- MR 324.8809: Michigan cost shares up to 75% of total eligible BMP cost (grantee share no less than 25%). Wisconsin cost shares up to 70% of total eligible BMP cost.
- MR 324.8809: There are no economic hardship provisions in Michigan’s rules, as there are in NR 154.03(3) for TRM grantees.
- Michigan uses Michigan Department of Environmental Quality (“MDEQ”) guidance rather than rule to establish eligible BMPs. Wisconsin establishes eligible BMPs by rule in NR 154.04. MDEQ has developed the Michigan’s Nonpoint Source Program Plan which identifies MDEQ manuals it uses for establishing eligibility of BMPs (See, https://www.michigan.gov/documents/deq/wrd-nps-program-plan-2015_511849_7.pdf). This program plan is a Section 319 Grant requirement and equivalent to Wisconsin’s Nonpoint Source Program Management Plan (https://dnr.wi.gov/topic/Nonpoint/documents/NPSProgramManagementPlan20162020.pdf). The Michigan’s Nonpoint Source Program Plan references NRCS’s Field Office Technical Guide for agricultural BMPs and the MDEQ Best Management Practice Manual for urban BMPs. Minnesota – Minnesota’s Section 319 grants are governed by Minn. Stat. §§ 103.F701 – 103F.755 and Minn. R. 7076. Minn. Stat. 103F.725 subdivision 1. and Minn. R. 7076.0120 s§subpart 1 both specify that their agency may award grants for up to 50 percent of the eligible cost for projects, whereas Wisconsin cost shares up to 70% of total eligible BMP cost. Minn Stats.103F.731 Subd. 2. and Minn. R. 7076.0130. s§subpart 1. state that, like Wisconsin, only local units of government in Minnesota are eligible to apply for financial assistance. Minnesota Pollution Control Agency identifies and recommends urban BMP in their storm water manual but does not identify eligible practices in their rules.
For agricultural practices, Minn R. 8400.0600 directs the state Soil and Water Resource Board allocate cost-share funds to district boards that have fully complied with Minnesota Statutes, all erosion control and water management program rules, and all program policies. Minn. R. 8400.0500 gives the state Soil and Water Resource Board the authority to establish the maximum percent or amount of the total cost of a conservation practice that may be funded using state cost-share funds. Minnesota does not identify eligible agricultural BMPs in their rules, but instead relies on credentialed Technical Assistance Providers to oversee practice selection and their Grants Administration Manual which has a chapter covering technical standards.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
This rule does not invoke or create any new authority. Ch. NR 154, Wis. Adm. Code, uses the prescribed non-agricultural performances standards of ch. NR 151, Wis. Adm. Code. 9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The department is providing a comment period on the economic impact of these proposed rule changes. All local governmental units will have the opportunity to participate in the development of this EIA.
10. Effect on Small Business (initial regulatory flexibility analysis):
This rule does not invoke or create any new authority. The primary entities who will be directly affected by the proposed rule are:
- Local government units and urban businesses and residents. The proposed rule changes will provide consistency and clarity for the eligibility criteria for cost sharable urban BMPs which may be required to meet state urban storm water performance standards.
- Agricultural crop and livestock producers. The proposed rule changes will make ch. NR 154, Wis. Adm. Code consistent with recent changes promulgated at ch. ATCP 50, Wis. Adm. Code. - Private consulting firms. The proposed rule changes will provide consistency and clarity for the eligibility criteria and technical standards for cost sharable urban BMPs which may be required to meet state urban storm water performance standards.
Ch. NR 154, Wis. Adm. Code has a positive fiscal impact for local governments and agricultural crop and livestock producers while having minimal fiscal impact to the state. 11. Agency Contact Person:
Ann Hirekatur
Wisconsin Department of Natural Resources
Bureau of Watershed Management, WT/3
101 S. Webster St.
P.O. Box 7921
Madison, WI 53707-7921
608/266-0156
12. Place where comments were submitted and deadline for submission:
Written comments were submitted to the contact information listed above.
A public hearing was held on February 13, 2019, and the comment submission deadline was February 15, 2019.
The consent of the Attorney General will be requested for the incorporation by reference of
the following Wisconsin Department of Natural Resources Conservation Practice Standards:
- 1002 site evaluation for storm water infiltration (September 2017).
- 1003 infiltration basin (October 2004);
- 1004 bioretention for infiltration (October 2014);
- 1005 vegetated swale (December 2017);
- 1006 Proprietary storm water sedimentation devices (April 2009);
- 1007 infiltration trench (May 2012); and
- 1008 permeable pavement (February 2016).
Section 1 NR 154.01 (2) is amended to read:
NR 154.01 (2) The provisions of this chapter apply to cost-share agreements and grants signed after October1, 2002, [insert effective date of revised rule], unless a waiver is granted by the department under s. 281.65 (4) (e), Stats. Section 2 NR 154.02 (15) (note) is amended to read:
NR 154.02 (15) (note): Note: Copies of the technical guide are on file with the department, the secretary of state, and the legislative reference bureau. Copies of individual standards contained in the technical guide may be obtained from the a county land conservation committee or from a field office of the U.S. department of agriculture, natural resources conservation service 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. Section 3 NR 154.03 (1) (h) and (i) 1. and (i) 3. are amended to read:
NR 154.03 (1) (h) The cost-share rates for agricultural best management practices on cost-share agreements funded under ch. NR 153 and signed prior to October 1, 2002, [insert effective date of revised rule], may be amended to use the rates identified in this section. NR 154.03 (1) (i) NR 154.03(1)(i)1.1. Wildlife habitat recreation associated with implementation of contour farming, contour strip-cropping and field strip-cropping and stripcropping funded under ch. NR 153 has a maximum state cost-share rate of 70%. Section 4 NR 154.03 (1) (i) 3. b. is repealed.
Section 5 NR 154.03 (1) (i) 5. and (j) 1. are amended to read:
NR 154.03 (1) (i) 5. Cost-share payments for cropland protection cover (green manure) crop may not be made for more than a total of 4 years.
Section 6 NR 154.03 (1) (j) 3. is repealed.
Section 7 NR 154.03 (1) (j) 5. is amended to read:
NR 154.03 (1) (j) NR 154.03(1)(i)1.5. $25 $70 per acre per year for cropland protection cover (green manure) crop. Section 8 NR 154.03 (1) (j) 6. is repealed.
Section 9 NR 154.03 (1) (j) 8. and (3) (a) are amended to read:
NR 154.03 (1) (j) NR 154.03(1)(i)1.8. $6.00 $10.00 per acre for the first year nutrient management plan and $4.00 per acre for subsequent years of nutrient management plans. NR 154.03 (3) (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 section NR 120.18(4). Section 10 NR 154.04 (1) (c) is amended to read:
NR 154.04 (1)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 October 1, 2002 [insert effective date of revised rule]. Section 11 NR 154.04 (2) (g) and (2) (g) (note) are amended to read:
NR 154.04 (2)NR 154.04(1)(c) (g) Sediment Erosion and sediment generated from the construction of the best management practice shall be controlled consistent with performance standards in ch. NR 151 and with standards of the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, November 2001 Revision, which is incorporated by reference for this chapter. in conformance with the applicable performance standards in ss. NR 151.105 and 151.11, Wis. Adm. Code, using the technical standards developed pursuant to subch. V of ch. NR 151, Wis. Adm. Code, or equivalent methodology. NR 154.04 (2)NR 154.04(1)(c) (g) (note): Note: Copies of this document construction site erosion control technical standards may be inspected at the offices of the department’s bureau of watershed management, the secretary of state and the legislative reference bureau, all in Madison, WI. The Wisconsin Construction Site Best Management Practice Handbook is available through WI Department of Administration, Document Sales, 4622 University Avenue, Madison, WI 53705−2156. They are also available electronically at https://dnr.wi.gov/topic/stormwater/standards/const_standards.html. Section 12 NR 154.04 (2m) is created to read:
NR 154.04 (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: ATCP 50.61(3)(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. ATCP 50.61(3)(b)(b) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 has been developed by DNR according to the procedures of subch. V of ch. NR 151, or adopted by NRCS, or adopted by another applicable technical standards entity listed in this subchapter. (c) The landowner or grantee voluntarily agrees to the use of the more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch. ATCP 50 to implement the best management practice. Section 13 NR 154.04 (3) (b), (4) (b), (5) (b), (6), (7), (8) (b), (9), (10) (b) and (11) (b) are amended to read:
NR 154.04 (3) (b) Except as provided under par. (c), the provisions for a manure storage system included in s. ATCP 50.62, as it existed on October 1, 2002 shall apply. NR 154.04 (4) (b) The provisions for a manure storage system included in s. ATCP 50.63, as it existed on October 1, 2002 shall apply. NR 154.04 (5) (b) Except as provided under par. (c), the provisions for barnyard runoff control included in s. ATCP 50.64, as it existed on October 1, 2002 shall apply.
