Chapter NR 120

NR 120.02(39) (39) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 120.02 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.03 NR 120.03 Role of governmental units in watershed plan development. A governmental unit may prepare any portion of the watershed plan provided the department and the governmental unit agree that the governmental unit has the appropriate technical, financial and staffing capability. The governmental unit shall prepare the elements of the watershed plan in accordance with s. NR 120.08 (1) (b). This requirement may be waived if the department and the governmental unit agree that nonparticipation by the governmental unit will not impair the objectives of the watershed plan.

NR 120.03 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.04 NR 120.04 Role of citizen advisory committee. The department, in cooperation with governmental units, shall appoint a citizen advisory committee for each priority watershed and priority lake project in accordance with s. 281.65 (4) (dr), Stats. The citizen advisory committee shall advise the department, DATCP and governmental units concerning all aspects of the planning and implementation program for their specific priority watershed or priority lake project.

NR 120.04 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.05 NR 120.05 Responsibilities of state agencies, governmental units and agents as cost-share recipients. Each state agency, unit of government or agent receiving cost-sharing funds in a nonpoint source grant shall do all of the following:

NR 120.05(1) (1) Provide the department with verification of proper installation, operation and maintenance of best management practices for which it is the cost-share recipient.

NR 120.05(2) (2) Prepare and maintain adequate fiscal management and technical assistance files as described in ss. NR 120.25 and 120.26.

NR 120.05(3) (3) Obtain prior written approval from the department for use of nonpoint source grant funds for best management practices installed on land owned or operated by the grantee.

NR 120.05 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.06 NR 120.06 Incorporation of the department of agriculture, trade and consumer protection’s planning elements.

NR 120.06(1) (1) The department shall assist DATCP in developing the following elements of priority watershed plans as described in s. 281.65 (5), Stats.:

NR 120.06(1)(a) (a) Proposed farm-specific implementation schedules for providing technical assistance, contacting landowners, inspection and disbursement of grants on those farms that are identified in the approved priority watershed plan.

NR 120.06(1)(b) (b) Proposed agriculturally related best management practices to achieve the water quality objectives of the plan.

NR 120.06(1)(c) (c) Identification of those farms which are subject to subch. V of ch. 91, Stats.

NR 120.06 Note Note: All landowners claiming farmland preservation tax credits are required to meet land and water conservation standards specified in s. ATCP 50.16. A copy of ch. ATCP 50 may be obtained, at no charge, from the Department of Agriculture, Trade and Consumer Protection’s website at: http://datcp.wi.gov/ATCP50.

NR 120.06(2) (2) The department shall assist DATCP and the county involved in a watershed project in developing a proposed project management schedule for the installation of agriculturally related best management practices.

NR 120.06(3) (3) The department shall approve and incorporate the elements described in subs. (1) and (2) into the priority watershed plan.

NR 120.06 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663..

NR 120.08 NR 120.08 Watershed plans.

NR 120.08(1) (1) Watershed plan content.

NR 120.08(1)(a) (a) Watershed plan. In cooperation with DATCP and the appropriate governmental unit, the department shall prepare watershed plans for all priority watersheds. A participating governmental unit located within the priority watershed shall identify, in writing, a person to represent the unit of government during watershed plan preparation. The watershed plan shall consist of a watershed assessment, a detailed program for implementation, and a project evaluation strategy. Priority watersheds and priority lakes selected after August 12, 1993, shall have critical sites designated in the plan.

NR 120.08(1)(b) (b) Watershed assessment. The department, in cooperation with the appropriate governmental units, shall prepare a watershed assessment analyzing the water quality problems or threats to the water quality in the watershed’s lakes, streams, wetlands and groundwater and which determines the nonpoint sources causing the problem or threat. The watershed assessment shall contain:

NR 120.08(1)(b)1. 1. An identification of the water quality problems or threats to water quality including degradation of fish habitat and wetlands caused by nonpoint sources of pollution in the watershed.

NR 120.08(1)(b)2. 2. An identification of water quality objectives to maintain and improve the quality of lakes, streams, wetlands and groundwater of the watershed.

NR 120.08(1)(b)3. 3. An identification of target levels of pollutant control and resource protection necessary to meet the water quality objectives.

NR 120.08(1)(b)4. 4. An identification and ranking of significant nonpoint source types and contributing areas.

NR 120.08(1)(b)5. 5. A designation of critical sites listing their respective water quality problems or threats to water quality.

NR 120.08(1)(b)6. 6. A listing of and an analysis of need for best management practices which will significantly aid in the achievement of the target level of pollution abatement.

NR 120.08(1)(b)7. 7. An assessment of the need for the protection and enhancement of fish and wildlife habitat, endangered resources, aesthetics or other natural resources.

NR 120.08(1)(b)8. 8. An analysis of the need for adoption of local ordinances for manure storage, construction site erosion control and storm water management.

NR 120.08(1)(c) (c) Detailed program for implementation.

NR 120.08(1)(c)1. 1. As required under s. 281.65 (6) (a), Stats., governmental units except those waived under s. NR 120.03 shall prepare the following portion of the detailed program for implementation including:

NR 120.08(1)(c)1.a. a. An estimate of costs for practice installation.

NR 120.08(1)(c)1.b. b. An information and education strategy.

NR 120.08(1)(c)1.c. c. A description of fiscal management procedures, including cost containment procedures.

NR 120.08(1)(c)1.d. d. An estimate of technical assistance needs.

NR 120.08(1)(c)1.e. e. A grant disbursement and project management schedule.

NR 120.08(1)(c)1.f. f. An identification of those urban storm water control practices, techniques or measures included in a municipal WPDES storm water permit for which the local governmental unit may seek either local assistance or nonpoint source grant funding through the priority watershed or priority lake project under ch. NR 153.

NR 120.08(1)(c)1.g. g. An identification of the state and local regulatory framework under which erosion control activities shall be conducted.

NR 120.08(1)(c)1.h. h. An identification of those storm water management activities identified in the watershed plan that shall be included as part of the core urban program for the local governmental unit and funded under this chapter and ch. NR 153. Core urban program activities may include: information and education activities; development, implementation and enforcement of construction erosion control ordinances; and development and implementation of activities, including, but not limited to, those activities that reduce storm water pollution from lawn and leaf litter, pet waste, road salting and illicit dumping into the storm sewer system. When adoption of a construction site erosion control ordinance is required under the watershed plan, it shall be considered a core program activity and the schedule for urban implementation activities shall provide for adoption, implementation and enforcement of the ordinance within 2 years of the date the department approves the watershed plan.

NR 120.08(1)(c)1.i. i. An identification of those storm water management activities identified in the watershed plan that may be included as part of the segmented urban program for the local governmental unit and funded under this chapter and ch. NR 153. Segmented urban program activities may include: storm water planning for urban and urbanizing areas; development, implementation and enforcement of local storm water management ordinances; engineering site feasibility studies for urban best management practices; design, installation and maintenance of urban best management practices; and development of local institutional mechanisms to fund and administer storm water management programs.

NR 120.08(1)(c)1.j. j. A schedule of rural implementation activities. When adoption of a manure storage ordinance is required under the watershed plan, the schedule shall include a provision stating that a manure storage ordinance shall be adopted within 2 years of the date the department approves the watershed plan.

NR 120.08(1)(c)1.k. k. A schedule for urban implementation activities.

NR 120.08(1)(c)1.L. L. A schedule for the completion within 5 years of plan approval of the inventory of land resources in the priority watershed or priority lake to locate sites which meet the critical sites criteria.

NR 120.08(1)(c)1.m. m. An implementation strategy to direct staff effort at sites in proportion to the amount of pollutants contributed until pollutant reduction goals are met. The strategy shall contain a schedule for notification to landowners of critical sites.

NR 120.08(1)(c)1.n. n. A description of the measures of performance for the priority watershed or priority lake project.

NR 120.08(1)(c)1.o. o. A strategy for measuring progress toward meeting pollutant reduction goals and water quality objectives.

NR 120.08(1)(c)2. 2. The department shall prepare a strategy to address the protection, enhancement and mitigation of fish and wildlife habitat, endangered resources, aesthetics or other natural resources through the identification of best management practices, provision of information and education programs and involvement of other resource management programs.

NR 120.08 Note Note: Wisconsin’s Forestry Best Management Practices for Water Quality: A Field Manual for Loggers, Landowners and Land Managers may be obtained, at no charge, as a reference for forestry activities from the Bureau of Forestry, Department of Natural Resources, Box 7921, Madison, WI 53707.

NR 120.08(1)(d) (d) Project evaluation plan. The department shall prepare as a portion of each priority watershed plan a project evaluation strategy. The evaluation strategy shall contain criteria and procedures to evaluate the water resource and land management components of the project.

NR 120.08(2) (2) Watershed plan review and approval.

NR 120.08(2)(a) (a) Watershed plan development meeting. During the preparation of the watershed plan, the department and the participating governmental units shall hold a public information meeting in the watershed to solicit comments and information pertinent to the preparation of the plan. Following the information meeting, a proposed watershed plan shall be drafted.

NR 120.08(2)(b) (b) Watershed plan hearing. After a proposed watershed plan has been drafted, the department and the participating governmental units shall hold a public informational hearing for comment on the proposed watershed plan.

NR 120.08(2)(c) (c) Submittal of watershed plan to DATCP, county and other governmental units. Within 45 days after the public informational hearing, the department shall submit the draft watershed plan to DATCP for comment; to the appropriate county or counties for approval; and at the discretion of the department, to other governmental units for review and comment.

NR 120.08(2)(d) (d) County approval of watershed plan. Within 60 days of receipt of the draft watershed plan, the appropriate county shall approve, conditionally approve or reject the watershed plan. If the county conditionally approves or rejects the watershed plan, the department may revise the watershed plan to address the issues identified.

NR 120.08(2)(e) (e) Submittal of watershed plan to land and water conservation board. A copy of the county approved plan shall be submitted to the land and water conservation board created under s. 15.135 (4), Stats., for its approval.

NR 120.08(2)(f) (f) Final approval of individual county plan. Upon receiving the approval of the land and water conservation board, the department shall approve the final plan for the priority watershed or priority lake area in accordance with s. 281.65 (5m), Stats. The date that the secretary of the department signs the approval letter to the project sponsors marks the beginning of eligibility for funding for implementation. Notwithstanding par. (d), the department may approve the watershed plan for individual counties in multi-county watershed projects if the respective county approves the watershed plan.

NR 120.08(3) (3) Areawide water quality management plan revision. After approval of the detailed program for implementation, the watershed plan shall be approved as a revision to the areawide water quality management plan for the appropriate basin as described in ss. NR 121.07 and 121.08.

NR 120.08(4) (4) Watershed plan revision.

NR 120.08(4)(a) (a) Plan revisions may be initiated by either the governmental unit or the department. The approved watershed plan may be revised using the procedures in ss. NR 121.07 and 121.08 for amending areawide water quality management plans.

NR 120.08(4)(b) (b) Plan revisions which add or change criteria for critical sites shall be approved by the land and water conservation board and by every governmental unit which approved the original watershed plan.

NR 120.08(4)(c) (c) Plan revisions which add or change criteria for critical sites for projects which have fewer than 4 years remaining for implementation shall include a schedule for notification to landowners which will allow implementation of best management practices at the critical sites to be completed before the end of the nonpoint source grant period.

NR 120.08(4)(d) (d) The department shall approve or reject a governmental unit’s request for a revision to the watershed project’s detailed program for implementation within 90 days of receipt of the revision request.

NR 120.08 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.09 NR 120.09 Notification and status of critical sites.

NR 120.09(1) (1) Start of notification process. Within 6 months following issuance by the department of the first nonpoint source grant after department watershed plan approval to a project sponsor for a priority watershed or priority lake project, the process of notification to landowners shall begin. The first to begin the process shall be those highest-ranked critical sites based on estimated pollutant contribution, which together would provide at least 25% of the pollutant reduction goal for inventoried sites available at the time the final plan is written, if best management practices were applied at those sites. Notification shall proceed in accordance with the schedule identified in the plan. The department may grant up to three 90-day extensions of this 6 month period to allow verification under sub. (2).

NR 120.09(2) (2) Verification. The purpose of verification is to assure that individual sites within the watershed meet the criteria for critical sites and to conduct site visits and complete the inventory of nonpoint sources on additional lands in the watershed owned by those landowners with sites which meet the criteria for critical sites. If the landowner has not signed a cost-share agreement for required best management practices, the verification findings shall be reported in writing to the department. Verification shall include an on-site assessment before a notification letter can be issued.

NR 120.09(3) (3) Content of notification letter. Within 60 days after receiving the verification findings, the department shall send notification to the landowner to include the following information:

NR 120.09(3)(a) (a) The dates of the beginning and end of the 36-month period of cost-share availability.

NR 120.09(3)(b) (b) The potential consequences of either s. NR 120.18 (1) (a), ch. NR 243 or s. 281.20 (1), (3) or (5), Stats., that the landowner may face if no action is taken and the site continues to meet the critical sites criteria described in the watershed plan.

NR 120.09(3)(c) (c) The right to appeal the designation as a critical site through a written request to the county land conservation committee within 60 days of receipt of the notification letter as described in s. 281.65 (7) (a), (b) and (c), Stats.

NR 120.09(3)(d) (d) Additional information as requested and prepared by the local governmental unit.

NR 120.09(4) (4) Postponement of notification letter. The department shall postpone notification to any landowner who has signed a cost-share agreement and continues to comply with the annual progress and implementation schedules described in s. NR 120.13. If the landowner is responsible for failure to comply with the schedules, the department shall send the notification.

NR 120.09(5) (5) Completion of notification schedule. Notification to landowners shall be completed within 5 years and 60 days of the issuance of the first nonpoint source grant for the project after department plan approval.

NR 120.09(6) (6) Change in critical site status. A site is no longer considered a critical site if one of the following conditions applies:

NR 120.09(6)(a) (a) The site no longer meets the criteria for critical sites.

NR 120.09(6)(b) (b) The site has had best management practices implemented in accordance with the cost-share agreement.

NR 120.09(6)(c) (c) The department determines that the water quality objectives for the watershed have been achieved.

NR 120.09(7) (7) Prioritizing use of cost-share funds. By the end of the project implementation period, a project sponsor shall have offered cost-share funding to landowners, in accordance with this chapter, for the control of all critical sites. During the implementation period, this requirement applies if the total amount of cost-share funds made available to the project sponsor equals or exceeds the amount necessary to control all critical sites.

NR 120.09 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.12 NR 120.12 Nonpoint source grant agreement.

NR 120.12(1) (1) Grant agreement. The nonpoint source grant agreement is an agreement entered into between the department and a grantee, consisting either of a governmental unit or a state agency, to provide cost-share funding for a priority watershed or priority lake project. The nonpoint source grant agreement may be used in lieu of a cost-share agreement with a grantee for the installation of a structural practice on land owned or operated by the grantee. More than one nonpoint source grant agreement may be awarded for a project.

NR 120.12(2) (2) Conditions.

NR 120.12(2)(a) (a) Consistent with the priority watershed plan, a grantee located within the priority watershed project or priority lake area project shall:

NR 120.12(2)(a)1. 1. Execute a nonpoint source grant agreement with the department for nonpoint source pollution abatement funds necessary to administer cost-share agreements with eligible recipients. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee.

NR 120.12(2)(a)2. 2. Enter into cost-share agreements with eligible recipients located within its jurisdiction. This requirement may be waived if the department and the grantee agree to delegate this responsibility to another grantee.

NR 120.12(2)(a)3. 3. Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the nonpoint source grant. Specifically, this includes preparing and maintaining adequate fiscal management and technical assistance files as described in ss. NR 120.25 and 120.26. This requirement may be waived if the department and the grantee agree to delegate these responsibilities to another grantee.