Land Conservation Committee


DATE: May 11, 2006
PLACE:

UW-Extension ETN West Square Building

Meeting called to order by Chair Wiese at 9:00 a.m. It was certified that the requirements of the open meeting law have been met. Present were Lehman, Wiese, and Borleske from the Committee; Peterson-WDS; Woodbury-DNR; Norgard-FSA; Brereton-NRCS; Van Berkel and Pohle-LCD. Cassity arrived later during the meeting,

Adopt Agenda:

Motion by Borleske/Zowin to adopt the agenda.
Motion carried, all in favor.

Election of Chair:

Van Berkel called for nominations for chair position. Nomination by Borleske/Zowin for Wiese. No other nominations. Motion to close nominations and cast a unanimous ballot for Wiese by Zowin/Borleske.
Motion carried, all in favor.

Election of Vice Chair:

Chair Wiese called for nominations for the position of vice chair. Nomination by Borleske/Zowin for Lehman as vice chair. No other nominations. Motion by Borleske/Wiese to close nominations and cast a unanimous ballot for Lehman.
Motion carried, all in favor.

Election of Secretary:

Chair Wiese called for nominations for the position of secretary. Nomination by Lehman/Borleske for Zowin to serve as secretary. There were no other nominations. Motion by Borleske/Wiese to close nominations and cast a unanimous ballot for Zowin.
Motion carried, all in favor.

Van Berkel suggested organizing a joint meeting and field trip for the county lake association representatives. Zowin, Borleske, and Wiese have all been appointed as representatives to lake associations. He suggested having someone from DNR or the Wisconsin Association of Lakes give a presentation on the authority of lake associations. Warren Frank representing the Lake Redstone Protection District might also be a good presenter as they have accomplished a lot over the years. Committee agreed that it would be beneficial to have a get-together inviting all the county lake associations’ members. They suggested meeting in LaValle, with an hour or so of talks and then concluding with a field trip. Committee preferred a 5:00 p.m. start on a Tuesday, Wednesday, or Thursday. Van Berkel will work on a plan for this meeting.

Wiese questioned if he needs to be reappointed to the Southwest Badger RC&D. He also suggested that a representative be appointed to replace Pam Karg. Van Berkel will check on this.

Adopt Minutes of Previous Meeting:

Motion by Zowin/Borleske to adopt the minutes of the regular LCC meeting held on April 13.
Motion carried, all in favor.

Public Comment:

There was none.

Communications:

  1. Southern Area Association announcement of spring meeting and summer tour.
  2. Town of Troy regarding road closure.
  3. DATCP regarding Gypsy Moth Spray Program.

Legislative Updates:

Van Berkel informed the LCC that the revised NR243 rules on large operation permitting processes is going to the DNR Board on May 24. The EPA has revised the method of calculating total animal unit numbers. They now only count the predominant species in the animal unit calculation. DNR was under some pressure to go the same way, but the proposal continues to use the combination of all animals on the farm to meet the total animal unit number calculation. The proposed NR243 will also prohibit surface application of solid manure on frozen/snow covered ground in February and March. It will also prohibit surface application of liquid manure on frozen/snow covered ground and would increase effort to implement the Notice of Discharge component.

Van Berkel stated that some of the agriculture organizations are opposing using mixed number animal units arguing that Wisconsin should follow the lead of the EPA.

Motion by Zowin/Borleske to go on record to support the above rule recommendations. Zowin and Borleske in favor. Wiese and Lehman opposed. Motion failed due to the lack of a majority vote.

Reports:

The LCD’s department monthly report was sent with the agenda. There was some discussion on the average soil loss of 4.3 tons per acre per year in the 2005 estimates.

Van Berkel informed the LCC that DNR Forester Paul Stearns is transferring to a job in northern Wisconsin. His position is expected to be refilled.

Brereton informed the LCC that three landowners had cancelled their Environmental Quality Incentives Program (EQIP) applications. Since Sauk County did not have any other applications to fund, the excess money (about $60,000) went back to the state. Other counties will use the money. There will be some changes in EQIP in 2007. A no-till incentive payment will be back in the state for those counties that want it. Flat rates will be used instead of percent cost share for some practices.

Norgard reported that signup for the Conservation Reserve Program (CRP) ended April 28. They received 16 applications. They will now go through a national ranking so he does not know how many will be accepted. There will be 223 CRP contracts expiring in 2007 and 255 in the 2008-2010 period. They were all sent letters regarding extensions or re-enrollments. They will need to field check everyone who wants to re-enroll/extend. The initial milk signup ends May 17. The annual feed grain program Direct Countercyclical Program (DCP) deadline is July 1.

Van Berkel brought up the question of whether the LCD should continue being a Technical Service Provider (TSP) for the federal programs. Originally we thought it would be an added source of staff funds earned by providing help to NRCS. Federal policy has made it nearly impossible to be a TSP if we are colocated with NRCS. Being a TSP also prohibits us from serving on the NRCS local work group. The federal government has not had budget funds available for TSP reimbursements. We are presently acting as a TSP preparing nutrient management plans for 12 landowners and were previously paid for planning assistance. Because there are no TSP funds, we are no longer being paid. Van Berkel questioned whether we should continue providing this assistance for free or be charging the landowner. Committee discussed implications and asked that this item be put on next month’s agenda for a decision.

Training Events:

Motion by Zowin/Borleske to approve the list of training events.
Motion carried, all in favor.

Review and Approval of Vouchers:

Voucher summaries were distributed to the Committee members. Motion by Borleske/Zowin to approve bills in the amount of $11,652.40.
Motion carried, all in favor.

Introduction of New DNR Wildlife Manager, Brian Woodbury:

Peterson introduced the new DNR Wildlife Manager Brian Woodbury. Committee discussed various wildlife issues.

Discussion Regarding Commitment of Staff Time to Noncost-Shared Practice Designs:

Van Berkel stated that the LCD is getting many requests to design noncost-shared practices. Many of them are pond requests which take on average about 40 hours per design. Van Berkel questioned how to handle the requests-should there be a waiting list, are these ponds even good for the environment, should we be providing that kind of help, should we do a ranking of practices for pollution reduction, etc. He questioned if it would be better to provide any available LCD staff help to NRCS. The Committee discussed the possibility of looking at user fees for the 2007 budget, but we will also need to consider if this is competing against the private sector.

Policy Regarding Board of Adjustment Requiring LCD Approval of Plans:

Van Berkel informed the LCC that a landowner appeared before the Board of Adjustment regarding a pond meeting setback regulations. The Board of Adjustments agreed to permit his pond construction if the LCD approved the plan, provided it had proper erosion control and if there was no harm or increased water flow onto the neighboring property. To get to this point, the landowner has paid $400 in permit fees and paid an engineer to prepare a plan. The plan, however, does not meet any of our practice standards nor the criteria that the Board of Adjustment tied to their approval. Now the individual is complaining that the County approved the pond through the Board of Adjustment but now not approving it through the Department. The Committee instructed Van Berkel to draft a letter for the next LCC meeting to the Board of Adjustment and the Planning & Zoning Department informing them that if they are going to require LCD approval any plans prepared will have to meet the pertinent NRCS specifications for the practice. The hope is that landowners will then be better informed regarding the design standards before they initiate their project.

Invasives Cost-Sharing Program:

Van Berkel stated that we have $5,000 left over from the Narrows Creek/Baraboo River Watershed cost sharing that was budgeted for the cost sharing of the control of invasive species. Staff developed a concept for the program that would: provide money for all invasive species control efforts to individual landowners; provide 50 percent cost sharing for equipment rental, chemicals, and labor; pay a maximum of $500/site; be distributed on a first come-first serve basis; have no priority area; would not be piggybacked with other cost sharing; would require an invasives species management plan prepared by LCD staff; would require compliance with all other standards (nonpoint pollution standards, cropland erosion, woodland management, etc.); and finally that staff will check the site prior to cost-share reimbursement. The program will focus on the biggest problems - multilflora rose, honeysuckle, barberry, autumn olive, garlic mustard, and buckthorn. The Committee supported these recommendations as the rules of the program for at least this first year.

Revisions to Animal Waste Management Ordinance:

Van Berkel distributed the latest draft of the ordinance and a condensed listing of the Committee decision items. Van Berkel would like to discuss these specific items in more detail at the next meeting and asked the Committee to look it over very carefully before then. After that meeting the latest draft could then be sent out to those in attendance at the public hearing. Van Berkel presented the following timeline: Decisions at the June LCC meeting; after the June LCC meeting, send out the revised draft ordinance and cover letter to those in attendance at the public hearing; invite them to the July LCC meeting for discussion; August LCC review the discussions from the July LCC meeting and make any needed changes; September hold the next public hearing; and then if things are acceptable, present to County Board in October. Committee concurred with this timeline.

Motion to adjourn until June 8 at 9:00 a.m. by Cassity/Lehman at 11:47 a.m.
Motion carried, all in favor.