Chapter NR 120

Ch. NR 120 Note Note: All documents incorporated by reference in this chapter may be inspected at the offices of the Department, the Secretary of State, 30 West Mifflin Street, Madison, Wisconsin 53702 and the Legislative Reference Bureau, One East Main Street, Suite 200, Madison, Wisconsin, 53701. Copies of these documents may be obtained from the Department of Natural Resources, Bureau of Watershed Management, 101 South Webster Street, Madison, Wisconsin 53702.

NR 120.01 NR 120.01 Applicability; purpose.

NR 120.01(1) (1) Applicability. For designated priority watershed and priority lake projects, this chapter applies to governmental units and state agencies when acting as nonpoint source grantees; to governmental units when acting as cost-share agreement grantors; and to landowners, land operators and state agencies when acting as cost-share recipients.

NR 120.01(2) (2) Purpose. The purpose of this chapter is to establish the administrative framework for the implementation of the state’s priority watershed and priority lake projects.

NR 120.01 Note Note: This chapter is to administer existing and future grants for rural grantees within priority watershed and priority lake projects. Urban grantees within priority watershed and priority lake projects, formerly funded under this chapter, are now funded under chs. NR 153 and 155. Local assistance grants for existing and future rural grantees within priority watershed and priority lake projects, formerly funded under this chapter, are now funded under ch. ATCP 50.

NR 120.01 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.02 NR 120.02 Definitions. In this chapter:

NR 120.02(1) (1) “Anticipated cost-share reimbursement amount” or “ACRA” means the annual amount of cost-sharing funds that a project sponsor may receive from the department for a specific priority watershed or priority lake project under s. NR 120.12.

NR 120.02(2) (2) “Best management practice” as defined in s. 281.65 (2) (a), Stats., means a practice, technique or measure, except for dredging, which is determined to be an effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this chapter and which does not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this chapter and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30, Stats.

NR 120.02(3) (3) “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 which separates any part of the parcel from any other part does not render the parcel of land noncontiguous.

NR 120.02(4) (4) “Core urban program activities” means those activities included in a discrete set of nonstructural management measures, identified jointly by the department and the governmental unit in the priority watershed or priority lake area plan, that are considered to be the minimum acceptable level of storm water management.

NR 120.02(5) (5) “Cost-effective” means economical in terms of the tangible benefits produced by the money spent. Tangible benefits include pollution control, fish and wildlife habitat enhancement, enhancements to recreation, public safety, economical operation, economical maintenance and enhanced life expectancy of the best management practice.

NR 120.02(6) (6) “Cost-share agreement” means the agreement established between the governmental unit and the cost-share recipient which identifies the best management practices to be used on the cost-share recipient’s lands and the cost estimate, installation schedule and operation and maintenance requirements for these best management practices.

NR 120.02(7) (7) “Critical sites” as described in s. 281.65 (4) (g) 8. am., Stats., means those sites that are significant sources of nonpoint source pollution upon which best management practices must be implemented in order to obtain a reasonable likelihood that the water quality objectives established in the priority watershed or priority lake plan can be achieved.

NR 120.02(8) (8) “Dam” means any artificial barrier in or across a waterway which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse.

NR 120.02(9) (9) “DATCP” means the Wisconsin department of agriculture, trade and consumer protection.

NR 120.02(10) (10) “Department” means the Wisconsin department of natural resources.

NR 120.02(11) (11) “Designation of critical sites by criteria” means the description or means of identifying critical sites in the plan of a priority watershed or priority lake which may include estimations of pollutant contribution or other adverse impact on water quality.

NR 120.02(12) (12) “Force account work” means the use of the governmental unit’s own employees or equipment for construction, construction related activities, or repair or improvement to a best management practice.

NR 120.02(13) (13) “Governmental unit” means any unit of government including, but not limited to, a county, city, village, town, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, Stats., town sanitary district, public inland lake protection and rehabilitation district, regional planning commission or drainage district operating under ch. 89, 1961 Stats., or ch. 88, Stats. Governmental unit does not include the state or any state agency.

NR 120.02(14) (14) “Grant period” means the time period during which governmental units are eligible to incur eligible costs and obtain departmental reimbursement for a watershed project.

NR 120.02(15) (15) “Integrated resource management plan” means a plan for managing, protecting and enhancing ground and surface water quality which considers the interrelationship of water quality and land and water resources.

NR 120.02(16) (16) “Interim best management practice” means a practice, technique or measure which is approved under s. NR 120.15 as an effective means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality objectives and which does not have an adverse impact on fish and wildlife habitat.

NR 120.02(17) (17) “Land conservation committee” means the committee created by a county board under s. 92.06, Stats. “Land conservation committee” includes employees or agents of a county land conservation committee whom, with committee authorization, act on behalf of the committee.

NR 120.02(18) (18) “Landowner” means any individual, partnership, corporation, municipality or person holding title to land.

NR 120.02(19) (19) “Land operator” means any individual, partnership, corporation, municipality or person having possession of or holding a lease in land and is not a landowner.

NR 120.02(20) (20) “Local share” means that portion of the best management practice installation cost that is not authorized for funding under s. 92.14, 281.65 or 281.66, Stats.

NR 120.02(21) (21) “Maximum storage capacity” means the volume of water in acre-feet capable of being stored behind a dam at maximum water elevation before overtopping any part that is not part of the spillway system.

NR 120.02(22) (22) “Milking center wastes” means all wastewater, cleaning ingredients, waste milk or other discharges from a milkhouse or milking parlor.

NR 120.02(23) (23) “Municipal WPDES storm water discharge permit” means any permit issued to a municipality by the department under s. 283.33 (1), Stats., for the purpose of controlling storm water discharges owned or operated by a municipality.

NR 120.02(24) (24) “Nonpoint source” means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source under s. 283.01 (12), Stats.

NR 120.02(25) (25) “Notification to landowner” means a certified letter sent by the department to inform landowners that one or more sites under their ownership have been verified as meeting the criteria for critical sites in accordance with the provisions of s. NR 120.09.

NR 120.02(26) (26) “NRCS” means the natural resources conservation service of the U.S. department of agriculture.

NR 120.02(27) (27) “Operation and maintenance period” means the length of time a best management practice shall be operated and maintained.

NR 120.02(28) (28) “Period of cost-sharing availability for critical sites” means the 36 month period identified in the notification of critical site designation to the landowner during which cost-sharing at the maximum rate allowed under s. NR 120.18 is available.

NR 120.02(29) (29) “Priority lake area” means a hydrologic unit which drains to a lake or group of lakes and serves as the project boundary for watershed projects identified through the process stated in s. 281.65 (3m) (b), Stats.

NR 120.02(30) (30) “Priority watershed” means a watershed or lake area which the department has identified through the continuing planning process under s. 283.83, Stats., and which has been designated by the land and water conservation board under s. 281.65 (3m) (a), Stats., as a watershed where the need for nonpoint source water pollution abatement is most critical.

NR 120.02(31) (31) “Priority watershed plan” means the detailed portion of the areawide water quality management plan prepared for priority watersheds as described in s. NR 120.08.

NR 120.02(32) (32) “Project completion” means the date on which a priority watershed project’s nonpoint source grant has expired.

NR 120.02(33) (33) “Project sponsor” means the governmental unit or state agency applying for and receiving grant assistance under s. 281.65, Stats., and this chapter.

NR 120.02(34) (34) “Segmented urban program activities” means those individual structural and non-structural management measures identified jointly by the department and the governmental unit within the priority watershed or priority lake area plan that are considered to be advanced storm water management activities.

NR 120.02(35) (35) “Structural height” means the difference in elevation in feet between the point of lowest elevation of a dam before over-topping and the lowest elevation of the natural stream or lake bed at the downstream toe of the dam.

NR 120.02(36) (36) “Structural urban best management practices” means detention basins, wet basins, infiltration basins and trenches and wetland basins.

NR 120.02(37) (37) “Technical guide” means Section IV of the Wisconsin natural resources conservation service field office technical guide, published by the natural resources conservation service of the U.S. department of agriculture, which is incorporated by reference for this chapter.

NR 120.02 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 county land conservation committee or from a field office of the U.S. Department of Agriculture, Natural Resources Conservation Service.

NR 120.02(38) (38) “Urban best management practice” means a practice, technique or measure, except for dredging, which is determined to be an effective means of preventing or reducing urban runoff to a level compatible with water quality objectives established under this chapter and which does not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include source area, transport system and end-of-pipe measures designed to control storm water runoff rates, volumes and discharge quality, including structural urban best management practices and land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices.

NR 120.02(39) (39) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 120.02 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.03 NR 120.03 Role of governmental units in watershed plan development. A governmental unit may prepare any portion of the watershed plan provided the department and the governmental unit agree that the governmental unit has the appropriate technical, financial and staffing capability. The governmental unit shall prepare the elements of the watershed plan in accordance with s. NR 120.08 (1) (b). This requirement may be waived if the department and the governmental unit agree that nonparticipation by the governmental unit will not impair the objectives of the watershed plan.

NR 120.03 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.04 NR 120.04 Role of citizen advisory committee. The department, in cooperation with governmental units, shall appoint a citizen advisory committee for each priority watershed and priority lake project in accordance with s. 281.65 (4) (dr), Stats. The citizen advisory committee shall advise the department, DATCP and governmental units concerning all aspects of the planning and implementation program for their specific priority watershed or priority lake project.

NR 120.04 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.05 NR 120.05 Responsibilities of state agencies, governmental units and agents as cost-share recipients. Each state agency, unit of government or agent receiving cost-sharing funds in a nonpoint source grant shall do all of the following:

NR 120.05(1) (1) Provide the department with verification of proper installation, operation and maintenance of best management practices for which it is the cost-share recipient.

NR 120.05(2) (2) Prepare and maintain adequate fiscal management and technical assistance files as described in ss. NR 120.25 and 120.26.

NR 120.05(3) (3) Obtain prior written approval from the department for use of nonpoint source grant funds for best management practices installed on land owned or operated by the grantee.

NR 120.05 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 120.06 NR 120.06 Incorporation of the department of agriculture, trade and consumer protection’s planning elements.

NR 120.06(1) (1) The department shall assist DATCP in developing the following elements of priority watershed plans as described in s. 281.65 (5), Stats.:

NR 120.06(1)(a) (a) Proposed farm-specific implementation schedules for providing technical assistance, contacting landowners, inspection and disbursement of grants on those farms that are identified in the approved priority watershed plan.

NR 120.06(1)(b) (b) Proposed agriculturally related best management practices to achieve the water quality objectives of the plan.

NR 120.06(1)(c) (c) Identification of those farms which are subject to subch. V of ch. 91, Stats.

NR 120.06 Note Note: All landowners claiming farmland preservation tax credits are required to meet land and water conservation standards specified in s. ATCP 50.16. A copy of ch. ATCP 50 may be obtained, at no charge, from the Department of Agriculture, Trade and Consumer Protection’s website at: http://datcp.wi.gov/ATCP50.

NR 120.06(2) (2) The department shall assist DATCP and the county involved in a watershed project in developing a proposed project management schedule for the installation of agriculturally related best management practices.

NR 120.06(3) (3) The department shall approve and incorporate the elements described in subs. (1) and (2) into the priority watershed plan.

NR 120.06 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663..

NR 120.08 NR 120.08 Watershed plans.

NR 120.08(1) (1) Watershed plan content.

NR 120.08(1)(a) (a) Watershed plan. In cooperation with DATCP and the appropriate governmental unit, the department shall prepare watershed plans for all priority watersheds. A participating governmental unit located within the priority watershed shall identify, in writing, a person to represent the unit of government during watershed plan preparation. The watershed plan shall consist of a watershed assessment, a detailed program for implementation, and a project evaluation strategy. Priority watersheds and priority lakes selected after August 12, 1993, shall have critical sites designated in the plan.

NR 120.08(1)(b) (b) Watershed assessment. The department, in cooperation with the appropriate governmental units, shall prepare a watershed assessment analyzing the water quality problems or threats to the water quality in the watershed’s lakes, streams, wetlands and groundwater and which determines the nonpoint sources causing the problem or threat. The watershed assessment shall contain:

NR 120.08(1)(b)1. 1. An identification of the water quality problems or threats to water quality including degradation of fish habitat and wetlands caused by nonpoint sources of pollution in the watershed.

NR 120.08(1)(b)2. 2. An identification of water quality objectives to maintain and improve the quality of lakes, streams, wetlands and groundwater of the watershed.

NR 120.08(1)(b)3. 3. An identification of target levels of pollutant control and resource protection necessary to meet the water quality objectives.

NR 120.08(1)(b)4. 4. An identification and ranking of significant nonpoint source types and contributing areas.

NR 120.08(1)(b)5. 5. A designation of critical sites listing their respective water quality problems or threats to water quality.

NR 120.08(1)(b)6. 6. A listing of and an analysis of need for best management practices which will significantly aid in the achievement of the target level of pollution abatement.

NR 120.08(1)(b)7. 7. An assessment of the need for the protection and enhancement of fish and wildlife habitat, endangered resources, aesthetics or other natural resources.

NR 120.08(1)(b)8. 8. An analysis of the need for adoption of local ordinances for manure storage, construction site erosion control and storm water management.

NR 120.08(1)(c) (c) Detailed program for implementation.

NR 120.08(1)(c)1. 1. As required under s. 281.65 (6) (a), Stats., governmental units except those waived under s. NR 120.03 shall prepare the following portion of the detailed program for implementation including:

NR 120.08(1)(c)1.a. a. An estimate of costs for practice installation.

NR 120.08(1)(c)1.b. b. An information and education strategy.

NR 120.08(1)(c)1.c. c. A description of fiscal management procedures, including cost containment procedures.

NR 120.08(1)(c)1.d. d. An estimate of technical assistance needs.

NR 120.08(1)(c)1.e. e. A grant disbursement and project management schedule.

NR 120.08(1)(c)1.f. f. An identification of those urban storm water control practices, techniques or measures included in a municipal WPDES storm water permit for which the local governmental unit may seek either local assistance or nonpoint source grant funding through the priority watershed or priority lake project under ch. NR 153.

NR 120.08(1)(c)1.g. g. An identification of the state and local regulatory framework under which erosion control activities shall be conducted.

NR 120.08(1)(c)1.h. h. An identification of those storm water management activities identified in the watershed plan that shall be included as part of the core urban program for the local governmental unit and funded under this chapter and ch. NR 153. Core urban program activities may include: information and education activities; development, implementation and enforcement of construction erosion control ordinances; and development and implementation of activities, including, but not limited to, those activities that reduce storm water pollution from lawn and leaf litter, pet waste, road salting and illicit dumping into the storm sewer system. When adoption of a construction site erosion control ordinance is required under the watershed plan, it shall be considered a core program activity and the schedule for urban implementation activities shall provide for adoption, implementation and enforcement of the ordinance within 2 years of the date the department approves the watershed plan.

NR 120.08(1)(c)1.i. i. An identification of those storm water management activities identified in the watershed plan that may be included as part of the segmented urban program for the local governmental unit and funded under this chapter and ch. NR 153. Segmented urban program activities may include: storm water planning for urban and urbanizing areas; development, implementation and enforcement of local storm water management ordinances; engineering site feasibility studies for urban best management practices; design, installation and maintenance of urban best management practices; and development of local institutional mechanisms to fund and administer storm water management programs.