Chapter NR 153

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.

NR 153.16 Note Note: Small-scale TMDL projects, small-scale non-TMDL control projects, and notice of discharge projects are not eligible for local assistance grants. However, design and construction services costs in small-scale and notice of discharge projects may be included in the cost of construction for reimbursement purposes.

NR 153.16(1)(b) (b) The cost-share rate for local assistance activities may not exceed 70 percent of the eligible costs identified in this section.

NR 153.16(1)(c) (c) The following activities are eligible for local assistance funding when conducted in the project area:

NR 153.16(1)(c)1. 1. Identifying high priority nonpoint pollution sources for control.

NR 153.16(1)(c)2. 2. Contacting and informing landowners and land operators of conservation program opportunities and requirements, including those relating to state performance standards and prohibitions.

NR 153.16(1)(c)3. 3. Determining and documenting compliance of cropland practices and livestock facilities with performance standards and prohibitions.

NR 153.16(1)(c)4. 4. Identifying site-specific best management practices needed to achieve compliance with performance standards and prohibitions or to otherwise control nonpoint pollution sources.

NR 153.16(1)(c)5. 5. Developing and reviewing cost-share agreements with the cost-share recipient.

NR 153.16(1)(c)6. 6. Providing assistance to the department in developing and issuing notices under ss. NR 151.09 and 151.095 and developing and issuing comparable notices under local ordinances.

NR 153.16(1)(c)7. 7. Best management practice construction services, including construction management and verification of best management practices installation.

NR 153.16(1)(c)8. 8. Reviewing best management practice operation and maintenance during the grant period.

NR 153.16(1)(c)9. 9. Developing and transmitting to the department information that identifies landowners and operators that do not comply with performance standards or prohibitions.

NR 153.16(1)(c)10. 10. Administration of property acquisition in accordance with s. NR 153.25.

NR 153.16(1)(c)11. 11. Fiscal management.

NR 153.16(1)(c)12. 12. Development of informational materials, including videos or brochures.

NR 153.16(1)(c)13. 13. Project evaluation activities identified in the project application and required by the runoff management grant agreement, including monitoring.

NR 153.16(1)(c)14. 14. Other activities approved by the department as being necessary to implement the project.

NR 153.16(1)(d) (d) The following staff support costs are eligible for cost sharing:

NR 153.16(1)(d)1. 1. The cost of testing materials for use in best management practice design and installation.

NR 153.16(1)(d)2. 2. Travel expenses, including personal vehicle mileage charges, meals, lodging, and other reasonable travel expenses necessary to the project.

NR 153.16(1)(d)3. 3. The cost of recording the cost-share agreement with the county register of deeds.

NR 153.16(1)(d)4. 4. Field equipment necessary to conduct or evaluate the project.

NR 153.16(1)(d)5. 5. Other direct costs necessary for the project and approved by the department.

NR 153.16(2) (2) Ineligible costs. The following costs are not eligible for local assistance funding under this section:

NR 153.16(2)(a) (a) Activities for which WPDES permit coverage is required.

NR 153.16(2)(b) (b) Direct costs for other items not listed in this section, including best management practice design, staff training, ordinance development and administration, promotional items except when used for educational purposes, and the purchase or lease of motor vehicles.

NR 153.16(2)(c) (c) Indirect project costs that are not directly related to the output of a product or service or cannot be identified specifically with a single cost objective in an economically feasible manner.

NR 153.16 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11.