Chapter NR 155

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).

NR 155.20(2)(b) (b) If the statewide application demand exceeds available funding, the department shall establish a maximum total amount of funding which a grantee may receive in multiple grant awards for the application year. This amount may not exceed 20 percent of the grant funds available in the grant year for projects funded under this chapter, or the amount established by the department under par. (c) for that grant year, whichever is greater.

NR 155.20(2)(c) (c) The department may establish a maximum grant award amount that any single project can receive in grant awards based upon the amount of funding available in that category of grants for that grant cycle and the amount of funding demand for that period.

NR 155.20(2)(d) (d) The department shall make adjustments to the requested grant amount if necessary to correct errors made by the applicant concerning eligibility of items for cost-sharing and errors in cost-share rates used in developing the application.

NR 155.20(2)(e) (e) The department may offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if funds are accepted.

NR 155.20(2)(f) (f) Prior to issuing a grant, the department may require submittal of an environmental hazards site assessment for projects involving excavation. The assessment shall be submitted on a form available from the department.

NR 155.20 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 155.20(2)(g) (g) If the department determines, following scoring, that a project may have unacceptable impacts on endangered, threatened, or wetland resources, historic places or historic properties, or that it may expose environmental hazards at the project location, it may do any of the following:

NR 155.20(2)(g)1. 1. Decide not to provide a grant for the project.

NR 155.20(2)(g)2. 2. Place a condition on a grant requiring that the grantee take specific actions or develop a plan to reduce or eliminate the impacts of the project.

NR 155.20(2)(h) (h) The department may deny a grant for a project that otherwise scores well enough to be funded if the applicant is or has been delinquent in meeting grant commitments for previously funded projects.

NR 155.20 Note Note: In addition, s. NR 154.04 (2) (k) states that all required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.

NR 155.20 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.

NR 155.21 NR 155.21 Runoff management grant agreement.

NR 155.21(1) (1) Purpose.

NR 155.21(1)(a) (a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or the Board of Regents for the purpose of implementing urban best management practices for a project selected under s. NR 155.20.

NR 155.21 Note Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents serves as a grantee in receiving funds from the department. A governmental unit may also serve as a provider of those funds to cost-share recipients such as landowners and land operators.

NR 155.21(1)(b) (b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit or the Board of Regents for the installation of a urban best management practice on land the governmental unit or Board of Regents owns or operates. The department may also may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit not having jurisdiction over the project area if the local government is required to control storm water discharges under s. 283.33, Stats., provided that inter-governmental agreements are in place, or will be put in place, as needed to assure the measure is installed and maintained. Runoff management grant agreements used in lieu of cost-share agreements shall comply with the requirements of s. NR 155.22.

NR 155.21 Note Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents receiving these funds serves as the grantee.

NR 155.21(2) (2) Grant period length.

NR 155.21(2)(a) (a) The department may set the grant period for up to 2 years, except that the department may approve an extension for one year. The start of the grant period shall be that specified on the signed grant award.

NR 155.21(2)(b) (b) To receive an extension, a grantee shall submit a written request to the department. The request shall meet all the following requirements:

NR 155.21(2)(b)1. 1. Be received by the department prior to the expiration of the grant period.

NR 155.21(2)(b)2. 2. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.

NR 155.21(2)(b)3. 3. Specify the reasons which necessitate the grant extension which were beyond the control of the grantee.

NR 155.21(3) (3) Local government responsibilities as a runoff management grantee and cost-share provider. The department shall require the governmental unit to do all of the following as conditions of receiving a runoff management grant when the governmental unit will use the grant funds to provide cost sharing to landowners and land operators.

NR 155.21(3)(a) (a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.

NR 155.21(3)(b) (b) Enter into cost-share agreements with eligible recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.

NR 155.21(3)(c) (c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in s. NR 155.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.

NR 155.21(3)(d) (d) Provide the department with verification of proper installation, operation and maintenance of urban best management practices for cost-share agreements for which it is the cost-share provider.