Chapter NR 153

NR 153.145 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 153.15 NR 153.15 Cost sharing for best management practices.

NR 153.15(1) (1) Eligible costs.

NR 153.15(1)(a) (a) The department may provide cost sharing for the construction or implementation of best management practices in any project selected for funding under the chapter. The department may attribute design and construction services costs to the cost of construction or implementation of the best management practice. State and local administrative permit fees are not reimbursable as part of the construction cost.

NR 153.15 Note Note: Although local administrative fees are not reimbursable, the department may reimburse governmental units for design and construction services subject to the limitations of s. NR 153.27 (4).

NR 153.15(1)(b) (b)

NR 153.15(1)(b)1. 1. If the purpose of the best management practice is to comply with agricultural performance standards and prohibitions identified in subch. II of ch. NR 151, technical standards for the best management practice shall be included in subch. VIII of ch. ATCP 50 in order for the best management practice to be considered eligible for cost sharing under this chapter.

NR 153.15(1)(b)2. 2. Subd.1 does not apply if the department determines there is no technical standard in subch. VIII of ch. ATCP 50 capable of meeting the performance standard or prohibition.

NR 153.15(1)(c) (c) If the purpose of the best management practice is to comply with a non-agricultural performance standard under subch. III or IV of ch. NR 151, or if the purpose of the best management practice is to reduce pollution from a source for which a performance standard is not included in ch. NR 151, the best management practice shall meet one of the following criteria to be considered eligible for cost sharing under this chapter:

NR 153.15(1)(c)1. 1. Be included in ch. NR 154.

NR 153.15(1)(c)2. 2. Be included in subch. VIII of ch. ATCP 50.

NR 153.15(1)(c)3. 3. Be available in accordance with the technical standards development and dissemination requirements of subch. V of ch. NR 151.

NR 153.15(1)(c)4. 4. Be identified by the department as an interim best management practice or alternative design criteria in accordance with sub. (3) (b) 4.

NR 153.15(1)(d) (d) The best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, subch. VIII of ch. ATCP 50, ch. NR 154, in a document that meets the requirements of subch. V of ch. NR 151 or a runoff management grant agreement as provided for under sub. (3) in order to be considered eligible for cost sharing under this chapter.

NR 153.15(1)(e) (e) The best management practice shall be included as an eligible item for cost sharing on a runoff management grant agreement, signed by the department and the governmental unit or state agency, in order to be considered eligible for cost sharing under this chapter.

NR 153.15(1)(f) (f) If a cost-share agreement is required, the best management practice shall be included as an eligible item on the cost-share agreement, signed by the governmental unit and a landowner, land operator or state agency in order to be considered eligible for cost sharing under this chapter.

NR 153.15(1)(g) (g) Best management practices funded under s. 20.866 (2) (te) or (tf), Stats., shall meet requirements for use of bond-sourced funding.

NR 153.15 Note Note: This section governs what pollution sources are eligible for cost sharing under ch. NR 153. It does not address requirements for compliance with performance standards, nor does it address cost-share funding as a precondition for compliance. Compliance requirements, including when cost-share funding must be made available as a precondition of compliance, are set forth in ss. NR 151.09 and 151.095.

NR 153.15(2) (2) Ineligible costs. All of the following practices, sources or activities are ineligible for cost sharing under this chapter unless approved by the department as part of a demonstration project in accordance with sub. (4):

NR 153.15(2)(a) (a) Best management practices for croplands classified as “new” under s. NR 151.09 (4) (b) 3. or best management practices for livestock facilities classified as “new” under s. NR 151.095 (5) (b) 2.

NR 153.15(2)(ag) (ag) Best management practices to address pollution from a livestock facility or cropland practice that was previously in compliance with standards and prohibitions on or after the date the standard or prohibition became effective under ch. NR 151, regardless of cost share history. The department may make an exception and provide cost sharing to replace practices or practice components previously cost shared by the department that are ineffective during the operation and maintenance period due to unforeseen design problems.

NR 153.15 Note Note: If a source loses its compliance status because of changes to the standard, cost sharing may be offered for management measures needed to bring the source into compliance with the new standard.

NR 153.15(2)(ar) (ar) Best management practices to address a pollution source for which the department included a previous offer of cost sharing as part of a notice issued pursuant to ch. NR 151 and the management practices were not installed within the required compliance period.

NR 153.15(2)(b) (b) Routine operation and maintenance of best management practices. The department may provide cost sharing one time to re-establish an agricultural best management practice cost shared after October 1, 2002, that is damaged within the cost-share operation and maintenance period by natural causes beyond the control of the landowner or land operator.

NR 153.15(2)(d) (d) Significant expansions of livestock operations are not eligible for cost sharing. The department shall use the criteria in this paragraph for determining whether an increase in the size of the livestock population constitutes a significant expansion and is ineligible for cost sharing. In this paragraph, “livestock population size” means the size of the livestock population, in animal units. In this paragraph, “base livestock population size” means the livestock population size determined when the department or governmental unit, including a county land conservation committee, documents the size of the livestock population. In this paragraph, “animal unit” has the meaning given it in ch. NR 243.

NR 153.15(2)(d)1. 1. 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 153.15(2)(d)2. 2. 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), 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 153.15(2)(d)3. 3. 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 par. (f) 2.

NR 153.15 Note Note: The department may not provide cost sharing under this chapter for activities requiring coverage under a WPDES permit for livestock operations.

NR 153.15(2)(e) (e) Best management practice installation activities conducted prior to the signing of the runoff management grant agreement and the cost-share agreement. This paragraph does not preclude the department from providing reimbursement for structural best management practice design work commenced or completed prior to signing the runoff management grant agreement and the cost-share agreement, provided that practice construction commences after the grant agreement is signed by all parties.

NR 153.15(2)(f) (f) Activities requiring coverage under a WPDES permit including any of the following:

NR 153.15(2)(f)1. 1. Activities requiring WPDES permit coverage 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 153.15(2)(f)2. 2. Activities requiring WPDES permit coverage 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 153.15(2)(f)3. 3. All other activities requiring coverage under a WPDES permit issued under chs. NR 200 to 240 and 245 to 299 except for activities required of the city of Racine to comply with municipal storm water permit requirements under ch. NR 216.

NR 153.15 Note Note: A municipality required to comply with storm water permitting requirements under ch. NR 216 may apply for grant funding under ch. NR 155.

NR 153.15(2)(g) (g) Activities required as part of or as a condition of a license for a solid waste management site.

NR 153.15(2)(h) (h) Activities funded through state or federal grants for wastewater treatment plants.

NR 153.15(2)(i) (i) Active mining activities.

NR 153.15(2)(j) (j) Urban best management practices associated with new construction or new development, including the following:

NR 153.15(2)(j)1. 1. Construction site erosion control measures subject to the requirements of s. NR 151.11, except those required by this chapter to control erosion during construction of a best management practice.

NR 153.15(2)(j)2. 2. Post-construction storm water management practices for new development subject to the requirements of subch. III of ch. NR 151.

NR 153.15(2)(j)3. 3. The department may consider redevelopment of an existing development and in-fill to be either existing development or new development for purposes of this paragraph. In making its determination, the department shall consider the type of land cover within and adjacent to the development and the areal extent of the development.

NR 153.15(2)(j)4. 4. In this paragraph, “existing development” has the meaning given it in s. NR 151.002 (14g), “in-fill” has the meaning given it in s. NR 151.002 (18), and “new development” means development resulting from the conversion of previously undeveloped land or agricultural land uses initiated after October 1, 2004, or development for which a notice of intent was received by the department or the department of safety and professional services after October 1, 2004.

NR 153.15(2)(k) (k) Pollutant control measures needed during construction of highways and bridges.

NR 153.15(2)(L) (L) The planting of trees intended for commercial harvest.

NR 153.15(2)(m) (m) Installing, operating or repairing a small-scale on-site human domestic waste facility.

NR 153.15(2)(n) (n) Dredging of harbors, lakes, rivers and ditches.

NR 153.15(2)(o) (o) Installing dams, pipes, conveyance systems and urban best management practices, including storm sewer rerouting and land acquisition, when intended solely for flood control. In this paragraph, “dam” means any artificial barrier in or across a waterway, which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse.

NR 153.15(2)(p) (p) Practices other than those in ch. NR 154 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock.

NR 153.15(2)(q) (q) 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 153.15(2)(r) (r) 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 153.15(2)(s) (s) Practices to be fully funded through other programs.

NR 153.15(2)(t) (t) Practices previously installed and necessary to support cost-shared practices.

NR 153.15(2)(u) (u) Changes in crop rotation unless required as a component of practices in subch. VIII of ch. ATCP 50 or ch. NR 154.

NR 153.15(2)(v) (v) Minimum levels of street sweeping and leaf collection.

NR 153.15(2)(w) (w) Changes in location of unconfined manure stacks involving no capital cost.

NR 153.15(2)(x) (x) Purchase of non-stationary manure spreading equipment.

NR 153.15(2)(y) (y) Best management practices to correct overtopping caused by mismanagement of a manure storage facility.

NR 153.15(2)(z) (z) Maintaining existing grass cover.

NR 153.15(2)(za) (za) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation.

NR 153.15(2)(zb) (zb) Best management practices that do not meet the eligibility criteria under sub. (1).

NR 153.15(2)(zc) (zc) Costs that another governmental unit is also reimbursing.

NR 153.15(2)(zd) (zd) Other practices which the department determines are not necessary to achieve the objectives of the project.

NR 153.15(3) (3) Interim best management practices and alternative design criteria.

NR 153.15(3)(a) (a) Purpose. The purpose of this subsection is to provide for the use of best management practices, management measures, design criteria or standards and specifications that are not included in subch. VIII of ch. ATCP 50 or ch. NR 154 but that will contribute to achieving water quality goals.

NR 153.15(3)(b) (b) Requirements. The department may approve cost sharing for best management practices, management measures, design criteria or standards and specifications other than those included in subch. VIII of ch. ATCP 50 or ch. NR 154 provided that all of the conditions in this paragraph are met.

NR 153.15(3)(b)1. 1. The practices, design criteria, standards or specifications developed under this subsection may not be applied for the purpose of meeting an agricultural or urban performance standard identified in ch. NR 151 unless the department determines that existing practices, design criteria or technical standards contained in ch. NR 154 or ATCP 50 cannot cost effectively meet the performance standards or, in the absence of a performance standard, the project water quality goals.

NR 153.15 Note Note: The department of agriculture, trade and consumer protection is the lead agency responsible for developing practices, design criteria, standards and specifications to meet agricultural performance standards.

NR 153.15(3)(b)2. 2. The applicant shall justify all of the following:

NR 153.15(3)(b)2.a. a. That the practices, design criteria, standards or specifications are necessary to meet the water quality objectives of the project.

NR 153.15(3)(b)2.b. b. That the practice is a cost-effective means of preventing or reducing pollutants generated from nonpoint sources.

NR 153.15(3)(b)2.c. c. That the practice does not have an adverse impact on fish and wildlife habitat.

NR 153.15(3)(b)3. 3. The department shall consult with DATCP if the best management practice, design criteria, standards or specifications are agricultural.

NR 153.15(3)(b)4. 4. The department shall identify the best management practice, design criteria, standards, specifications, operation and maintenance period, cost-share rates and cost-share conditions in the runoff management grant agreement.

NR 153.15(3)(c) (c) Time period. Approvals by the department under par. (b) shall be for a limited period of time, which the department shall specify. After the specified time period has expired, the department will either discontinue the approved use of the interim measures or adopt the measures in ch. NR 154.

NR 153.15(4) (4) Demonstration projects.

NR 153.15(4)(a) (a) The department may allow cost sharing for items identified under sub. (2) if necessary to implement a demonstration project. The department shall require demonstration projects to meet the all of the following criteria to be considered eligible for cost sharing under this subsection:

NR 153.15(4)(a)1. 1. The project shall be selected according to the process identified in s. NR 153.20.

NR 153.15(4)(a)2. 2. The project shall be determined by the department to have statewide or regional significance and shall be designed to provide results that are transferable to other locations within the state. This includes projects that demonstrate traditional or innovative management measures or best management practices in order to increase acceptance, use and understanding of cost-effectiveness, including pollutant control capability.

NR 153.15(4)(a)3. 3. The project shall have a strategy approved by the department for developing and disseminating information and education materials explaining the project and its management implications.

NR 153.15(4)(b) (b) The department may consult with the university of Wisconsin-extension or its agent in considering demonstration project proposals.

NR 153.15(5) (5) Cost-share rates and cost-share conditions. Cost-share rates and cost-share conditions, including provisions for economic hardship, identified in ch. NR 154 shall be used for best management practices funded under this chapter.

NR 153.15(6) (6) Cost-effectiveness.

NR 153.15(6)(a) (a) Only cost-effective practices may be funded under this section unless an exception is granted by the department under s. 281.65 (8) (e) or (4) (em), Stats.

NR 153.15(6)(b) (b) The state cost-sharing amount shall be determined by multiplying the eligible installation cost by the cost-share rate, unless otherwise provided for in this chapter or in ch. NR 154. Where 2 or more practices are equally cost-effective in reducing pollutants consistent with par. (a), the amount of cost sharing shall be based on the least cost practice.

NR 153.15 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; corrections in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 09-112: am. (1) (a), (c) (intro.), 4., (g), (2) (b), (d) (intro.), (e), (y), (3) (b) 1., (4) (a) 3., (6) (b), r. (2) (c), r. and recr. (2) (a), (j), cr. (2) (ag), (ar) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (r) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (2) (j) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

NR 153.16 NR 153.16 Aids for local assistance activities.

NR 153.16(1) (1) Eligible costs.

NR 153.16(1)(a) (a) The department may provide cost sharing under s. NR 153.26 for local assistance activities conducted during the grant period in large-scale TMDL implementation projects and large-scale non-TMDL control projects.