Chapter NR 155

NR 155.17 Note Note: Chapter NR 152 contains a model ordinance to guide municipalities in developing local regulations to control construction site erosion.

NR 155.17(2)(b)4.b. b. Adoption, implementation, and enforcement of urban runoff control plans and ordinances to control post-construction runoff from areas of new development and redevelopment consistent with non-agricultural performance standards in subch. III of ch. NR 151.

NR 155.17 Note Note: Chapter NR 152 contains a model ordinance to guide municipalities in developing local regulations to control post-construction urban runoff from areas of new development and redevelopment.

NR 155.17(2)(b)4.c. c. Adoption of municipal storm water plans or policies for developed urban areas consistent with non-agricultural performance standards in s. NR 151.13.

NR 155.17(2)(b)5. 5. A list of the urban best management practices for which funding is requested, including easements or property acquisitions associated with any of these practices, and identification of practice eligibility under s. NR 155.15.

NR 155.17(2)(b)6. 6. Evidence that the proposed project is consistent with non-agricultural and transportation performance standards contained in subchs. III and IV of ch. NR 151.

NR 155.17(2)(b)7. 7. Evidence that inter-municipal agreements have been or will be executed when needed to assure design, construction, operation and maintenance of urban runoff control implemented cooperatively by multiple units of government or the Board of Regents.

NR 155.17(2)(b)8. 8. A list of local assistance activities for which funding is requested and an identification of eligibility under s. NR 155.16.

NR 155.17(2)(b)9. 9. Certification that the activities listed on the application will be completed within the allowable time period specified by the department in the application materials.

NR 155.17(2)(b)10. 10. Certification that the applicant has made arrangements to provide the staff or contract services necessary to implement the project.

NR 155.17(2)(b)11. 11. Certification that staff and contractors designated for the project have adequate training, knowledge and experience to implement the proposed project.

NR 155.17(2)(b)12. 12. Other information that the department may require to screen the application for compliance with minimum requirements.

NR 155.17(2)(b)13. 13. Certification that the applicant will obtain control of the property upon which the practice will be constructed prior to commencement of the grant period.

NR 155.17(2)(b)14. 14. Written confirmation that the applicant’s prior urban nonpoint construction grant projects will be completed within the applicable grant period or periods.

NR 155.17(2)(c) (c) Scoring information required by the department to evaluate and rank the project. Scoring information includes all of the following unless otherwise exempted in this section.

NR 155.17(2)(c)1. 1. Fiscal accountability and cost-effectiveness information for the proposed project including:

NR 155.17(2)(c)1.a. a. A work schedule.

NR 155.17(2)(c)1.b. b. A financial budget showing total costs.

NR 155.17(2)(c)1.c. c. All funding sources, including sources of in-kind local share donation as provided for in s. NR 155.23 (2).

NR 155.17(2)(c)1.d. d. Documentation of project cost-effectiveness.

NR 155.17(2)(c)2. 2. A project evaluation and monitoring strategy including pre- and post-project information concerning actual or potential changes in land use, changes in pollutant loading or changes in chemical, physical or biological conditions of the water resources affected by the project.

NR 155.17(2)(c)3. 3. Evidence of local support and involvement including support from governmental units, the Board of Regents, interest groups, landowners and land operators that need to implement urban best management practices. Evidence of local involvement also includes 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 155.17(2)(c)4. 4. The project priority in relation to other department water basin priorities, such as those identified on priority lists established by the department or its basin partnership teams, or the priority based on department statewide research needs relating to evaluation of urban runoff control technologies.

NR 155.17(2)(c)5. 5. The water quality need to be addressed by the project including impairment or threats to water quality caused or contributed to by urban runoff in the area that will be addressed by the project. The water quality need shall be related to one or more of the following categories:

NR 155.17(2)(c)5.a. a. Existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

NR 155.17(2)(c)5.b. b. Existence of groundwater impairment due to nitrates or other compounds exceeding the ground water enforcement standards.

NR 155.17(2)(c)5.c. c. Existence of surface waters identified in an areawide water quality management plan as partially meeting designated uses.

NR 155.17(2)(c)5.d. d. Existence of surface waters where water quality is significantly threatened based on changes in land use or evidence of declining water quality.

NR 155.17(2)(c)5.e. e. Existence of groundwater impairment due to nitrates or other compounds that are greater than the preventive action limit but less than the enforcement standard.

NR 155.17(2)(c)5.f. f. Existence of high quality, recreationally significant waters, such as outstanding or exceptional resource waters, where potential degradation is a concern but the water body is not considered to be currently threatened.

NR 155.17(2)(c)5.g. g. Existence of waters that are neither high quality, recreationally significant nor considered to be currently threatened but where urban runoff control is needed to prevent eventual degradation.

NR 155.17(2)(c)5.h. h. Existence of waters used for public drinking water supplies where control of contaminants is desired in the designated wellhead protection or source water protection area.

NR 155.17(2)(c)6. 6. The extent of pollutant control to be achieved by the project, including the level of knowledge concerning the amount of pollution control needed to achieve water quality goals and the extent of pollution control that will be achieved in the project area.

NR 155.17(2)(c)7. 7. Consistency between the project and other resource management plans such as urban runoff control plans, land use plans, growth management plans, wellhead protection plans, lake management plans, county land and water resource management plans and remedial action plans.

NR 155.17(2)(c)8. 8. The use of other funding sources to supplement or reduce the state cost share provided under this chapter, such as funding from federal, state, local and interest group sources or the application of in-kind contributions to capital costs only.

NR 155.17(2)(c)9. 9. The extent of local implementation programs in effect over the project area, including information required to determine the project multiplier under s. NR 155.19 (4).

NR 155.17(2)(c)10. 10. The way in which the proposed project will contribute to meeting storm water requirements under ch. NR 216 for the city of Racine.

NR 155.17 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (2) (b) 2., 4. b., cr. (2) (b) 13., 14., r. (2) (d) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (1) (b), (2) (b) 3. d., 7., (c) 3. Register April 2016 No. 724, eff. 5-1-16.

NR 155.18 NR 155.18 Project screening.

NR 155.18(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.

NR 155.18(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 155.17 (2) (b) to make this determination. 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 155.18 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (2), r. (3) Register December 2010 No. 660, eff. 1-1-11.

NR 155.19 NR 155.19 Project scoring.

NR 155.19(1) (1) Scoring procedure. The department shall use the procedure in this subsection to score each project that passes the eligibility screening under s. NR 155.18.

NR 155.19(1)(a) (a) The department shall develop an initial project score using the information submitted by the applicant under s. NR 155.17 (2) (c) and detailed scoring guidelines developed by the department. The department shall develop and maintain detailed scoring guidelines in accordance with sub. (2).

NR 155.19(1)(b) (b) The department shall evaluate the initial project component sub-score for each element of the project to determine if the project has overall viability. The department shall determine viability of the project in accordance with sub. (3). Projects considered to be non-viable shall be removed from further consideration.

NR 155.19(1)(c) (c) The department shall multiply the initial project score by a factor based on local implementation capability to determine the final project score. The department shall determine the local implementation factor in accordance with sub. (4).

NR 155.19(2) (2) Initial project score.

NR 155.19(2)(a) (a) The department shall develop guidelines to assure consistent and fair scoring of project applications. The department shall revise the guidelines periodically as necessary to assure that project selections are consistent with priorities in s. 281.66, Stats. The department may convene an advisory committee to assist itself in developing and revising the scoring guidelines.

NR 155.19(2)(b) (b) Guidelines for developing initial project scores shall be consistent with all of the following:

NR 155.19(2)(b)1. 1. Sub-scores shall be developed for key project components. Key components include all of the following:

NR 155.19(2)(b)1.a. a. Fiscal accountability and cost-effectiveness.

NR 155.19(2)(b)1.b. b. Project evaluation and monitoring strategy.

NR 155.19(2)(b)1.c. c. Evidence of local support and involvement.

NR 155.19(2)(b)1.d. d. Consistency with department water basin priorities.

NR 155.19(2)(b)1.e. e. Water quality need.

NR 155.19(2)(b)1.f. f. Extent of pollutant control.

NR 155.19(2)(b)1.g. g. Consistency of project with other resource management plans.

NR 155.19(2)(b)1.h. h. Use of other funding sources.

NR 155.19(2)(b)1.i. i. Application of the project to storm water requirements for the city of Racine.

NR 155.19(2)(b)2. 2. The project component for water quality need shall be assigned the highest sub-score. The priorities within this sub-score component shall address the list of water quality needs in s. NR 155.17 (2) (c) 5. The highest priority within this list shall be assigned to water quality need that is based on the existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

NR 155.19(2)(b)3. 3. The intent to achieve performance standards contained in ch. NR 151 shall be considered as a criterion for evaluating at least one of the key project components listed in subd. 1., and shall be the highest priority in developing that component sub-score.

NR 155.19(2)(b)4. 4. The component sub-score related to application of the project to municipal storm water permit requirements under ch. NR 216 for the city of Racine shall be assigned the lowest sub-score.

NR 155.19(2)(b)5. 5. The initial project score for a project shall be the sum of the project’s component sub-scores.

NR 155.19(3) (3) Minimum qualifying score requirements.

NR 155.19(3)(a) (a) The department may identify minimum qualifying component sub-score requirements to determine viable projects for further consideration.

NR 155.19(3)(b) (b) The department may consider minimum qualifying component sub-score requirements for the following project components:

NR 155.19(3)(b)1. 1. Fiscal accountability and cost effectiveness.

NR 155.19(3)(b)2. 2. Project evaluation and monitoring strategy.

NR 155.19(3)(b)3. 3. Local support and involvement.

NR 155.19(3)(b)4. 4. Consistency with department water basin priorities.

NR 155.19(4) (4) Multipliers for local implementation programs.

NR 155.19(4)(a) (a) The department shall increase the initial project score in accordance with this subsection if there is a local implementation program applicable to the project area. The result shall be the final project score.

NR 155.19(4)(b) (b) The department shall increase the initial project score in accordance with the following:

NR 155.19(4)(b)1. 1. The department shall multiply the initial project score by a factor of 1.1 if the applicant certifies to the department that it has a qualifying local implementation program in effect for the project area.

NR 155.19(4)(b)1.a. a. The applicant may certify that it has a qualifying local implementation program if it develops and implements a program to conduct the activities in this subd. 1. b. to d.

NR 155.19(4)(b)1.b. b. Implement a pollution prevention information and education program targeted for property owners and other residents.

NR 155.19(4)(b)1.c. c. Implement nutrient management for properties owned by the municipality or the Board of Regents.

NR 155.19(4)(b)1.d. d. Implement tracking and reporting to the department on construction site erosion and storm water management permit activity.

NR 155.19(4)(c) (c) The department may not increase the score of an urban project located in an area where a local implementation program does not meet the requirements under par. (b). In this case, the interim score shall be the final project score.

NR 155.19 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3) (a), (b) (intro.), r. (4) (d) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (4) (b) 1. c. Register April 2016 No. 724, eff. 5-1-16.

NR 155.20 NR 155.20 Project selection and funding.

NR 155.20(1) (1) Selection.

NR 155.20(1)(a) (a) The department shall place all of the projects scored in accordance with s. NR 155.19 on a statewide list in descending rank order according to the final project score. The department shall use the statewide ranked list, available budget and funding considerations in sub. (2) to select projects for funding.

NR 155.20(1)(b) (b) The projects shall be identified for funding by starting with the highest ranked projects on the statewide list and proceeding down the ranked list until available project funds have been allocated.

NR 155.20(1)(c) (c) Before November 1, the department shall select projects, based on the final project scores, for funding under this chapter for the following calendar year.

NR 155.20(1)(d) (d) After selecting projects for funding, the department shall notify applicants in writing of its intent to prepare grant documents for the selected projects.

NR 155.20(2) (2) Funding.

NR 155.20(2)(a) (a) The department shall, where practicable, issue grants to grantees by December 31 for work in the following calendar year. The department may limit grant awards based on the amount of funding available, the funding demand in any year and the factors in pars. (b) to (h).