NR 153.22 Note
Note: Compliance with conditions in a cost-share agreement does not assure compliance with performance standards under ch.
NR 151. For example, the operation and maintenance period for purposes of cost sharing is 10 years for most practices. However, best management practices must be maintained in perpetuity to comply with performance standards under ch.
NR 151. Under ch.
NR 151, cost sharing must only be made available once to bring a specific nonpoint source into compliance with the performance standard. Continued cost sharing is not required to be made available and long-term compliance with performance standards is the responsibility of the landowner or operator, heirs or subsequent owners or operators. Chapters
NR 151 and
ATCP 50 identify when cost sharing is considered to be available for purposes of required compliance with performance standards.
NR 153.22(3)(o)
(o) A statement that the cost-share recipient agrees to provide information related to cost sharing and work performed under other federal, state, and local grant programs, if required by the cost share provider to meet the reporting requirements of this chapter.
NR 153.22(3)(p)
(p) The cost-share recipient shall allow the governmental unit to conduct an inventory of the entire farm for compliance with state performance standards and prohibitions as a condition of cost-share eligibility.
NR 153.22(4)
(4) Department approval. The governmental unit shall obtain prior department approval when the total cost-share agreement amount, including amendments, exceeds $50,000 in state share. The department shall consider the cost-effectiveness of the best management practices and eligibility for cost sharing under this chapter in making its decision whether to grant approval.
NR 153.22(5)
(5) Submittal to department. Unless required otherwise under
sub. (4), the cost-share agreement provider shall submit a copy of the cost-share agreement and amendments to the department within 30 days of execution. The department may deny reimbursement to the governmental unit for costs associated with the installation of a best management practice not in conformance with the cost-share agreement, the runoff management grant agreement or the project grant application.
NR 153.22(6)
(6) Agreement period. The cost-share agreement period shall be the period from the cost-share agreement signing to the end of the operation and maintenance period.
NR 153.22(6)(a)
(a) The period during which practices in a signed cost-share agreement may be installed may not extend beyond the period of the runoff management grant agreement for the project.
NR 153.22(6)(b)
(b) For purposes of complying with the cost-share agreement, the operation and maintenance period for a best management practice begins when the best management practice installation is complete and ends after the required operation and maintenance period has expired. The operation and maintenance period for each cost-shared and not cost-shared best management practice shall last for a minimum of 10 years except that the operation and maintenance period shall last for a minimum of 15 years if a payment is made under
s. NR 154.03 (1) (i) 3.
NR 153.22(6)(b)1.
1. Except if required as a component of another practice, the following practices are required under the cost-share agreement to meet the maintenance requirement only during the years for which cost sharing is received:
NR 153.22(6)(b)2.
2. If a practice in
subd. 1. is required as a component of another practice in
ch. NR 154, the operation and maintenance period for the component practice shall be the same as the operation and maintenance period for the practice for which it is required.
NR 153.22 Note
Note: Cost-share agreement operation and maintenance periods are conditions of cost-sharing. Violation of operation and maintenance requirements of cost-share agreements may result in recovery of cost-share payments received by the cost-share recipient. There is a separate requirement under ch.
NR 151 that once a cropland practice or livestock facility is brought into compliance with performance standards and prohibitions, compliance must be maintained in perpetuity.
NR 153.22(7)
(7) Failure to fulfill agreement. If the cost-share recipient fails to fulfill any terms of the cost-share agreement, including failing to install, operate, and properly maintain the practices of the agreement, cost-shared funds received by the cost-share recipient shall be repaid to the governmental unit which is the provider of the agreement. The provider shall forward the repayment to the department.
NR 153.22(8)(a)(a) If the practice becomes ineffective either during the grant period of the runoff management grant agreement or during the operation and maintenance period for the project, and the reason for the practice becoming ineffective is beyond the control of the cost-share recipient, the department may award a new grant agreement or amend and extend the existing runoff management grant agreement to cost share the replacement of the practice.
NR 153.22(8)(b)
(b) An appropriate operation and maintenance period for the replacement practice shall be identified in the cost-share agreement.
NR 153.22(9)
(9) Change in ownership. If a change in ownership occurs during the cost-share agreement period or during the operation and maintenance period of a practice, the new landowner shall be responsible for fulfilling all conditions of the cost-share agreement. Upon receiving written approval from the respective local governmental unit, the new landowner may implement alternative approved best management practices provided that an equal or greater level of pollution control is achieved.
NR 153.22(10)
(10) Recording of cost-share agreements with register of deeds. NR 153.22(10)(a)(a) The governmental unit shall record the cost-share agreement and its amendments in the office of the register of deeds for each county in which the property is located if the cost-share agreement includes a riparian buffer, or payments under
s. NR 154.03 (1) (i) 3., or if the total cost-share agreement amount exceeds the following:
NR 153.22(10)(b)
(b) The governmental unit shall record these documents prior to making reimbursements to the landowner or land operator.
NR 153.22(10)(c)
(c) A cost-share agreement may be exempt from the recording requirement if the cost-share agreement contains no other practices than the following:
NR 153.22(11)
(11) Release of property from obligations of cost-share agreements. At the request of the cost-share recipient, a governmental unit may fully or partially release a property from the obligations of the cost-share agreement provided that the governmental unit has determined that the best management practices installed on the property will be maintained or replaced with practices which will not increase the pollutant loading to surface water or groundwater counter to the water resource objectives of the grant application. If state dollars in excess of the amounts enumerated under
sub. (10) (a) have been expended for best management practices that are located on the property to be released, the governmental unit shall obtain written approval from the department before releasing the property from the obligations of the cost-share agreement. The release form shall be obtained from the department and filed with the cost-share agreement.
NR 153.22 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 153.22(12)
(12) Satisfaction of cost-share agreements. At the request of the cost-share recipient, the governmental unit may issue a certificate of satisfaction provided the governmental unit has determined that the cost-share recipient has met all of the obligations of the cost-share agreement, including the operation and maintenance period. The satisfaction shall be documented on a form provided by the department and filed with the cost-share agreement. For cost-share agreements recorded with the register of deeds under
sub. (10), the satisfaction form shall be recorded in the office of the register of deeds for each county in which the property is located.
NR 153.22 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 153.22 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (1) (a), (3) (d), (f), (j), (m), (n), (6) (b) 1. (intro.), (7), (8) (a), (9), (11), r. (3) (k), cr. (3) (o), (p), (12)
Register December 2010 No. 660, eff.1-1-11.
NR 153.23(1)
(1) Governmental units as providers of cost-share agreements shall identify and agree to use one or more of the following cost containment procedures for each best management practice identified in the runoff management grant agreement.
NR 153.23(1)(a)
(a)
Average cost. Based on past cost information, a governmental unit determines an average cost per unit of materials and labor for the installation of a best management practice which may not be exceeded. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
NR 153.23(1)(b)
(b)
Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a best management practice. Eligible costs may not exceed the maximum cost of the range. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
NR 153.23(1)(c)
(c)
Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a best management practice. The cost-share payment shall be calculated based on the lowest bid meeting acceptable qualifications. The governmental unit shall identify criteria for determining acceptable qualifications. The landowner or land operator may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.
NR 153.23(1)(d)
(d)
Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in
ch. NR 154 for installation of a best management practice.
NR 153.23(1)(e)
(e) Force account. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.
NR 153.23(1)(g)
(g)
Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.
NR 153.23(2)
(2) The cost-containment procedures in this section shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners or land operators installing best management practices:
NR 153.23(2)(a)
(a) All sources of local share donation shall be indicated in the project application submitted under
s. NR 153.17.
NR 153.23(2)(b)
(b) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.
NR 153.23(2)(c)
(c) The value of donated equipment may not exceed the equipment rates for highways established by the Wisconsin department of transportation.
NR 153.23 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
NR 153.23(2)(d)
(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 153.23 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (1) (e) (title), r. (1) (f)
Register December 2010 No.660, eff. 1-1-11.
NR 153.25(1)
(1)
Eligible activities. The department may provide funding to a governmental unit holding a runoff management grant agreement under
s. NR 153.21 for any of the following:
NR 153.25(1)(a)
(a) Acquire land in fee or an easement identified in the grant application for the construction of a structural urban best management practice.
NR 153.25(1)(b)
(b) Acquire land in fee or an easement identified in the grant application for land which is contributing or will contribute nonpoint source pollution. This includes property acquisition to support best management practices such as critical area stabilization, riparian buffers, wetland restoration and the abandonment or relocation of livestock and livestock facilities.
NR 153.25(1)(c)
(c) Acquire land in fee or an easement to abandon or relocate livestock or livestock facilities provided that any of the following conditions are met:
NR 153.25(1)(c)2.
2. If the acquisition amount is greater than the amount of funding required to install best management practices at the site, the acquisition may be selected as the cost-effective best management practice if the department concurs that the acquisition is justified based on the additional degree of water quality protection.
NR 153.25(1)(c)3.
3. If the acquisition amount is less than the amount required to install best management practices and the landowner is unwilling to sell the property right, the department may use the acquisition amount as a cost-share ceiling on the cost of installing the best management practice.
NR 153.25(2)
(2) Mutual agreement and duration. The landowner and the department shall mutually agree to the conducting of an appraisal. Easements, including donated conservation easements, shall be acquired for perpetuity.
NR 153.25(3)
(3) Donated easements. The department may authorize, in writing, any governmental unit, qualified non-profit organization, or person to use grant funds under this chapter to enter into easements or accept a donated conservation easement consistent with the grant application and runoff management grant. Upon acceptance of a donated easement under
s. NR 154.03 (2) (c), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement.
NR 153.25(4)
(4) Grants to the department for easement purchase. The department may distribute grants and aids to itself for the purchase of easements in a priority watershed area. For purposes of this subsection, a priority watershed or priority lake project is considered to retain its project status through the end of the tenth year beyond the expiration date of the nonpoint source grant agreement entered into under
s. NR 120.12.
NR 153.25(5)(a)(a) A governmental unit requesting runoff management grant funds under this section for the acquisition of property in fee or an easement shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the runoff management grant application or grant amendment request.
NR 153.25(5)(b)
(b) The acquisition proposal for fee title or easement shall include all of the following:
NR 153.25(5)(b)1.
1. A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the project for which the grant is applied.
NR 153.25(5)(b)2.
2. A copy of the appropriate county, township, topographic, and local land use planning maps showing the proposed acquisition.
NR 153.25(5)(b)3.
3. A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts.
NR 153.25(5)(c)
(c) For fee title acquisition, the following additional information is required as part of the acquisition proposal:
NR 153.25(5)(c)1.
1. 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 153.25(5)(c)2.
2. 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 153.25(6)(a)(a) Governmental units shall acquire and manage property acquired with a runoff management grant in accordance with all applicable local, state, and federal laws and regulations.
NR 153.25(6)(b)
(b) After approval of the acquisition proposal and receipt of a grant from the department, a governmental unit shall obtain an appraisal for each property.
NR 153.25(6)(b)1.
1. All appraisals shall be subject to department review and approval.
NR 153.25(6)(b)2.
2. After it has received approval from the department, the governmental unit may act on the appraisal.
NR 153.25(6)(b)3.
3. All appraisals shall be conducted by a certified or licensed appraiser as described in
ch. 458, Stats., and
chs. SPS 85 to
86.
NR 153.25(6)(b)4.
4. All acquisitions with a fair market value of more than $350,000 shall require 2 appraisals. The department may require a second appraisal for property valued under $350,000 if the department finds that the property presents a difficult appraisal problem or if the first appraisal is unacceptable.
NR 153.25(6)(c)
(c) Property may be purchased only from willing sellers. The governmental unit shall provide the seller with a just compensation statement, which identifies the fair market value of the property, as determined by an appraiser meeting the requirements listed in
par. (b) 3. and which describes the benefits due to the seller in exchange for the transfer of the seller's property.
NR 153.25(6)(e)
(e) Property acquired with a runoff management grant shall be maintained and managed in accordance with the provisions, conditions, and scope description in the grant contract.
NR 153.25(6)(f)
(f) A governmental unit may be allowed to acquire property prior to entering into a runoff management grant agreement, provided that the governmental unit has received written approval from the department prior to purchasing the targeted property. The governmental unit shall submit a written statement to the department, which explains the special circumstances justifying the need to acquire the property at that time. Prior to runoff management grant reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with
par. (b).
NR 153.25(6)(g)
(g) The governmental unit shall record in the office of the register of deeds for each county in which property is located the deed which vests title or a property interest in the governmental unit and which references the interest of the state of Wisconsin in the property under the terms of the grant contract.
