NR 120.14(28)(c)1.1. The department shall identify acceptable standards for each best management practice in an approved priority watershed plan, approved priority lake plan or project grant. NR 120.14(28)(c)2.2. The department shall consider documents containing non-agricultural technical standards developed under the process in subch. V of ch. NR 151 and other documents when identifying acceptable technical standards. NR 120.14(28)(c)3.3. The governmental unit, landowner or land operator shall submit preliminary designs for each identified alternative to the department for review and comment. NR 120.14(28)(c)4.4. Based on the review of the preliminary designs for each alternative, the governmental unit, landowner or land operator shall submit a detailed design including pertinent information addressing each criterion listed in subd. 5., for the selected alternative prepared by a registered professional engineer or other individual trained in the design of the practice and approved by the department, to the department for review and approval. NR 120.14(28)(c)5.5. The department shall approve or disapprove within 90 days the detailed design based on the following criteria: NR 120.14(28)(c)5.a.a. Adequacy of pollutant control to protect surface water, groundwater and wetland resources in accordance with the objectives of a watershed plan. Applicable performance standards identified in ch. NR 151 may be considered and addressed in the detailed design. NR 120.14(28)(c)5.b.b. Consistency with water quality provisions of department approved plans, such as priority watershed or lake plans, integrated resource management plans, remedial action plans or wellhead protection plans, or with existing local storm water management ordinances or plans that meet minimum department requirements. NR 120.14(28)(c)5.e.e. The degree to which other environmental considerations are integrated in the proposal. NR 120.14(28)(c)5.f.f. The adequacy of the provisions for long-term maintenance of the structural practice. NR 120.14(28)(c)6.6. The department may waive or modify the review or approval procedures under subds. 3. to 5. Any waiver shall be specifically described in the grant agreement or the cost-share agreement. NR 120.14 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.15NR 120.15 Interim best management practices. NR 120.15(1)(1) Interim best management practices. The department may approve best management practices not listed in s. NR 120.14 where necessary to meet the water resources objectives identified in the watershed plan. The department shall consult with DATCP regarding agricultural best management practices approved under this subsection. The department may identify in the nonpoint source grant agreement design criteria and standards and specifications; cost-share conditions; and cost-share rates for each best management practice approved under this section. NR 120.15(2)(2) Alternative design criteria. For best management practices described in s. NR 120.14, the department may approve alternative design criteria or standards and specifications where an alternative will achieve the same or a greater level of pollutant control. The department shall consult with DATCP regarding alternative design criteria for agricultural best management practices. NR 120.15 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.16(1)(1) Applicability. Counties, cities, villages and towns located within the priority watershed project or priority lake area project shall adopt the following ordinances if required within the watershed plan: NR 120.16(2)(2) Condition of grant. Adoption, implementation and enforcement of ordinances under sub. (1) within the time frame specified under s. NR 120.08 (1) (c) 1. h. and j. shall be a condition of receiving funding from the department under a nonpoint source grant. Actions to implement and enforce these ordinances are subject to the provisions of s. NR 120.28 (1) and (2). NR 120.16(3)(3) Construction site erosion control ordinances. NR 120.16(3)(a)(a) An ordinance to control construction site erosion that is adopted by the governmental unit prior to October 1, 2002 shall meet the requirements of this paragraph. NR 120.16(3)(a)1.1. An ordinance under sub. (1) shall apply, at a minimum, to construction activities as defined in s. 281.33 (3) (b) 1. to 5., Stats., within the jurisdiction unless the construction site activities are otherwise regulated by the department under subch. III of ch. NR 216, or regulated by ch. SPS 320, 321, or 361 to 365, or exempted by s. 13.48 (13), Stats., or subject to the department of transportation and department liaison cooperative agreement under s. 30.2022, Stats. NR 120.16(3)(a)2.b.b. An applicability statement identifying activities subject to the ordinance. NR 120.16(3)(a)2.c.c. Performance standards, criteria and other conditions to minimize the amount of sediment and other pollutants reaching the waters of the state during the development of lands and until final stabilization of the site. NR 120.16(3)(a)2.d.d. A provision requiring consistency with the accepted design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 2001 Revision, which is incorporated by reference for this chapter or other design guidance and technical standards identified, developed or disseminated by the department under subch. V of ch. NR 151. NR 120.16 NoteNote: Copies of this document may be inspected at the offices of the Department’s Bureau of Watershed Management, NRCS, the Secretary of State and the Legislative Reference Bureau, all in Madison, WI.
NR 120.16(3)(b)(b) An ordinance to control construction site erosion adopted by the governmental unit after October 1, 2002 shall be consistent with the performance standards in s. NR 151.11. NR 120.16(4)(4) Departmental approval. An ordinance required under sub. (1) shall be reviewed and approved by the department prior to adoption. NR 120.16 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; CR 03-028: am. (3) (a) 1. Register July 2004 No. 583, eff. 8-1-04; correction in (3) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register July 2004 No. 583; correction in (3) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. NR 120.17(1)(1) Eligible best management practices. Best management practices listed in s. NR 154.04 that are installed and maintained to control the following nonpoint sources in accordance with the minimum conditions in ch. NR 154 are eligible for cost-share assistance under this chapter when addressing nonpoint sources of pollution in a watershed plan: NR 120.17(1)(f)(f) Other sources determined by the department to meet the objectives of the program. NR 120.17(2)(2) Ineligible best management practices. The following practices, sources or activities are not eligible for cost-share assistance under this chapter: NR 120.17(2)(a)(a) Best management practice installation, operation or maintenance started prior to the signing of the cost-share agreement. NR 120.17(2)(b)(b) Activities requiring coverage under a WPDES permit including any of the following: NR 120.17(2)(b)1.1. Activities at livestock operations with less than 1,000 animal units that have been issued a WPDES permit by the department under ch. 283, Stats. In this paragraph, “livestock operation” has the meaning given in s. 281.16 (1) (c), Stats. In this paragraph, “animal unit” has the meaning given in ch. NR 243. NR 120.17(2)(b)2.2. Activities at livestock operations that have, or will have within 12 months, at least 1,000 animal units and are required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b). NR 120.17(2)(c)(c) Activities required as part of or as a condition of a license for a solid waste management site. NR 120.17(2)(d)(d) Activities funded through state or federal grants for wastewater treatment plants. NR 120.17(2)(f)(f) Pollutant control measures needed during building and utility construction, and storm water management practices for new developments. NR 120.17(2)(g)(g) Pollutant control measures needed during construction of highways and bridges. NR 120.17(2)(h)(h) The planting, growing and harvesting of trees associated with silviculture, except as necessary for site stabilization. NR 120.17(2)(i)(i) Installing, operating or repairing a small scale on-site human domestic waste facility construction. NR 120.17(2)(k)(k) Installing dams, pipes, conveyance systems and detention basins intended solely for flood control. NR 120.17(2)(m)(m) Practices other than those in s. NR 154.04 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock. NR 120.17(2)(n)(n) Practices whose purpose is to accelerate or increase the drainage of land or wetlands, except where drainage is required as a component of a best management practice. NR 120.17(2)(o)(o) Practices to control spills from commercial bulk storage of pesticides, fertilizers, petroleum and similar materials required by ch. ATCP 33 or other administrative rules. NR 120.17(2)(p)(p) Significant expansions of livestock operations that are not in compliance with agricultural performance standards under subch. II of ch. NR 151. Significant expansions shall be determined using the criteria under par. (q) 2. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible. NR 120.17(2)(q)(q) Practices needed to control sources that were adequately managed for the specific land use at the time of cost-share agreement signing, including management of a source in compliance with performance standards, but that are producing an increased amount of pollutant loading to the surface water or groundwater due to the landowner’s or land operator’s significant changes in land management. NR 120.17(2)(q)1.1. Changes that the department may consider significant and ineligible for cost sharing include significant increases in size of the livestock population, changes to more intensive cropping and other changes in land use or management which increase the pollutant loading counter to the water resource objectives in an approved areawide water quality management plan, priority watershed plan, county land and water resources management plan or performance standard for the area. NR 120.17(2)(q)2.2. For purposes of this paragraph, the department shall use the criteria in this subdivision in determining whether the increase in the size of the livestock population is significant and ineligible for cost sharing. In this subdivision, “livestock population size” means the size of the livestock population, in animal units. In this subdivision, “base livestock population size” means the livestock population size determined when the department or governmental unit, including a county land conservation committee, visits the site and documents the size of the livestock population. In this subdivision, “animal unit” has the meaning given in ch. NR 243. NR 120.17(2)(q)2.a.a. If the base livestock population size is less than or equal to 250 animal units, that portion of the expansion that results in a livestock population size exceeding 300 animal units is considered to be significant and ineligible for cost sharing under this chapter. NR 120.17(2)(q)2.b.b. If the base livestock population size is greater than 250 animal units but less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), and the expanded livestock population size will be less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), then that portion of the expansion that is greater than 20% of the base livestock population size is considered to be significant and ineligible for cost sharing under this chapter. NR 120.17(2)(q)2.c.c. Any expansion to a base livestock population size that results in a livestock population size required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) is considered to be significant and ineligible for cost sharing under this chapter, and shall also render the base livestock population component ineligible for cost sharing in accordance with s. NR 153.15 (2) (f) 2. NR 120.17(2)(q)2.d.d. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible. NR 120.17 NoteNote: The department may not provide cost sharing under this chapter for activities requiring coverage under a WPDES permit. This includes activities requiring permit coverage at livestock operations that are greater than or equal to 1,000 animal units in size or that will become greater than or equal to 1,000 animal units through an expansion.
NR 120.17(2)(s)(s) Practices previously installed and necessary to support cost-shared practices. NR 120.17(2)(u)(u) Changes in location of unconfined manure stacks involving no capital cost. NR 120.17(2)(w)(w) Practices needed for land use changes during the cost-share agreement period. NR 120.17(2)(x)(x) Urban nonpoint sources that must be controlled to meet the requirements of a municipal WPDES storm water discharge permit. NR 120.17(2)(zb)(zb) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation. NR 120.17(2)(zc)(zc) Other practices which the department determines are not necessary to achieve the objectives of the watershed project. NR 120.17(3)(3) Demonstration projects. The department may establish alternative eligibility criteria for demonstration projects. With prior department approval, demonstration projects meeting these alternative criteria may be implemented during the grant period. NR 120.17 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; corrections in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; correction in (2) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
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