NR 155.21 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (2) (a), (b) (intro.), (4) (d) 3., cr. (2) (b) 3.
Register December 2010 No. 660, eff. 1-1-11; correction in (5) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2010 No. 660;
2015 Wis. Act 330 s. 20: am. (1) (a), (b), (4) (intro.) Register April 2016 No. 724, eff. 5-1-16.
NR 155.22(1)(a)(a) The cost-share agreement is an agreement listing the urban best management practices and establishing the conditions and considerations under which a cost-share recipient agrees to install the practices listed.
NR 155.22(1)(b)
(b) A local governmental unit shall use the cost-share agreement if serving as a cost-share provider to a landowner or land operator.
NR 155.22(1)(c)
(c) For urban best management practices to be eligible for cost-sharing, the cost-share agreement shall be signed by the cost-share provider and cost-share recipient before urban best management practice installation is initiated.
NR 155.22(2)(a)(a) The cost-share agreement shall be between the governmental unit and the individual landowner or land operator. Agreements with land operators shall be co-signed by the landowner.
NR 155.22(2)(b)
(b) Governmental units, as cost-share agreement providers, shall enter into cost-share agreements only during the period specified in the runoff management grant agreement.
NR 155.22(2)(c)
(c) The cost-share agreement applies to all contiguous sites under the same ownership. At the discretion of the governmental unit, the cost-share agreement may also apply to noncontiguous sites under the same ownership or operation in the watershed. In this paragraph, “contiguous" means touching or sharing a common boundary with a second parcel of land. A lake, river, stream, road, railroad or utility right of way that separates any part of the parcel from any other part does not render the parcel of land noncontiguous.
NR 155.22(2)(d)
(d) A cost-share agreement may not be signed with an individual whose name appears on the statewide support lien docket under s.
49.854 (2) (b), Stats., unless the individual submits to the provider a payment agreement that has been approved by the county child support agency under s.
59.53 (5), Stats., and that is consistent with rules promulgated under s.
49.858 (2) (a), Stats.
NR 155.22(3)
(3) Content of the agreement. The cost-share agreement shall contain or describe:
NR 155.22(3)(b)
(b) The urban best management practices to be applied and the cost-share rates for those practices that are to be cost shared. The cost-share agreement shall require that all cost-shared urban best management practices be implemented and maintained as a condition of the agreement.
NR 155.22(3)(c)
(c) The estimated total practice cost, cost-share rate and estimated cost-share amount.
NR 155.22(3)(f)
(f) A prohibition against adopting any land use or practice which defeats the purposes of the urban best management practices, the cost-share agreement or the runoff management grant agreement.
NR 155.22(3)(g)
(g) A stipulation that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor.
NR 155.22(3)(i)
(i) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land.
NR 155.22(3)(j)
(j) A prohibition against any change in land use or management on the entire property described on the cost-share agreement which may cause sources which were adequately managed at the time of cost-share agreement signing, including compliance with performance standards under
ch. NR 151 to produce a significantly increased pollutant loading to surface water or groundwater.
NR 155.22(3)(j)1.
1. If a change in land use or management occurs, the landowner or land operator shall control the source at the landowner or land operator's own expense or return any cost-sharing funds awarded through the cost-share agreement to the provider.
NR 155.22(3)(j)2.
2. Increases in urban pollutant loading resulting from the conversion of land to urban land cover may not be considered significant if the land development or redevelopment activity meets the non-agricultural and transportation performance standards in subchs.
III and
IV of ch. NR 151.
NR 155.22(3)(k)
(k) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only if they are consistent with the project grant application.
NR 155.22 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, compliance with non-agricultural and transportation performance standards under ch.
NR 151 must be maintained in perpetuity.
NR 155.22(4)
(4) Department approval. The governmental unit shall obtain prior department approval of the cost share agreement. The department shall consider the cost-effectiveness of the urban best management practices and eligibility for cost sharing under this chapter in making its decision whether to grant approval.
NR 155.22(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 urban best management practice not in conformance with the cost-share agreement, the runoff management grant agreement and the project grant application.
NR 155.22(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 155.22(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 155.22(6)(b)
(b) For purposes of complying with the cost-share agreement, the operation and maintenance period for an urban best management practice begins when the urban 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 urban 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 155.22(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, the full amount of 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 155.22(8)
(8) Ineffective practices. If the practice becomes ineffective either during or beyond the grant period of the runoff management grant agreement 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 maintenance or replacement of the practice.
NR 155.22(8)(a)
(a) The department may not provide cost sharing for the maintenance or replacement of a practice more than once.
NR 155.22(8)(b)
(b) An appropriate operation and maintenance period for the replacement practice shall be identified in the cost-share agreement.
NR 155.22(9)
(9) Change in ownership. If a change in ownership occurs during the cost-share agreement period, 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 urban best management practices provided that an equal or greater level of pollution control is achieved.
NR 155.22(10)
(10) Recording of cost-share agreements with register of deeds. NR 155.22(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.
NR 155.22(10)(b)
(b) The governmental unit shall record these documents prior to making reimbursements to the landowner or land operator.
NR 155.22(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 urban 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. The governmental unit shall obtain written approval from the department before the property may be released. The release form shall be obtained from the department and filed with the cost-share agreement.
NR 155.22 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 155.22 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (3) (i), (4), (10) (a), (11)
Register December 2010 No. 660, eff. 1-1-11.
NR 155.23(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 urban best management practice identified in the runoff management grant agreement:
NR 155.23(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 urban 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 155.23(1)(b)
(b)
Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of an urban 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 155.23(1)(c)
(c)
Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of an urban 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 155.23 Note
Note: The department suggests the bidding procedures set forth in the
Procurement Guide for Local Governments Receiving Grants from the Wisconsin Dept. of Natural Resources, available from the department.
NR 155.23(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 and this chapter for installation of an urban best management practice.
NR 155.23(1)(e)
(e)
Municipal work group. A governmental unit hires or assigns its employees to install an urban 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 155.23(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 155.23(2)
(2) The cost-containment procedures in this subsection 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 urban best management practices:
NR 155.23(2)(a)
(a) All sources of local share donation shall be indicated in the project application submitted under
s. NR 155.17.
NR 155.23(2)(b)
(b) The maximum value of donated labor may not exceed the local market wage for equivalent work.
NR 155.23(2)(c)
(c) The value of donated equipment may not exceed the equipment rates for highways established by the Wisconsin department of transportation.
NR 155.23 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 155.23(2)(d)
(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 155.23(3)
(3) Governmental units installing best management practices under a department cost-share grant shall follow the bidding and advertising provisions of their applicable municipal statutes. All contracts shall be subject to approval by the departmental project manager, with respect to reimbursement eligibility, technical standards, and storm water permitting requirements.
NR 155.23(4)
(4) Governmental units that contract with an outside consultant to perform services under a local assistance grant shall, at a minimum, use a quality-based selection approach and interview firms with proven experience in the field of storm water planning. All contracts shall be subject to approval by the departmental project manager, with respect to reimbursement eligibility, technical standards, and storm water permitting requirements.
NR 155.23 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: r. (1) (f), cr. (3), (4)
Register December 2010 No. 660, eff. 1-1-11.
NR 155.25(1)
(1)
Eligible activities. The department may provide funding to a governmental unit holding a runoff management grant agreement under
s. NR 155.21 to perform any of the following:
NR 155.25(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 155.25(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 155.25(2)
(2) Mutual agreement and duration. The landowner and the department must mutually agree to the conducting of an appraisal. Easements, including donated conservation easements, shall be acquired for perpetuity.
NR 155.25(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 eligibility provision of the approved 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 155.25(4)(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 155.25(4)(b)
(b) The acquisition proposal for fee title or easement shall include all of the following:
NR 155.25(4)(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 155.25(4)(b)2.
2. A copy of the appropriate county, township, topographic, and local land use planning maps showing the proposed acquisition.
NR 155.25(4)(b)3.
3. A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts.
NR 155.25(4)(c)
(c) For fee title acquisition, the following additional information is required as part of the acquisition proposal:
NR 155.25(4)(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 155.25(4)(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 155.25(5)(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 155.25(5)(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 155.25(5)(b)1.
1. All appraisals shall be subject to department review and approval.
NR 155.25(5)(b)2.
2. After it has received approval from the department, the governmental unit may act on the appraisal.
NR 155.25(5)(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 155.25(5)(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 155.25(5)(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 155.25(5)(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 155.25(5)(f)
(f) A governmental unit may receive funds under this chapter for property acquired 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 155.25(5)(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.
