Public Hearing Draft 5/26/04

Chippewa County Soil and Water Conservation Standards

SECTION I. Authority, Purpose and Applicability.

This policy and these standards are established by the Chippewa County Land Conservation Committee (LCC) pursuant to s. 92.07, 92.104, s. 92.105, 92.14, Wis. Stats., ATCP 50.16, Wis. Adm. Code, and related guidelines adopted by the Wisconsin Land and Water Conservation Board under s. 92.105(2), Wis. Stats.

The policy establishes the local soil and water conservation standards to be administered in conjunction with State agricultural nonpoint pollution control standards and prohibitions established under Wis. Stats. 281, NR151, and ATCP 50, Wis. Adm. Codes.

These standards will be implemented by the LCC under s. 92.14, Wis. Stats. and ATCP 50.10, Wis. Adm. Code. Conformance with these standards and procedures will be necessary for landowners to:

A. Establish and maintain eligibility for farmland preservation tax credits under sections and Subchapter IX of Chapter 71, and ss. 92.104 and 92.105, Wis. Stats.

B. Receive technical assistance or cost-share funding administered by the LCC under s. 92.14, 281.16(5) or 281.65, Wis. Stats, and ATCP 50.10.

These standards shall be systematically applied in the following local program applications:

A. Farmland preservation agreements which are applied for after the formal approval and adoption of these standards by the Wisconsin Land and Water Conservation Board and Chippewa County.

Note: Farmland Preservation agreements applied for prior to the approval and adoption shall be allowed to meet soil and water conservation requirements previously established under s. 91.13(8)(d), Wis. Stats., and adopted June 11, 1986.

B. Applications for State farmland preservation tax credits on land located in a district zoned exclusive agricultural use.

C. State and County funded cost-share agreements, administered by the County under s. 92.14, Wis. Stats., applied for after the approval of the Chippewa County Land and Water Resource Management Plan by the Land and Water Board and adoption of the plan by the Chippewa County Board.

D. Other circumstances, identified and adopted by the County Board, which are enumerated through separate County Board resolution or ordinance.

SECTION II. Definitions.

A. “Committee” means the Chippewa County Land Conservation Committee.

B. “Cropland” means land used for the growing and harvesting of grains, legumes, grasses, fruits or vegetables; including land used for such purposes that may occasionally be used for livestock pasture.

C. “Department” means the Chippewa County Land Conservation Department.

D. “Farmland” means lands used for any agricultural uses defined in s. 91.01(1), Wis. Stats., including beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising, raising of grain, grass, mint and seed crops; raising of fruits; nuts and berries; sod farming; placing land in federal programs in return for payments in kind; and vegetable raising.

E. “Participant” means a landowner who owns land that is subject to an effective farmland preservation agreement under s. 91.13, Wis. Stats., or is included on a zoning certificate issued during the most recent program year under s. 71.09(11)(h), Wis. Stats.

F. “RUSLE 2” means the Revised Universal Soil Loss Equation - Revision 2, a mathematical formula used to estimate or predict average annual soil erosion rates due to sheet and rill erosion caused by rainstorms on specified land areas.

G. “Technical Guide” means the Wisconsin edition of the United States Department of Agriculture Soil Conservation Service Technical Guide.

H. “T-Value” means the maximum average annual rate of soil erosion for each soil type that will permit a high level of crop productivity to be sustained economically and indefinitely. T-Values of soils are specified in Sections I and II of the Technical Guide.

I. “Wetland” means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophtic vegetation typically adopted for life in saturated conditions.

J. “Wind Erosion Equation” means the mathematical formula for estimating or predicting average annual soil erosion rates due to wind erosion, as described in Section I of the Technical Guide.

SECTION III. County Soil and Water Standard(s).

The following soil and water conservation standards are established pursuant to s. 92.07 and 92.105, Wis. Stats.

A. Manage soil erosion on farmland to achieve and maintain a soil erosion rate equal to, or less than, the “tolerable” (T) rate on individual fields and management areas. Soil erosion rates shall be determined for each soil and cropland management area through use of the mathematical formula titled: Revised Universal Soil Loss Equation (RUSLE 2), or if applicable, a documented wind erosion equation.

In planning and managing cropping systems using RUSLE 2, all areas of concentrated flow identified on the Chippewa County Soil Survey, located within the managed crop area, shall be treated or managed to prevent channelized rill and gully erosion from concentrated runoff by:

1. Installing a constructed waterway system, or

2. Establishing and maintaining a protective sod cover, or

3. Maintaining a permanent cover of crop residue sufficient to demonstrate that channelized rills will not form.

This erosion standard shall be applied in all cases when RUSLE 2, or an affiliated model using RUSLE 2 outputs, is used to:

1. Estimate rates of soil erosion, sediment delivery, or phosphorus delivery for the purpose of administering a state agricultural performance standard or prohibition, or

2. Plan a cropping system or a nutrient or pest management system used to meet a state agricultural performance standard or prohibition.

B. Conduct agricultural activities without draining, filling, flooding, or otherwise altering the hydrology of mapped wetlands. This standard shall apply to all wetlands meeting defined criteria established in the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. This standard shall be administered in conjunction with the general regulations of Section 3.0 through 7.0 of the Chippewa County Shoreland Zoning Ordinance, the provisions of Chapters 30 and 31 of the Wisconsin Statutes, and other state and federal law when applicable.

Agricultural activities allowed under this standard are those which are conducted without filling, flooding, excavating, dredging, ditching, tiling, or otherwise draining wetlands including:

1. All cropland activities, including the growing and harvesting of grains, legumes, grasses, fruits or vegetables which can be periodically supported in dry years.

2. The pasturing of livestock.

3. Silviculture practices including the planting, thinning, and harvesting of timber.

4. Harvesting of wild crops including marsh hay, wild rice, berries, tree fruits, and seeds in a manner that is not injurious to the natural reproductives of such crops.

5. All other agricultural activities supporting “Farmland” as defined in IIc.

3. Manage land use to achieve compliance with agricultural nonpoint pollution performance standards and prohibitions as established in Wis. Stats. 281 and NR151, according to a schedule of compliance established by the committee.

SECTION IV. Schedule of Compliance.

The soil and water conservation standards in Section III shall be achieved and maintained according to a schedule of compliance established by the committee.

A. With respect to erosion standards of Section IIIA, and agricultural nonpoint pollution performance standards and prohibitions of Section IIIC, the committee may use a schedule of compliance to schedule technical services and cost-share funding to assist the landowner achieve compliance. In setting the length of the schedule, the committee shall consider:

1. The physical properties and nature of the landscape.

2. The extent of current compliance.

3. The on and offsite environmental impacts of noncompliance.

4. The availability of public funding and technical service from public agencies.

5. The financial and technical limitations of the County.

B. With respect to standards for wetlands management enumerated in Section IIIB:

1. The standard shall go into effect at the time the applicant files an application for a farmland preservation agreement, first requests an exclusive agricultural zoning certificate, or signs a State or local cost-share agreement.

2. The standard shall remain in effect for the contractual period of the farmland preservation commitment, or for the contractual period of a State or local cost-share or service agreement.

SECTION V. Variances.

A. The committee may authorize a variance from the schedule of compliance when, upon a showing by the landowner, unnecessary hardship would result from meeting the schedule of compliance. The grant of a variance for unnecessary hardship must be based on findings by the committee that:

1. The schedule of compliance, by itself, would preclude a reasonable return from the land in question.

2. The plight of the owner is due to unique circumstances and not to the general conditions of the area which may reflect the unreasonableness of the schedule of compliance itself; and

3. The conditions authorized by the variance will not have significant off-site impacts.

All requests for variances shall be submitted by the applicant on forms provided by the County and shall be accompanied by written documentation which is adequate to support an objective analysis and finding of fact.

B. With respect to variances from the schedule of compliance to achieve erosion standards , or agricultural nonpoint pollution performance standards and prohibitions, the unavailability of cost-sharing funds to install needed practices, by itself, will not be sufficient ground for the committee to grant a variance. The availability of cost-sharing funds may be considered in determining reasonable return under A, however, a variance will not be granted to allow time for the implementation of an expensive conservation practice when a less expensive practice would allow the landowner to meet the standard schedule of compliance.

C. With respect to the standard for wetland management, the committee may grant a variance for:

1. The periodic maintenance or repair of agriculture drainage systems only to the extent necessary to maintain the level of drainage required to continue existing agricultural use of the site or adjacent fields and only where permissible under Section 30.20 of Wis. Statutes and Section 9.33 of the Chippewa County Shoreland Zoning Ordinance.

2. Operational activities in support of existing cultural cranberry bogs, including flooding, dike and dam repair, and drainage system maintenance.

3. Limited excavating and filling necessary for the maintenance, repair, replacement, and reconstruction of existing town and county highways and bridges.

4. The construction and maintenance of roads which are necessary to conduct agricultural and silvicultural activities provided that:

a. The road cannot, as a practical matter, be located outside the wetland;

b. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland;

c. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

d. Road construction activities are carried out in the immediate area of the roadbed only; and

e. Any filling, flooding, draining, dredging, ditching, tiling, and excavating must be necessary for the construction or maintenance of the road.

5. The construction of maintenance of nonresidential buildings, provided that:

a. The building cannot, as a practical matter, be located outside the wetland.

b. Such building is not used for human habitation and does not exceed 500 square feet in floor area; and

c. Only limited excavating and filling necessary to provide structural support for the building is allowed.

6. Other activities which would not have a significant adverse impact on the physical characteristics of the wetland.

A variance from the standard for wetland management shall not be granted if the proposed activity may result in a significant adverse impact on any of the following:

a. Storm and flood water storage capacity.

b. Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland.

c. Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters.

d. Shoreline protection against soil erosion.

e. Fish spawning, breeding, nursery, or feeding grounds.

f. Wildlife habitat; or

g. Areas of special recreational, scenic or scientific interest, including scarce wetland types.

SECTION VI. Administration.

This policy shall be administered by the Chippewa County Land Conservation Department, under the direction of the Land Conservation Committee. The County Conservationist will be responsible for the daily administration of these standards and procedures. Technical assistance may also be provided by available staff of other designated state or federal agencies.

A. Onsite Evaluation.

The department will conduct an onsite evaluation to document which standards apply to each parcel or livestock facility and the extent of current compliance.

The administrative process that will be used is defined in the document titled: Implementation Strategy for NR151 Agricultural Performance Standards and Prohibitions, (4/29/04), and associated Memorandum of Understanding (M.O.U.) between Chippewa County and the DNR.

For participants who are subject to or who are out of compliance with the standards, the committee shall establish a schedule of compliance.

1. When screening for compliance with the soil erosion standards and agricultural performance standards under Section IIIA, the land use and land cover applied to fields during the preceding five year period or full crop rotation will be applied to calculate the rates of soil erosion.

2. When administering the wetland management standard established in Section IIIB:

a. The aerial extent and boundaries of wetlands shall be documented in the participant’s case file. This shall include an assessment of Wisconsin Inventory Type, soil type, hydrologic regime, and current land use.

b. The existence and condition of artificial drainage systems within, or adjacent, the wetland area shall be documented. This shall include the location, design, and maintenance of the drainage system and an assessment of the system’s condition and efficiency.

Where an apparent discrepancy exists between a wetland boundary shown on either the Wisconsin Wetland Inventory Maps or USDA wetland inventory maps, and actual field conditions.

An onsite investigation shall be conducted to review the accuracy of mapped wetland boundaries.

If the investigation shows that the wetland area was incorrectly mapped or that the wetland boundaries had been altered through natural or artificial means, the department shall inform the custodial agencies of the inconsistency and a map amendment.

B. Compliance.

1. Certification. Landowners subject to the County Soil and Water standards under Section I shall certify in writing each year that they are in compliance with the soil and water conservation standards required in Section III. For participants with schedule of compliance, the landowners shall certify that the annual progress to achieve required standards has or has not been accomplished. Certification may be made by mail or in person to the Chippewa County Land Conservation Department on forms provided by the committee. Certification must be made by October 31 of each year.

2. Spot Checking. The committee will systematically verify compliance with the required soil and water conservation standards at least once every four years. This determination will be made through a combination of field review and examination of aerial photos or slides.

3. Notice of Noncompliance. The committee will issue a “Farmland Preservation notice of noncompliance” or a NR151 letter of noncompliance to any landowner who does not comply with the standards in Section III or meet conditions of a schedule of compliance under Section IV.

A field inspection of the farm operation will be requested prior to issuance of the letter or notice.

The letter or notice may be issued in circumstances where a landowner fails to:

a. Participate in the certification process by providing information or certifying compliance with the standards.

b. Permit access for a reasonable inspection to verify compliance.

Copies of the “Farmland Preservation notice of noncompliance” will be forwarded to the appropriate zoning authority, the Wisconsin Department of Revenue, and the Wisconsin Department of Agriculture, Trade, and Consumer Protection. Landowners issued a Farmland Preservation notice of noncompliance will not be allowed to claim farmland preservation tax credits unless the notice of noncompliance is subsequently canceled by the committee under s. 92.104(4) or s. 92.105(5), Wis. Stats.

4. Hearing. Prior to issuing a notice of a “Farmland Preservation noncompliance”, the committee will notify the affected landowner by registered mail that the committee is considering issuing the notice of noncompliance. The affected landowner will be given an opportunity at a regular committee meeting to present reasons why the notice of noncompliance should not be issued. The committee will provide at least 10 days notice to the landowner prior to the committee meeting at which the landowner should appear.

5. Cancellation of Notice of Noncompliance. If a landowner, who has been issued a “Farmland Preservation notice of noncompliance”, subsequently complies with the required soil and water conservation standard(s) the committee will cancel the notice of noncompliance.

The cancellation of the “Farmland Preservation notice of noncompliance” must be based on a request from the affected landowner and a field inspection of the farm operation. Notice of the cancellation of the notice of noncompliance will be given to the appropriate zoning authority, the Wisconsin Department of Revenue, and the Wisconsin Department of Agriculture, Trade, and Consumer Protection.

SECTION VII. Annual Report.

By December 31 of each year, the committee will prepare a report of the status of administering this policy. The report will include the number and location of parcels evaluated, the number and location of parcels complying with standards, the number and location of parcels at various stages of schedules of compliance, the type, number, and location of variances granted, and the number and location of letters and notices of noncompliance issued.

SECTION VIII. Amendments.

This policy may be amended following a public hearing held by the committee for which a Class 2 notice shall be published. All amendments shall be consistent with the Wisconsin Land and Water Conservation Board Guidelines for Soil and Water Conservation Requirements in the Farmland Preservation Program.

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