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(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.
NR 154.04(2m)(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 the department according to the procedures of subch.
V of ch. NR 151, adopted by NRCS, or adopted by another applicable technical standards entity listed in this subchapter.
NR 154.04(2m)(c)
(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.
NR 154.04(3)(a)
(a) The department may provide cost-share grants to implement manure storage systems.
NR 154.04(3)(c)1.
1. Leases of manure storage tanks are eligible for funding in accordance with this chapter.
NR 154.04(3)(c)2.
2. The department may not award a cost-share grant for a manure storage system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.
NR 154.04(4)(a)
(a) The department may provide cost-share grants to implement closure of manure storage systems.
NR 154.04(5)(a)(a) The department may provide cost-share grants to implement barnyard runoff control systems.
NR 154.04(5)(c)
(c) The department may not award a cost-share grant for a barnyard runoff control system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.
NR 154.04(6)(a)
(a) The department may provide cost-share grants to implement access roads.
NR 154.04(7)(a)
(a) The department may provide cost-share grants to implement trails and walkways.
NR 154.04(8)(a)
(a) The department may provide cost-share grants to implement contour farming.
NR 154.04(8)(c)
(c) A cost-share grant under ch.
NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply:
NR 154.04(8)(c)1.
1. Mitigation is warranted because of contour farming implemented using a cost-share grant provided under ch.
NR 153.
NR 154.04(8)(c)2.
2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000). The NRCS technical standard 645 (July, 2000) is incorporated by reference for this chapter.
NR 154.04 Note
Note: Copies of NRCS technical standard 645 may be obtained at the department of natural resources and the legislative reference bureau, Madison, Wisconsin.
NR 154.04(9)(a)
(a) The department may provide cost-share grants to implement cover crops.
NR 154.04(10)(a)
(a) The department may provide cost-share grants to implement critical area stabilization.
NR 154.04(11)(a)
(a) The department may provide cost-share grants to implement diversions.
NR 154.04(11)(c)
(c) A cost-share grant under ch.
NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply.
NR 154.04(11)(c)1.
1. Mitigation is warranted because of diversions implemented using a cost-share grant provided under ch.
NR 153.
NR 154.04(11)(c)2.
2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000).
NR 154.04(11m)(a)(a) The department may provide cost-share grants to implement feed storage runoff control systems.
NR 154.04(12)(a)
(a) The department may provide cost-share grants to implement field windbreaks.
NR 154.04(13)(a)
(a) The department may provide cost-share grants to implement filter strips.
NR 154.04(14)(a)
(a) The department may provide cost-share grants to implement grade stabilization structure.
NR 154.04(16)(a)
(a)
Definitions. In this subsection, “lake sediment treatment" is defined as a chemical, physical or biological treatment of polluted lake sediments for purposes of minimizing potential adverse impacts from the pollutants.
NR 154.04(16)(b)
(b)
Eligible costs. A cost-share grant may reimburse the following:
NR 154.04(16)(b)1.
1. Costs for the design and treatment of lake sediments with chemical compounds, including aluminum sulfate, sodium aluminate, ferric chloride, calcium hydroxide and calcium carbonate.
NR 154.04(16)(b)2.
2. Costs for treatment of lake sediments with physical or biological methods, including the aeration of water overlaying lake sediments and the biological manipulation of organisms which exacerbate sediment contamination of overlaying lake water.
NR 154.04(16)(c)
(c)
Ineligible costs. Costs for the dredging of sediments are ineligible for reimbursement.
NR 154.04(16)(d)
(d)
Design, construction and maintenance. A cost-share grant under ch.
NR 153 or
155 may not reimburse any costs related to lake sediment treatment unless all the following conditions are met:
NR 154.04(16)(d)1.
1. Water quality objectives are achieved through the control of polluted lake sediments.
NR 154.04(16)(d)2.
2. Significant nonpoint sources of the pollution to the lake are controlled prior to treatment of lake sediments.
NR 154.04(16)(d)3.
3. The department approves the engineering design for the lake sediment treatment plan prior to implementation of the plan.
NR 154.04(16)(d)4.
4. All necessary and required federal, state and local permits are obtained prior to construction.
NR 154.04(16)(d)5.
5. The design and implementation of lake sediment treatment plans are conducted in accordance with standards and best management practices approved on a case-by-case basis by the department.
NR 154.04(17)(a)
(a) The department may provide cost-share grants to implement livestock fencing.
NR 154.04(18)(a)
(a) The department may provide cost-share grants to implement livestock watering facilities.
NR 154.04(19)(a)(a) The department may provide cost-share grants to implement milking center waste control systems.
