Chapter NR 153

NR 153.17(1) (1) Applicability. This section applies only to targeted runoff management projects.

NR 153.17(2) (2) Application process.

NR 153.17(2)(a) (a) Subject to the availability of funds, the department shall do the following:

NR 153.17(2)(a)1. 1. Solicit applications for projects to be funded under this chapter by providing the public with information that application materials are available upon request.

NR 153.17(2)(a)1.a. a. The department shall solicit applications for any small-scale project on an annual basis provided there is adequate funding available.

NR 153.17(2)(a)1.b. b. The department may solicit applications for any large-scale project on an annual or biennial basis depending on the availability of funds.

NR 153.17(2)(a)2. 2. Distribute to any potential applicant that requests it a copy of the appropriate application and application instructions.

NR 153.17(2)(b) (b) All applicants for funding shall submit project applications on forms provided by the department. A governmental unit or federally recognized tribal governing body may request funding under this chapter for one or more projects by submitting the appropriate applications to the department.

NR 153.17 Note Note: Forms can be obtained from the department’s Bureau of Watershed Management or the department’s Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

NR 153.17(2)(c) (c) A state agency, including the department, may request funding under this chapter for a project that is on land under state ownership or control and is in a priority watershed or priority lake area by submitting the appropriate application to the department.

NR 153.17(2)(d) (d) The department may request funding for the purchase of eligible easements located in a priority watershed project area by submitting the appropriate application to the department.

NR 153.17(2)(e) (e) Applicants shall submit completed project applications to the department in order to be considered for funding in the following calendar year. Applications shall be delivered or post-marked by midnight, April 15.

NR 153.17(3) (3) Required administrative information. An applicant for any targeted runoff management project shall submit the following information to be considered for funding:

NR 153.17(3)(a) (a) Applicant name.

NR 153.17(3)(b) (b) Name and title of authorized representative.

NR 153.17(3)(c) (c) Contact name and telephone number.

NR 153.17(3)(d) (d) Type of governmental unit and applicant address.

NR 153.17(3)(e) (e) Signature of authorized representative.

NR 153.17(3)(f) (f) Project name and scope.

NR 153.17(3)(g) (g) Other administrative information that the department determines necessary to process the application.

NR 153.17(4) (4) Required screening information. An applicant for a targeted runoff management project shall submit the screening information required by this subsection to be considered for funding.

NR 153.17(4)(a) (a) Certification that the project meets applicable eligibility requirements of s. NR 153.14. To demonstrate consistency with a county’s land and water resource management plan as required under s. NR 153.14 (3) (c) a county shall substantiate that the land and water resource management plan, plan amendment, or work plan prepared under s. ATCP 50.12 identifies goals, objectives, or activities related to the resource concerns being addressed by the project.

NR 153.17(4)(b) (b) A map of the project area showing the watershed, subwatershed, or specific site to be served by the project. The map shall be accompanied by information the applicant is aware of that concerns environmental contamination, endangered, threatened or wetland resources, historic properties, or historic places contained in the project area and potentially impacted by the project.

NR 153.17(4)(c) (c) A list of the best management practices for which funding is requested, including property acquisition associated with any of these practices, and identification of practice eligibility under s. NR 153.15. For land acquisition, a certification statement that the applicant will obtain control of the property upon which the practice will be constructed prior to commencement of the grant period.

NR 153.17(4)(d) (d) A list of local assistance and design activities for which funding is requested and an identification of eligibility under s. NR 153.16.

NR 153.17 Note Note: Local assistance activities eligible for reimbursement are identified in s. NR 153.16. Reimbursement may also be sought for design and construction services work under s. NR 153.15 (1) (a).

NR 153.17(4)(e) (e) Certification that the activities listed on the application are scheduled for completion within the allowable time period specified by the department in the application materials.

NR 153.17(4)(f) (f) Certification that the applicant has made arrangements to provide the staff necessary to implement the project.

NR 153.17(4)(g) (g) Certification that staff and contractors designated for the project have adequate training, knowledge, and experience to implement the proposed project.

NR 153.17(4)(h) (h) Evidence that the proposed project does not conflict with statewide and targeted nonpoint source performance standards and prohibitions.

NR 153.17(4)(i) (i) For agricultural projects, documentation that the county has a qualifying strategy to implement state agricultural performance standards and prohibitions contained in subch. II of ch. NR 151. To qualify, the strategy shall address the following key actions:

NR 153.17(4)(i)1. 1. Inform and educate landowners and land operators required to comply with performance standards.

NR 153.17(4)(i)2. 2. Conduct compliance status inventories based on records reviews and on-site visits.

NR 153.17(4)(i)3. 3. Document inventory results and maintain compliance status records.

NR 153.17(4)(i)4. 4. Report inventory results and continuing compliance maintenance requirements to landowners and operators.

NR 153.17(4)(i)5. 5. Identify best management practices to achieve compliance.

NR 153.17(4)(i)6. 6. Apply for grants from the department, or work to secure grants from other state, federal, or local sources to provide cost sharing to landowners and land operators to achieve compliance with performance standards.

NR 153.17(4)(i)7. 7. Develop cost-share agreements and provide for technical assistance to landowners and land operators to achieve compliance with performance standards.

NR 153.17(4)(i)8. 8. Assist the department at its request in drafting ch. NR 151 notices to landowners and land operators.

NR 153.17(4)(i)9. 9. Fulfill annual program reporting requirements.

NR 153.17(4)(j) (j) Other information that the department may require to screen the application for compliance with minimum program and statutory requirements.

NR 153.17(5) (5) Required scoring information for large scale projects. An applicant for any large-scale TMDL project or large-scale non-TMDL project shall submit the following information to be considered for funding under this chapter:

NR 153.17(5)(a) (a) Receiving water quality need, including impairment or threats to water quality caused or contributed to by nonpoint pollution sources that will be addressed by the project.

NR 153.17(5)(b) (b) Expected reduction in pollutant loading attributed to the project.

NR 153.17(5)(c) (c) Potential for the desired water quality response to implementation of best management practices.

NR 153.17(5)(d) (d) Justification for geographic extent of the proposed project area.

NR 153.17(5)(e) (e) Information regarding specific nonpoint pollution sources in the project area and the need and strategy for collecting and evaluating additional inventory information.

NR 153.17(5)(f) (f) Proposed nonpoint pollution control strategy for the project area, including contacting and educating landowners and operators, conducting farm evaluations, identifying and targeting high priority nonpoint pollution sources such as sites failing to meet state standards and prohibitions, selecting cost-effective best management practices, delivering cost sharing and technical assistance, using local and state regulatory tools to facilitate attainment, and continuing maintenance of state performance standards and prohibitions.

NR 153.17(5)(g) (g) Evidence of local support and involvement including support from governmental units, interest groups, landowners, and land operators. The department may also request information concerning a governmental unit’s continuous decision-making process which ensures participation by minority and low income populations in affected areas, along with majority populations, to ensure that as an outcome all people receive the benefits of a clean, healthy, and sustainable environment regardless of race, national origin, or income.

NR 153.17(5)(h) (h) Consistency of the proposed project with other local land and water resource management plans, including the county land and water resources management plan.

NR 153.17(5)(i) (i) Project budget and cost-effectiveness.

NR 153.17(5)(j) (j) Partnerships in the project area, including the extent to which available federal funding and other staffing and financial resources will be used.

NR 153.17(5)(k) (k) Strategy for evaluating changes in pollution potential, pollutant loading, and receiving water response after implementation of the project.

NR 153.17(5)(L) (L) The extent of local authority to enforce performance standards and prohibitions, including information required to determine the project score enforcement multiplier under s. NR 153.19 (4).

NR 153.17(5)(m) (m) For the city of Racine, an explanation of how the proposed project will contribute to meeting storm water requirements under ch. NR 216.

NR 153.17(6) (6) Required scoring information for small scale projects. An applicant for any small-scale TMDL project or small scale non-TMDL project shall submit the following information to be considered for funding:

NR 153.17(6)(a) (a) Receiving water quality need, including impairment or threats to water quality caused or contributed to by nonpoint pollution sources that will be addressed by the project.

NR 153.17(6)(b) (b) Expected reduction in pollutant loading or pollution potential attributed to the project.

NR 153.17(6)(c) (c) Extent to which performance standards and prohibitions will be implemented.

NR 153.17(6)(d) (d) Potential for the desired water quality response to implementation of best management practices.

NR 153.17(6)(e) (e) Evidence of local support and involvement, including support from governmental units, interest groups, landowners, and land operators. The department may also request information concerning a governmental unit’s continuous decision-making process which ensures participation by minority and low income populations in affected areas, along with majority populations, to ensure that as an outcome all people receive the benefits of a clean, healthy, and sustainable environment regardless of race, national origin, or income.

NR 153.17(6)(f) (f) Consistency between the project and other state and local resource management plans.

NR 153.17(6)(g) (g) Project budget and cost effectiveness.

NR 153.17(6)(h) (h) Use of other funding sources to supplement or reduce the state cost share provided under this chapter.

NR 153.17(6)(i) (i) Strategy for evaluating changes in pollution potential, pollutant loading, and receiving water response after implementation of the project.

NR 153.17(6)(j) (j) Extent of local authority to enforce performance standards and prohibitions, including information required to determine the project score enforcement multiplier under s. NR 153.19 (4).

NR 153.17(6)(k) (k) For the city of Racine, an explanation of how the proposed project will contribute to meeting storm water requirements under ch. NR 216.

NR 153.17 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; correction of numbering of (3), (4) made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660.

NR 153.18 NR 153.18 Targeted runoff management project screening. This section applies only to targeted runoff management projects.

NR 153.18(1) (1) The department may deny consideration of applications that are incomplete by the submittal deadline. The department may consider an application incomplete if the project proposal requires significant additional review to determine compliance with other state laws and the department determines that such reviews may significantly delay the project. State laws that the department may consider in determining if the application is incomplete include those to protect navigable waters, wetlands, historic places, historic properties, endangered resources, or threatened resources and laws for managing environmental hazards due to site contamination.

NR 153.18(2) (2) The department shall screen each completed project application to determine if the project meets basic eligibility criteria for funding under this chapter. The department shall use the information required in s. NR 153.17 (4) to make this determination. The department shall remove from further consideration applications that fail to satisfy screening requirements and shall inform the applicant of this decision.

NR 153.18 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. Register December 2010 No. 660, eff. 1-1-11.

NR 153.19 NR 153.19 Targeted runoff management project scoring.

NR 153.19(1) (1) Applicability. This section applies only to targeted runoff management projects.

NR 153.19(2) (2) Scoring procedure for small scale projects. The department shall use the procedure in this subsection to score any small scale project that passes the eligibility screening under s. NR 153.18.

NR 153.19(2)(a) (a) The department shall develop an initial project score using the information submitted by the applicant under s. NR 153.17 (6).

NR 153.19(2)(a)1. 1. The department shall assign a sub-score to each of the application elements identified under s. NR 153.17 (6). The initial project score shall be the sum of the sub-scores.

NR 153.19(2)(a)2. 2. In determining the initial project score for small scale projects, the department shall give greatest weight to water quality need, extent of pollution control, and cost-effectiveness.

NR 153.19(2)(a)3. 3. The department may establish minimum score requirements to identify projects that should be removed from further consideration.

NR 153.19(2)(b) (b) The department shall multiply the initial project score by a factor based on local enforcement authority to determine the final project score. The department shall determine the local enforcement factor in accordance with sub. (4).

NR 153.19(3) (3) Scoring procedure for large scale projects. The department shall use the procedure in this subsection to score any large scale project that passes the eligibility screening under s. NR 153.18.

NR 153.19(3)(a) (a) The department shall develop an initial project score using the information submitted by the applicant under s. NR 153.17 (5).

NR 153.19(3)(b) (b) The department shall multiply the initial project score by a factor based on local enforcement authority to determine the final project score. The department shall determine the local enforcement factor in accordance with sub. (4).

NR 153.19(4) (4) Multipliers for local enforcement authority.

NR 153.19(4)(a) (a) The department shall increase the initial project score in accordance with this subsection if there are local regulations adopted prior to application submittal that give local authority to enforce state performance standards and prohibitions. The result shall be the final project score.

NR 153.19(4)(b) (b) The department shall increase the initial project score in accordance with the following for projects that are agricultural in nature.

NR 153.19(4)(b)1. 1. The department shall multiply the initial project score by a factor of 1.15 if the applicant certifies to the department that it has local authority to enforce all state agricultural performance standards and prohibitions at all sites within the local jurisdiction where such state agricultural performance standards and prohibitions apply.

NR 153.19(4)(b)2. 2. The department shall adjust the enforcement multiplier based on the scope of the local ordinance coverage. Adjustments under this subdivision shall be made so that the multiplier is greater than 1.0 but less than 1.15 for instances where the local regulations cover some, but not all, of the state agricultural performance standards and prohibitions or where a local regulation is applicable to some, but not all, of the sites where the state agricultural performance standard or prohibition applies. The department may request that a copy of applicable ordinances be made available to the department for review in determining the enforcement multiplier.

NR 153.19(4)(b)3. 3. The department may adjust the multiplier if the ordinance contains a variance clause that significantly reduces the effectiveness of the ordinance in achieving compliance with the state agricultural performance standards or prohibitions, or both.