quality objectives for each watershed, including any available pollutant load reduction targets, consistent with conditions identified in par. (a) if available from DNR.(d) Key water quality and soil erosion problem areas consistent with conditions identified in par. (a).(e) Conservation practices needed to address key water quality and soil erosion problems.(f) A plan to identify priority farms and priority areas of resource concern in the county.(g) County strategies to encourage voluntary implementation of conservation practices under s. ATCP 50.04. A county shall include information and education, cost-sharing and other financial assistance, and technical assistance needed to implement its plan.(h) Compliance procedures, including notice, hearing, enforcement, and appeal procedures, that will apply if the county takes action against a landowner for failure to implement conservation practices required under this chapter, ch. NR 151, or related local regulations.(i) The county's multi-year workplan to achieve the objectives identified in par. (c) to implement the farm conservation practices under s. ATCP 50.04, and achieve compliance with performance standards under ch. NR 151. The plan shall identify priorities, benchmarks for performance, and expected costs.(j) The measurable annual and multi-year benchmarks the county will utilize to periodically monitor and measure its progress in meeting performance targets and achieving plan goals and objectives under the workplan in par. (i).(jm) How a county will meet its responsibilities for monitoring conservation compliance of landowners claiming farmland preservation tax credits.(k) How the county will provide information and education related to land and water conservation, including information related to farm conservation practices and cost-share funding.(L) How the county will coordinate its land and water conservation program with federal, state, and local agencies. Note: The department and DNR will work with counties to develop more detailed guidelines and suggestions for county land and water resource management plans, but individual counties have some flexibility and discretion to propose plans that are appropriate for their local conditions.
(3) PLAN DEVELOPMENT. A county land conservation committee, when preparing a land and water resource management plan, shall do all of the following:(a) Appoint and consult with a local advisory committee of interested persons that reflects a broad spectrum of public interests and perspectives. The committee could include affected farmers, landowners and businesses, nongovernmental organizations, and federal, state, local and tribal officials, or other county departments.(b) Assemble relevant data, including relevant land use, natural resource, water quality, and soil data.(c) Consult with DNR. Note: The county land conservation committee should normally consult with the appropriate DNR staff to obtain needed planning information, effectively address resource management concerns, and ensure that its plan incorporates elements that satisfy planning requirements under section 319 of the Clean Water Act.
(d) Assess resource conditions and identify problem areas.(e) Establish and document priorities and objectives.(f) Project available funding and resources.(g) Establish and document a plan of action.(h) Identify roles and responsibilities.(4) PUBLIC NOTICE AND HEARING. Before a county land conservation committee submits a land and water resource management plan for department approval, the committee shall do all of the following: (a) Hold at least one public hearing on the plan.(b) Make a reasonable effort to notify landowners affected by committee findings under sub. (2) (d) and (e), and give them an opportunity to present information related to the accuracy of the committee's findings.(5) PLAN APPROVAL. The department shall review a county land and water resource management plan, and shall approve or disapprove the plan after consulting with the LWCB. The department shall review the plan based on the criteria identified in this section, s. ATCP 50.30 (3), and s. 92.10 (6), Stats. The secretary shall sign the order approving or disapproving the county plan. The department shall approve a plan for a specified period of time that shall not exceed 10 years, subject to conditions that the department specifies in the order. The department's approval does not take effect if the county board does not approve the county plan.(6) PLAN IMPLEMENTATION. The department may review county implementation of an approved county land and water resource management plan. The department may consider information obtained in its review when it makes annual grant allocations to counties under subch. IV.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.12
CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 10-122: am. (5) Register July 2011 No. 667, eff. 8-1-11; CR 13-016: am. (2) (a), (c), (g), (i), (j), cr. (2) (jm) Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 23-024: am. (2) (a) to (d), (f), (g), (i), (3) (a) Register May 28 No. 821, eff. 6/1/2024