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 History
History: 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.
NR 120.18(1)(a)(a) The maximum state cost share rate for individual best management practices cost-shared under this chapter may not exceed 70%, except as otherwise provided in this subsection. Cost-share funds from the appropriations under s.
20.115 (7) (c) and
(qd),
20.370 (6) (aq), or
20.866 (2) (te) and
(we), Stats., shall be considered part of the state rate.
NR 120.18(1)(b)
(b) Cost-share rates in this section shall be increased in cases of economic hardship in accordance with
sub. (4).
NR 120.18(1)(c)
(c) The department may provide cost-share up to 100% to replace best management practices eligible in accordance with
s. NR 120.186 (4).
NR 120.18(1)(d)
(d) The cost-share rates for best management practices under existing cost-share agreements may be amended to use the rates identified in this section.
NR 120.18(1)(e)
(e) The maximum state cost-share rates shall be reduced by 50% for landowners of critical sites when a cost-share agreement is signed after the period of cost-sharing availability for critical sites has ended.
NR 120.18(1)(f)
(f) The following conditions further specify eligibility criteria for cost-share reimbursements under this section:
NR 120.18(1)(f)1.
1. Wildlife habitat re-creation associated with implementation of contour farming, contour strip-cropping and field strip-cropping has a maximum state cost-share rate of 70%.
NR 120.18(1)(f)2.
2. For the best management practices under
s. NR 120.14 (16), riparian buffers, and
s. NR 120.14 (6), grassed waterways, a single payment in addition to installation costs may be made in accordance with the following:
NR 120.18(1)(f)2.c.
c. Payments under this subdivision are eligible only for acreage upon which a commodity crop was harvested in at least 2 of the 5 years prior to the signing of the cost-share agreement. The 2 years need not be consecutive if separated by non-grain portions of a normal crop rotation.
NR 120.18(1)(f)3.
3. Cost-share payments for high residue management systems may not be made for more than a total of 6 years.
NR 120.18(1)(f)4.
4. Cost-share payments for cropland protection cover (green manure) may not be made for more than a total of 3 years.
NR 120.18(1)(f)5.
5. Flat rates identified under
par. (g) may be used in lieu of calculating cost-share amounts.
NR 120.18(1)(f)6.
6. Cost-share payments for nutrient management may not be made for more than a total of 3 years.
NR 120.18(1)(f)7.
7. Cost-share payments for pesticide management may not be made for more than a total of 3 years.
NR 120.18(1)(f)8.
8. The maximum amount cost-shared for leases of manure storage tanks shall be 70% of the down payment and lease cost of the tank during the grant period of the watershed project.
NR 120.18(1)(f)9.
9. A governmental unit may establish a flat rate for cost-sharing critical area stabilization in order to simplify the administration of cost-share funding for this best management practice. The flat rate shall be calculated based on the cost-share rate, up to 70%, and the average cost of the practice.
NR 120.18(1)(g)
(g) Counties may use the following state cost-share rates per acre in lieu of the state cost-share percentage listed in this section.
NR 120.18(1)(g)5.
5. $25 per acre per year for cropland protection cover (green manure).
NR 120.18(1)(g)6.a.
a. Three strand barbed wire, steel or wooden post at a flat rate of $5.00 per linear rod.
NR 120.18(1)(g)6.b.
b. Woven wire, steel or wooden post at a flat rate of $8.00 per linear rod.
NR 120.18(1)(g)6.c.
c. Two strand electric, fiberglass, steel or wooden post and insulators at a flat rate of $3.00 per linear rod.
NR 120.18(1)(g)6.d.
d. Fiberglass posts, high tensile wire at a flat rate of $7.50 per linear rod.
NR 120.18(2)(a)(a)
Least cost. A governmental unit may set cost-share rates up to the maximum amount specified for the practice in this section. Where 2 or more practices are of equal effectiveness in reducing pollutants, the cost-share rate shall be based on the least cost practice provided the practice is consistent with the use and management of the land in question. The department may approve, in writing, cost-sharing for a best management practice that is not the least cost if the practice is more cost effective. The department shall approve the cost-share agreement if the best management practices are the least-cost alternatives to control the nonpoint sources or if the practices provide greater water quality improvement or habitat enhancement than the least-cost alternative.
NR 120.18(2)(b)
(b)
Leases of manure storage tanks. The maximum amount cost-shared for leases of manure storage tanks shall be 70% of the down payment and lease cost of the tank during the grant period of the watershed project.
NR 120.18(2)(c)
(c)
Critical area stabilization. Governmental units may establish flat rates for the cost-sharing of critical area stabilization in order to simplify the administration of cost-share funds for this practice. Flat rates shall be based on the percentage, up to 70%, for state cost-sharing and the average cost of the practice.
NR 120.18(3)(a)(a) The local share of project costs may include funds from federal, local or private sources, or state sources not identified under
s. NR 120.18 (1) (a). A cost-share grant under this chapter may not reimburse a landowner or land operator for any cost that another unit of government is also reimbursing.
NR 120.18(3)(b)
(b) In-kind contributions of labor and material used directly in the installations of best management practices may be considered part of the local share of best management practice costs, if properly described and substantiated to the cost-share agreement grantor.
NR 120.18(3)(c)
(c) The value of a conservation easement donated to the department, or to any person approved by the department under s.
281.65 (8) (m), Stats., may be considered as a portion of or all of the landowner's or land operator's share of a cost-sharing grant.
NR 120.18(4)(a)(a) The governmental unit submitting the cost-share agreement under
s. NR 120.13 (5) shall exceed the cost-share limits identified under
sub. (2) if the landowner or land operator that will provide the local share of best management practice installation meets the application and economic hardship requirements as set forth in this subsection.
NR 120.18(4)(b)
(b) The landowner or land operator shall submit an application to the governmental unit in accordance with this subsection in order to be considered for a determination of economic hardship. The governmental unit may not make a determination of economic hardship for cost-share purposes until it has received a completed application.
NR 120.18(4)(c)
(c) The landowner or land operator shall include the following financial information in the application:
NR 120.18(4)(c)1.
1. The landowner or land operator's debt-to-asset ratio or the capital debt repayment liability ratio.
NR 120.18(4)(c)2.
2. Demonstration that the landowner or land operator has the ability to pay the local share of the best management practice installation cost.
NR 120.18(4)(c)3.
3. The information required under
subds. 1. and
2. shall be documented by a signed and notarized statement from an accredited financial institution or a certified public accountant. The grant recipient shall provide to the accredited financial institution or certified public accountant a full and true disclosure of applicable corporate, partnership, personal and marital assets and liabilities, including a copy of the prior year's federal tax returns, as verified by a sworn and signed affidavit. The affidavit shall be made on a form provided by the department.
NR 120.18(4)(d)
(d) The governmental unit shall make a determination of economic hardship if the statement under
par. (c) 3. verifies that one or both of the following conditions exist for the landowner or land operator:
NR 120.18(4)(d)1.
1. The landowner or land operator of an eligible site has a debt-to-asset ratio of more than 60%, and net assets of less than $200,000.
NR 120.18(4)(d)2.
2. The landowner or land operator of an eligible site has a capital debt repayment liability ratio of more than 60%. The capital debt repayment liability ratio is determined by the following formula: (total debt payment) divided by (annual income + depreciation) — (family living expenses + annual debt principal payment).
NR 120.18(4)(e)
(e) If evidence of economic hardship is verified in accordance with the criteria in
par. (d), the governmental unit shall increase the cost-share rate in accordance with this paragraph for all best management practices for which the landowner or land operator is eligible.
NR 120.18(4)(e)1.
1. If the cost-share amount is based on a cost-share rate, the cost-share rate shall be increased so that the cost-share rate is not less than 70% and not greater than 90%.
NR 120.18(4)(e)2.
2. If the cost-share amount is based on a flat rate, the flat rate shall be increased so that it approximates a cost-share rate that is not less than 70% and not greater than 90%.
NR 120.18(4)(f)
(f) The governmental unit shall notify the department in writing when it has made a determination of economic hardship.
NR 120.18 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2002 No. 561;
correction in (1) (a) under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.
NR 120.185(1)(1) The department may enter into easements with landowners or land operators for lands identified in watershed plans. Easements shall be acquired for perpetuity. Easements may be used in conjunction with the following best management practices:
NR 120.185(1)(e)
(e) Any other best management practice specified as eligible for easement support in an approved priority watershed plan.
NR 120.185(1)(f)
(f) Animal lot relocation in conjunction with
pars. (a) to
(c), provided that written approval of the governmental unit is obtained prior to easement acquisition, in accordance with the requirements of
s. NR 154.04 (23) (b)
NR 120.185(2)
(2) The department may authorize, in writing, any governmental unit, non-profit organization or person to enter into easements or accept a donated conservation easement consistent with the eligibility provision of the approved priority watershed plan in accordance with the following:
NR 120.185(2)(a)
(a) Prior written department approval for the purchase of an easement shall be obtained if the cost exceeds $50,000.
NR 120.185(2)(b)
(b) The value of an easement shall be based on a valuation procedure that has received prior department approval.
NR 120.185(2)(c)
(c) An easement or a lease acquired by a governmental unit, non-profit organization or person shall be recorded in the register of deeds office in the county in which the property subject to the easement is located.
NR 120.185(3)
(3) Upon acceptance of a donated easement under
s. NR 120.18 (3) (b), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement.
NR 120.185(4)
(4) The department may distribute grants and aids to itself or to any governmental unit for the purchase of easements in priority watershed areas.
NR 120.185(5)
(5) State cost-share rate. The maximum allowable state cost-share rate for the acquisition of easements under this chapter shall be 70% of the acquisition cost of the easement, except that the maximum allowable state cost-share shall be 50% when the purpose of the easement is to support a structural urban best management practice. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, “acquisition cost" means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and assessments. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection.
NR 120.185 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.186(1)
(1)
Eligible activities. The department may distribute grants to a governmental unit that is eligible for a nonpoint source grant under
s. NR 120.12 to perform any of the following activities:
NR 120.186(1)(a)
(a) Acquire land or an interest in land for the construction of a structural urban best management practice.
NR 120.186(1)(b)
(b) Acquire land or an interest in land identified in the watershed plan which is contributing or will contribute nonpoint source pollution. Land acquisition for the purpose of complying with a Notice of Discharge issued pursuant to
ch. NR 243 is not eligible for funding under this section.
NR 120.186(2)
(2) Acquisition proposals. A governmental unit requesting nonpoint source grant funds for the acquisition of property under this section shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the nonpoint source grant application or grant amendment request. The acquisition proposal shall include all of the following:
NR 120.186(2)(a)
(a) A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the priority watershed or priority lake plan for which the grant is applied.
NR 120.186(2)(b)
(b) A description of the land management plan for the property including a list of any owner-occupants or tenants that occupy the buildings or land to be acquired, a general time frame for project completion, and a description of how long-term management will be provided. Identification of other governmental units that will be involved in management and their respective roles shall also be included.
NR 120.186(2)(c)
(c) A copy of the appropriate county, township, topographic and local land use planning maps showing the proposed acquisition.
NR 120.186(2)(d)
(d) An estimate of overall acquisition and annual maintenance costs, including the number of parcels and acres to be acquired which notes the number of improved parcels involved.
NR 120.186(2)(e)
(e) A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts.
NR 120.186(3)(a)(a) Governmental units shall acquire and manage property acquired with a nonpoint source grant in accordance with all applicable local, state and federal laws and regulations.
NR 120.186(3)(b)
(b) After approval of the acquisition proposal and receipt of the local assistance grant from DATCP under
ch. ATCP 50, a governmental unit shall obtain an appraisal for each property.
NR 120.186(3)(c)
(c) All appraisals shall be subject to department review and approval.
