Chapter NR 154

NR 154.02(2) (2) “Cost-effective” means economical in terms of the tangible benefits produced by the money spent. Tangible benefits include pollution control, fish and wildlife habitat enhancement, enhancements to recreation, public safety, economical operation, economical maintenance and enhanced life expectancy of the best management practice.

NR 154.02(3) (3) “Cost-share agreement” means the agreement established between the governmental unit and the cost-share recipient which identifies the best management practices to be used on the cost-share recipient’s lands and the cost estimate, installation schedule and operation and maintenance requirements for these best management practices.

NR 154.02(4) (4) “Cost-sharing” means the action of financing a best management practice, or conservation practice by means of a cost-share agreement.

NR 154.02(5) (5) “Dam” means any artificial barrier in or across a waterway, which has the primary purpose of impounding or diverting water. “Dam” includes all appurtenant works, such as a dike, canal or powerhouse.

NR 154.02(6) (6) “Department” means the Wisconsin department of natural resources.

NR 154.02(7) (7) “Governmental unit” means any unit of government including, but not limited to, a county, city, village, town, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, Stats., town sanitary district, public inland lake protection and rehabilitation district, regional planning commission or drainage district operating under ch. 89, 1961 Stats., or ch. 88, Stats. Governmental unit does not include the state or any state agency.

NR 154.02(8) (8) “Landowner” means any individual, partnership, corporation, municipality or person holding title to land.

NR 154.02(9) (9) “Land operator” means any individual, partnership, corporation, municipality or person having possession of or holding a lease in land and who is not a landowner.

NR 154.02(10) (10) “Nonpoint source” means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source under s. 283.01 (12), Stats.

NR 154.02(11) (11) “NRCS” means the natural resources conservation service of the U.S. department of agriculture.

NR 154.02(12) (12) “Priority watershed plan” means the detailed portion of the areawide water quality management plan prepared for priority watersheds as described in s. NR 120.08.

NR 154.02(13) (13) “Project sponsor” means a governmental unit or state agency applying for and receiving grant assistance under s. 281.65 or 281.66, Stats.

NR 154.02(14) (14) “Structural height” means the difference in elevation in feet between the point of lowest elevation of a dam before over-topping and the lowest elevation of the natural stream or lake bed at the downstream toe of the dam.

NR 154.02(15) (15) “Technical guide” means the NRCS field office technical guide, published by the NRCS, which is incorporated by reference for this chapter.

NR 154.02 Note Note: Copies of the technical guide are on file with the department and the legislative reference bureau. Copies of individual standards contained in the technical guide may be obtained from a county land conservation department, an NRCS field office, or the national NRCS website at: http://www.nrcs.usda.gov, or the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov.

NR 154.02(16) (16) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 154.02(17) (17) “WPDES permit” means a ch. 283, Stats., Wisconsin pollutant discharge elimination system permit.

NR 154.02 History History: CR 00-036: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 154.03 NR 154.03 Cost-share rates.

NR 154.03(1) (1) State cost-share rates.

NR 154.03(1)(a) (a) The cost-share rates in this section apply to eligible costs in projects funded under chs. NR 153 and 155 unless specified otherwise in this section.

NR 154.03(1)(b) (b) Except in cases of economic hardship, the maximum state cost-share rate for individual best management practices cost-shared in a targeted runoff management project under ch. NR 153 may not exceed 70%.

NR 154.03(1)(c) (c) The cost-share rates for best management practices implemented in an urban nonpoint source water pollution abatement and storm water management project under ch. NR 155 are as follows:

NR 154.03(1)(c)1. 1. The cost-share rate may not exceed 70% of the eligible costs for individual best management practices committed on signed cost-share agreements or nonpoint source grants prior to October 29, 1999.

NR 154.03(1)(c)2. 2. The cost-share rate may not exceed 50% of the eligible cost for individual best management practices committed on signed cost-share agreements or nonpoint source grants after October 29, 1999.

NR 154.03(1)(d) (d) The state cost-share rates for land acquisition, storm sewer rerouting and removal of structures necessary to install structural urban best management practices may not exceed 50% of the eligible costs.

NR 154.03(1)(e) (e) Cost-share funding authorized under s. 92.14, 281.65, 281.66 or 281.665, Stats., shall be considered part of the state rate.

NR 154.03(1)(f) (f) In cases of economic hardship, cost-share rates and flat rates in this section shall be increased in accordance with sub. (3), if the project is funded under ch. NR 153.

NR 154.03(1)(g) (g) The department may provide cost sharing up to the original cost-shared rate to replace an agricultural best management practice cost-shared under ch. NR 153, in accordance with s. NR 153.15 (2) (b).

NR 154.03(1)(h) (h) The cost-share rates for agricultural best management practices on cost-share agreements funded under ch. NR 153 and signed prior to May1, 2020, may be amended to use the rates identified in this section.

NR 154.03(1)(i) (i) The following conditions further specify eligibility criteria for cost-share reimbursements under this section:

NR 154.03(1)(i)1. 1. Wildlife habitat recreation associated with implementation of contour farming and stripcropping funded under ch. NR 153 has a maximum state cost-share rate of 70%.

NR 154.03(1)(i)2. 2. Flat rates identified under par. (j) may be used in lieu of calculating cost-share amounts for any project.

NR 154.03(1)(i)3. 3. For the best management practice under s. NR 154.04 (25), riparian buffers, a single payment in addition to installation costs may be made in accordance with the following:

NR 154.03(1)(i)3.a. a. For riparian buffers under s. NR 154.04 (25), $500 per acre used for the buffer.

NR 154.03(1)(i)3.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 154.03(1)(i)4. 4. Cost-share payments for high residue management systems may not be made for more than a total of 4 years.

NR 154.03(1)(i)5. 5. Cost-share payments for cover crop may not be made for more than a total of 4 years.

NR 154.03(1)(i)6. 6. Cost-share payments for nutrient management may not be made for more than a total of 4 years.

NR 154.03(1)(i)7. 7. Cost-share payments for pesticide management may not be made for more than a total of 4 years.

NR 154.03(1)(i)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 154.03(1)(j) (j) A governmental unit may use the following state cost-share rates per acre in lieu of the state cost-share percentage listed in this section:

NR 154.03(1)(j)1. 1. $9.00 per acre for contour farming.

NR 154.03(1)(j)2. 2. $13.50 per acre for strip cropping.

NR 154.03(1)(j)4. 4. $18.50 per acre per year for high residue management systems.

NR 154.03(1)(j)5. 5. $70.00 per acre per year for cover crop.

NR 154.03(1)(j)7. 7. 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 154.03(1)(j)8. 8. $10.00 per acre for nutrient management plans.

NR 154.03(2) (2) Local share.

NR 154.03(2)(a) (a) The local share of project costs for projects funded under ch. NR 153 or 155 may include funds from federal, local or private sources, or state sources not identified under sub. (1) (e).

NR 154.03(2)(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 154.03(2)(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 154.03(3) (3) Economic hardship.

NR 154.03(3)(a) (a) The governmental unit submitting an application under s. NR 153.17 shall exceed the cost-share limits identified under sub. (1) if the landowner or land operator that will provide the local share of best management practice installation either meets the application and economic hardship requirements in this subsection or meets the application and economic hardship requirements in s. NR 120.18 (4).

NR 154.03(3)(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 154.03(3)(c) (c) The landowner or land operator shall include the following financial information and supporting documentation in the application:

NR 154.03(3)(c)1. 1. A signed and notarized statement by a certified public accountant or accredited financial institution certifying that, based on a financial statement prepared according to generally accepted accounting principles that:

NR 154.03(3)(c)1.a. a. The landowner or land operator is unable to make the cost-share contribution normally required under sub. (2).

NR 154.03(3)(c)1.b. b. The landowner or land operator will be able to pay the balance of the cost to install the cost-shared practice if the landowner or land operator receives hardship cost sharing under par. (e).

NR 154.03(3)(c)2. 2. A certification by the landowner or land operator in a sworn affidavit that the landowner or land operator has provided to the certified public accountant or accredited financial institution under this section a full and true disclosure of the landowner’s or land operator’s financial condition, including a copy of the landowner’s or land operator’s latest farm financial statement.

NR 154.03(3)(c)3. 3. The department may require that it approve the method used by the certified public accountant or accredited financial institution under this paragraph.

NR 154.03(3)(d) (d) The governmental unit shall make a determination of economic hardship based on the recommendation of the certified public accountant or accredited financial institution on the application received in par. (c).

NR 154.03(3)(e) (e) If evidence of economic hardship is verified in accordance with the criteria in par. (c), 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 154.03(3)(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 154.03(3)(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 154.03(3)(f) (f) The governmental unit shall notify the department in writing when it has made a determination of economic hardship.

NR 154.03 History History: CR 00-036: cr. Register September 2002 No. 561, eff. 10-1-02; CR 19-002: am. (1) (h), (i) 1., 3. (intro.), r. (1) (i) 3. b., am. (1) (i) 5., (j) 1., r. (1) (j) 3., am. (1) (j) 5., r. (1) (j) 6., am. (1) (j) 8., (3) (a) Register April 2020 No. 772, eff. 5-1-20; correction in (1) (j) 5., (3) (a) made under s. 35.17, Stats., Register April 2020 No. 772.

NR 154.04 NR 154.04 Best management practices, cost-share eligibility and standards.

NR 154.04(1) (1) General applicability.

NR 154.04(1)(a) (a) The best management practices, technical standards and cost-share eligibility conditions in this section may be used to achieve compliance with the performance standards under ch. NR 151 and shall be used, in conjunction with the other provisions of this chapter and chs. NR 153 and 155 to determine cost-share amounts.

NR 154.04(1)(b) (b) Inconsistencies between provisions concerning cost-share eligibility or cost-share conditions contained in portions of ch. ATCP 50 incorporated by reference into this section, and provisions concerning cost-share eligibility or cost-share conditions contained in ch. NR 153 or this chapter, shall be resolved in favor of the cost-share eligibility and cost-share conditions provisions in ch. NR 153 or this chapter.

NR 154.04(1)(c) (c) The cost-share conditions and standards for all best management practices listed in this chapter shall apply to all cost-share and grant agreements signed after May 1, 2020.

NR 154.04(2) (2) General conditions.

NR 154.04(2)(a) (a) The cost-share conditions in this subsection apply to best management practices funded under chs. NR 153 and 155. The conditions in this subsection, subs. (3) to (42) and chs. NR 153 and 155 shall be met in administering grants under chs. NR 153 and 155.

NR 154.04(2)(b) (b) Any references to s. ATCP 50.40 made by cross-reference in this section do not apply to the department.

NR 154.04(2)(c) (c) Notwithstanding cross-references to ch. ATCP 50, the department shall make all required determinations for the purposes of chs. NR 120, 151, 153, 155, 216, 243 and this chapter.

NR 154.04(2)(d) (d) If the department finds that a standard or best management practice in this section is not adequate to implement a performance standard, it shall notify the state agency responsible for the standard or best management practice in writing, or institute the technical standard development process of ch. NR 151.

NR 154.04(2)(e) (e) All of the standards and best management practices in this chapter are considered cost-effective best management practices if they are implemented in accordance with ss. NR 153.15 (6) or 155.15 (5).

NR 154.04(2)(f) (f) Wetlands may not be destroyed or degraded as a result of installing a best management practice.

NR 154.04(2)(g) (g) Erosion and sediment generated from the construction of the best management practice shall be controlled in conformance with the applicable performance standards in ss. NR 151.105 and 151.11, using the technical standards developed pursuant to subch. V of ch. NR 151 or equivalent methodology.

NR 154.04 Note Note: Copies of construction site erosion control technical standards are available electronically at https://dnr.wi.gov/topic/stormwater/standards/const_standards.html.

NR 154.04(2)(h) (h) Permanent and temporary vegetative cover including materials such as seed, mulch, fertilizer, trees or shrubs, except for conventional agricultural cover crop, shall be established where necessary to prevent soil erosion during and after the installation of a best management practice in this chapter.

NR 154.04(2)(i) (i) Preparation, grading, shaping and removal of obstructions necessary to allow the installation of best management practices shall be conducted on the site.

NR 154.04(2)(j) (j) Temporary or permanent fencing and the repair of fencing necessary to implement or protect a best management practice shall be built.

NR 154.04(2)(k) (k) All required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.

NR 154.04(2)(L) (L) A best management practice listed in this chapter and which are conducted below the ordinary high water mark may be eligible for cost-sharing only when the practice is a cost-effective means of preventing or reducing pollutants generated from sources of runoff or from sediments of inland lakes polluted by runoff, or a practice designed to promote and enhance fish habitat.

NR 154.04(2)(m) (m) If the department determines that a best management practice or technical standard cross-referenced in this chapter to ch. ATCP 50 is cost-effective to address a non-agricultural or transportation performance standard required by subch. III or IV of ch. NR 151, the department may use the best management practice or technical standard, or may modify the best management practice or technical standard according to the procedures of subch. V of ch. NR 151.

NR 154.04(2m) (2m) Voluntary use of updated technical standards. The department may cost-share a more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 if all of the following apply:

NR 154.04(2m)(a) (a) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 provides water quality benefits at least as beneficial as the version listed in this subchapter.