Section ATCP 50.34 - Grants for conservation practices(1) GENERAL. The department may award an annual grant to each eligible county to provide financial assistance to landowners. The department shall award the grant to the county land conservation committee. The committee may provide financial assistance to landowners for conservation practices needed to comply with any of the following:(b) State or local regulations identified in the county's land and water resource management plan under s. ATCP 50.12 (2) (b). Note: The committee may use funds for recording fees and other related costs allowed under this chapter, but may not award funds under this chapter to cover state or local permit fees.
(c) Objectives identified in the county land and water resource management plan under s. ATCP 50.12.(d) Any applicable requirements or provisions in ch. 92, Stats.(2) GRANT CONTRACT. The department shall make grant payments under sub. (1) according to an annual grant contract with the county. The contract shall comply with s. ATCP 50.36, and shall include all of the following: (a) The total amount awarded under sub. (1).(b) The subtotal amount awarded from each relevant fund source under s. ATCP 50.28 (1) (a).(c) Project funding extensions under sub. (6), if any.(d) Grant terms and conditions, including terms and conditions required under this section.(3) GRANT PAYMENTS. The department shall make grant payments under sub. (1) on a reimbursement basis. The department shall reimburse the county after the county certifies that the conservation practice has been properly installed and paid for and contract terms are met. To obtain reimbursement, a county land conservation committee shall do all of the following that apply using forms provided by the department:(a) File with the department a copy of the county's contract with the landowner and the supporting documentation specified in department forms to be submitted to obtain reimbursement. Cost-share contracts shall comply with s. ATCP 50.40 (8) and (9).(b) Certify the amount of reimbursement due.(c) Certify, based on documentation possessed by the county, that all applicable conditions in ss. ATCP 50.40 (10) to (12) and (14) and 50.41 are met.(d) File all reimbursement requests and required documentation such as cost-share contracts or other documents to show payment conditions are met by February 15 of the year following the grant year.(4) USE OF BOND REVENUES. (a) Bond revenue funds awarded under sub. (1) may be used for the following purposes, subject to par. (b) and the grant contract:1. To finance conservation practices identified in subch. VIII, except that bond revenue funds may not be used to finance practices identified in s. ATCP 50.67, 50.68, 50.78, 50.79, 50.82, or 50.89.2. To finance engineering services provided in connection with a conservation practice for which bond revenues may be used under subd. 1.(b) The department may not use bond revenue funds to reimburse a county for services provided by county employees, or by independent contractors working for the county.(5) UNSPENT FUNDS. The department may not use grant funds awarded to a county under sub. (1) to reimburse the county for costs that the county incurs after December 31 of the grant year, or pays after January 31 of the following year. Unspent funds remain with the department, for distribution under a future year's allocation plan.(5m) INTER-COUNTY TRANSFERS. The department may approve an agreement between counties to transfer uncommitted grant funds if all of the following apply: (a) The grant funds subject to the transfer were not previously extended by the transferring county.(b) The county transferring the grant funds certifies to the department that it has an uncommitted portion of its allocation equal to or greater than the transfer amount, and has approval of its land conservation committee to make these funds available for transfer.(c) The county receiving the grant funds has made a commitment to use the transferred funds on one or more specific projects, and has the approval of its land conservation committee to accept the transferred funds for cost-sharing on the specific projects.(d) The counties apply for the transfer of grant funds on a form provided by the department. The department may require any information on the form reasonably necessary for the department to approve the transfer of funds.(e) The grant funds being transferred were not part of their staffing allocation.(6) EXTENSIONS. (a) If a grant under sub. (1) funds a landowner contract that is signed by December 31 of the grant year but not completed by December 31 of that year, the department may extend funding for that contract in the next year's grant allocation to the county if all of the following apply:1. The county properly contracts with the landowner by December 31 of the initial grant year.2. The landowner has not taken any action in violation of the contract.3. The county land conservation committee files with the department, by December 31 of the initial grant year, a written request that identifies the projects for which the extended funds will be used, and the total funds to be extended. The department may, for good cause, accept an extension request filed between December 31 of the initial grant year and February 15 of the subsequent grant year.4. The department has not previously extended funding for the same contract from one grant year to another.(b) A county may transfer a funding extension under par. (a) from one landowner cost-share contract to another provided that the department approves an extension of both projects. Extended funds may not be used on new cost-share contracts.(7) COUNTY RECORDS. (a) A county land conservation committee shall keep all of the following records related to grants under sub. (1): 1. Copies of all county contracts with landowners, including any provisions related to operation and maintenance of installed practices.2. Documentary proof of all information that the county land conservation committee certifies to the department under this section.3. Documentation of all county receipts and payments under this section.4. Other records needed to document county compliance with this section and the grant contract.(b) A county land conservation committee shall retain records under par. (a) for at least 3 years after the committee makes its last payment to the landowner, or for the duration of the maintenance period required for the conservation practice under subch. VIII, whichever is longer. The committee shall make the records available to the department and grant auditors upon request.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.34
CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: am. (6) (a) (intro.) and 1. Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (1) (b), cr. (1) (d), am. (3) (a), (d), cr. (5m), am. (6) (a) 3., (b) Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 23-024: am. (1), (3) (intro.), (a), (c), (d), (4) (a) 1., 2., (5m) (intro.), (b) to (d), cr. (5m) (e), am. (6) (a) (intro.), 2., 3., (b), (7) (a) 1., (b) Register May 2024 No. 821, eff. 6-1-24; correction in (3) (c) made under s. 35.17, Stats., Register May 28 No. 821, eff. 6/1/2024