[HISTORY: Adopted by the Board of Supervisors of Washington
County as Ch. 15 of the 1998 Code. Amendments noted where applicable.]
A.
Establishment. There is hereby established a Land Conservation Committee
for Washington County in accordance with § 92.06, Wis. Stats.
[Amended 10-9-2019 by Ord. No. 2019-12]
B.
Authority. This chapter is hereby adopted to fulfill the legislative
intent set forth at § 92.02, Wis. Stats., and under the
general authorities granted by Chapters 59, 92, and 281 of the Wisconsin
Statutes.
[Amended by Ord. No. 2016-8]
C.
Membership. The Land Conservation Committee shall be comprised of
the Land Use and Planning Committee and the Chairperson of the Farm
Services Agency (FSA Committee) or the designee of the FSA Committee
Chairperson from the membership of the FSA Committee.
[Amended by Ord. No. 2016-8]
D.
Per diem. The FSA Committee representative shall be entitled to per
diem or reimbursement from the County as provided by § 92.06(1)(d),
Wis. Stats.
[Amended by Ord. No. 2016-8]
E.
Terms. Members shall serve a two-year term, commencing with the organizational
meeting of the County Board.
[Amended by Ord. No. 2016-8]
A.
The Land Conservation Committee, herein after referred to as the
"Committee," shall have such powers as may be necessary to enable
it to perform its functions and duties to promote the conservation
of soil, water and other natural resources in the County, and such
powers shall include the following:
[Amended by Ord. No. 2016-8]
(1)
To develop policies in support of management practices to control
soil erosion, sedimentation and nonpoint sources of water pollution.
(2)
To use the rules promulgated under § 281.16(3)(e), Wis.
Stats., to determine the availability of funds and to distribute and
allocate federal, state, County and other funds made available to
the Committee for cost-sharing programs or other incentive programs
for improvements and practices relating to soil and water conservation
on private or public lands, and, within the limits permitted under
these programs, to determine the methods of allocating these funds.
(3)
To develop and adopt policy or guidelines necessary to carry out
the Committee's responsibilities or duties through federal, state
or County programs under the authority of the Committee, including
a Land and Water Resource Management Plan for Washington County.
(4)
To recommend ordinances for County Board approval which may regulate
land use, land management and pollutant management practices by the
authority of and in accordance with procedures established by state
statutes and administrative rules.
(5)
To review and authorize the County Executive, County Board Chairperson
and County Clerk to enter into contracts, agreements, and other instruments
as necessary and, within the authority granted by the County Board,
to carry out its duties.
[Amended 5-12-2021 by Ord. No. 2021-2]
B.
The Committee shall have all additional powers and duties granted
or assigned by the Wisconsin Statutes to land conservation committees,
and any amendments thereto are hereby granted or assigned to the Committee,
and such statutes are hereby adopted by reference.
The Committee shall have the following functions and duties:
A.
To develop, establish and maintain the conservation of soil, water
and other natural resources in the County contained in the Land and
Water Resource Management Plan.
[Amended by Ord. No. 2016-8]
B.
To provide technical assistance through its appointed agents and
employees to landowners or land operators and units of government
in applying soil and water conservation principles and practices,
in support of and in cooperation with federal, state or local programs.
C.
To identify County information/educational needs relating to soil
and water conservation.
[Amended by Ord. No. 2016-8]
E.
To review and make recommendations for County Board action on matters
relating to the following:
[Amended by Ord. No. 2009-13; Ord. No. 2016-8]
(1)
The development, adoption, implementation and maintenance of all
natural resource management plans, specifically those aimed to control
soil erosion or to protect or improve surface water and groundwater
resources in the County. Such plans may include, but are not limited
to, the following: Aquatic Invasive Species (AIS) Strategic Plan,
Total Maximum Daily Load Plan in accordance with the United States
Clean Water Act,[1] lake management plans, County animal waste management
plans and the County Land and Water Resource Management Plan.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
(2)
The County's policy toward or participation in programs relating
to water pollution control, soil conservation, drainage/flood management,
farmland preservation and farmland protection, wildlife management/damage
and abatement, forestry or other natural resources management issues
or programs within the County.
F.
To actively solicit public participation in the planning and evaluation
of soil and water conservation programs.
[Amended by Ord. No. 2016-8]
G.
To hear appeals on matters relating to the following:
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
(1)
The issuance of a notice pursuant to Ch. ATCP 50, Wis. Adm. Code,
to landowners who are found to be in violation of the agriculture
performance standards and prohibitions of Ch. NR 151, Wis. Adm. Code.
(2)
The denial of an animal waste storage facility permit or any regulatory action taken by the Land and Water Conservation Division relating to animal waste storage, in accordance with Chapter 135, Animal Waste Storage Facilities, of the Code of Washington County.
(3)
Any crop damage abatement measures or crop damage claimed by a landowner
through the Wisconsin Wildlife Damage Abatement and Claims Program.
H.
To establish fees, set policy and develop guidelines related to the administration of County animal waste storage facility, erosion control and stormwater management and nonmetallic mining reclamation requirements under Chapter 135, Animal Waste Storage Facilities; Chapter 238, Erosion Control and Stormwater Management; and Chapter 265, Mining, Nonmetallic, of the Code of Washington County.
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
A.
Creation. There is hereby established a Land and Water Conservation
Division of Washington County Planning and Parks Department, herein
referred to as the "Division," of which the position of County Conservationist
shall serve as Division Manager. Other Division positions are described
in the Official Staffing Plan.
B.
Supervising committee. The Land Conservation Committee shall have
jurisdiction over the activities and functions of the Land and Water
Conservation Division, subject to the overarching authority of the
County Board.
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
C.
Duties of the Land and Water Conservation Division. The Land and
Water Conservation Division shall be responsible for the following:
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
(1)
The implementation of all policies and programs under the jurisdiction
of the Land Conservation Committee or as assigned by this section.
(2)
The animal waste storage facility requirements of Chapter 135, Animal Waste Storage Facilities, of the Code of Washington County.
(3)
The soil erosion control and stormwater management requirements of Chapter 238, Erosion Control and Stormwater Management, of the Code of Washington County.
A.
Technical standards. The following standards are adopted, recognizing
the need for sound technical standards in order to provide adequate
protection of the County's natural resources, to ensure proper and
consistent planning and application of all recommended conservation
practices, and to minimize County liability:
[Amended by Ord. No. 2016-8]
(1)
The technical standards, specifications and other planning and design
references set forth in the Wisconsin edition of the Natural Resources
Conservation Service Field Office Technical Guide, published by the
Natural Resources Conservation Service (NRCS) of the United States
Department of Agriculture.
(2)
The technical standards, specifications and design references set
forth in Chapter NR 151, Wis. Adm. Code, for the nonagriculture performance
standards developed by the Wisconsin Department of Natural Resources.
(3)
The methods of calculating storm runoff volume, peak rate of discharge,
hydrographs and storage volumes for floodwater reservoirs as described
in Technical Release 55, Urban Hydrology for Small Watersheds, published
by the Natural Resources Conservation Service of the United States
Department of Agriculture.
B.
Amendments to standards. Any future amendment, revision or modification
of the standards referenced in this section, unless otherwise noted,
are hereby made a part of this chapter.
C.
Engineering. For those reasons stated in Subsection A above, the need for engineering assistance and a system of quality control in the design and implementation of conservation practices is recognized. To address the need for engineering assistance, the County may utilize the following:
[Amended by Ord. No. 2004-27; Ord. No. 2016-8]
(1)
Land and Water Conservation Division staff, which has been certified
by the NRCS or the Wisconsin Department of Agriculture, Trade and
Consumer Protection (DATCP), may be relied upon if approved in concurrence
with the County Conservationist. Any proposed changes or additions
shall be brought before the County Conservationist before final action
is taken.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(2)
Engineering assistance may be sought from sources other than NRCS,
DATCP or the Land and Water Conservation Division. All engineering
services provided by other sources shall be with licensed professional
engineers. All contracts with the private sector shall be approved
in accordance with other applicable sections of this Code and Wisconsin
Administrative Rules.
D.
Conservation planning. Conservation planning is available and provided
in cooperation with NRCS as guided by the standards set forth herein.
[Amended by Ord. No. 2016-8]
(1)
Definition. A "conservation plan" is a written record of a landowner's
or land operator's management decisions and the conservation practices
planned to be used or maintained on a given parcel of land.
(2)
Purpose. The purpose of a conservation plan is to document how a
landowner or land operator is or will preserve or enhance the soil,
water and other natural resources present on the subject land. The
particular resource management objectives of any conservation plan
may vary depending on the owner or operator's preference as well as
possible government program requirements or regulations.
(3)
Minimum technical standards. Conservation plans developed for landowners or land operators in Washington County shall be in accordance with the minimum technical standards found in Subsection A above or required by applicable laws or program administrative rules. Where there is a conflict, the more stringent technical standard shall apply.
(4)
Conservation plan approval. Conservation plans developed for landowners
or land operators shall be approved in accordance with the following:
(a)
Conservation plans prepared in cooperation with, or to satisfy
the requirements of United States Department of Agriculture (USDA)
programs shall be presented for approval or disapproval to the District
Conservationist of the USDA. The District Conservationist shall certify
that these conservation plans meet all applicable technical standards.
(b)
Conservation plans or amendments thereof prepared in cooperation
with, or to satisfy the requirements of, state, County or other nonfederal
programs shall be presented for approval or disapproval to the County
Conservationist. The County Conservationist shall certify that these
conservation plans meet all applicable technical standards.
(5)
Variances. Any conservation plan or amendment of a conservation plan that contains a planned conservation system which does not meet the technical standards found in Subsection A above shall be presented to the Committee for approval or disapproval of a variance along with a detailed summary of field conditions, management decisions, estimates of soil erosion and the tolerable erosion rate for the dominant soil type. The Committee may request field checks of soil erosion calculations prior to taking action on the proposed variance. The Committee may not grant a variance from any technical standard that is required by applicable law or program administrative rule.
[Amended by Ord. No. 2000-5; Ord. No. 2016-8]
A.
Establishment. The following policy is hereby established for bidding
and cost-sharing conservation projects carried out using state or
local cost-share funding.
B.
Purpose. The policies and procedures described in this section were
developed for the following purposes:
(1)
To facilitate an effective and competitive process and to clearly
establish that awards are made by the landowner, and contracts are
between the landowner and contractor.
(2)
To assist cost-share recipients with soliciting bids from capable
and interested contractors.
(3)
To contain costs and satisfy such requirements in state cost-share
programs administered by the County as described in §§ ATCP
50.40, NR 120.19 and NR 153.23, Wis. Adm. Code.
(4)
To encourage fairness and consistency for contractors.
C.
Policy. The Committee shall prepare a document, herein described
as "LCC procedures," which outlines the Committee's bidding and cost-sharing
procedures for conservation projects under contract with the Committee.
Said LCC procedures shall be made available to the general public
and shall include the following:
(1)
The Committee must authorize all cost-sharing agreements and amendments
to these agreements.
(2)
All projects estimated to cost $5,000 or greater shall follow the
bidding and cost-share procedure identified herein.
(3)
Bidding is optional for all projects with total estimated costs below
$5,000 or where there are established flat cost-share rates identified
in the Wisconsin Administrative Code. However, projects not bid will
be subject to other cost-containment requirements as specified in
the LCC procedures.
(4)
The Committee shall establish and keep current in-kind rates and
average costs to be used for reimbursement of costs of conservation
work as identified in the LCC procedures.
(5)
Documentation of all cost-sharing reimbursements made through this
chapter shall be consistent with county requirements, applicable program
administrative rules and state or federal law.
