NR 120.185(1)(1) The department may enter into easements with landowners or land operators for lands identified in watershed plans. Easements shall be acquired for perpetuity. Easements may be used in conjunction with the following best management practices: NR 120.185(1)(e)(e) Any other best management practice specified as eligible for easement support in an approved priority watershed plan. NR 120.185(1)(f)(f) Animal lot relocation in conjunction with pars. (a) to (c), provided that written approval of the governmental unit is obtained prior to easement acquisition, in accordance with the requirements of s. NR 154.04 (23) (b) NR 120.185(2)(2) The department may authorize, in writing, any governmental unit, non-profit organization or person to enter into easements or accept a donated conservation easement consistent with the eligibility provision of the approved priority watershed plan in accordance with the following: NR 120.185(2)(a)(a) Prior written department approval for the purchase of an easement shall be obtained if the cost exceeds $50,000. NR 120.185(2)(b)(b) The value of an easement shall be based on a valuation procedure that has received prior department approval. NR 120.185(2)(c)(c) An easement or a lease acquired by a governmental unit, non-profit organization or person shall be recorded in the register of deeds office in the county in which the property subject to the easement is located. NR 120.185(3)(3) Upon acceptance of a donated easement under s. NR 120.18 (3) (b), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement. NR 120.185(4)(4) The department may distribute grants and aids to itself or to any governmental unit for the purchase of easements in priority watershed areas. NR 120.185(5)(5) State cost-share rate. The maximum allowable state cost-share rate for the acquisition of easements under this chapter shall be 70% of the acquisition cost of the easement, except that the maximum allowable state cost-share shall be 50% when the purpose of the easement is to support a structural urban best management practice. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, “acquisition cost” means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and assessments. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection. NR 120.185 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.186(1)(1) Eligible activities. The department may distribute grants to a governmental unit that is eligible for a nonpoint source grant under s. NR 120.12 to perform any of the following activities: NR 120.186(1)(a)(a) Acquire land or an interest in land for the construction of a structural urban best management practice. NR 120.186(1)(b)(b) Acquire land or an interest in land identified in the watershed plan which is contributing or will contribute nonpoint source pollution. Land acquisition for the purpose of complying with a Notice of Discharge issued pursuant to ch. NR 243 is not eligible for funding under this section. NR 120.186(2)(2) Acquisition proposals. A governmental unit requesting nonpoint source grant funds for the acquisition of property under this section shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the nonpoint source grant application or grant amendment request. The acquisition proposal shall include all of the following: NR 120.186(2)(a)(a) A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the priority watershed or priority lake plan for which the grant is applied. NR 120.186(2)(b)(b) 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 120.186(2)(c)(c) A copy of the appropriate county, township, topographic and local land use planning maps showing the proposed acquisition. NR 120.186(2)(d)(d) 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 120.186(2)(e)(e) A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts. NR 120.186(3)(a)(a) Governmental units shall acquire and manage property acquired with a nonpoint source grant in accordance with all applicable local, state and federal laws and regulations. NR 120.186(3)(b)(b) After approval of the acquisition proposal and receipt of the local assistance grant from DATCP under ch. ATCP 50, a governmental unit shall obtain an appraisal for each property. NR 120.186(3)(c)(c) All appraisals shall be subject to department review and approval. NR 120.186(3)(d)(d) All appraisals shall be conducted by a certified or licensed appraiser as described in ch. 458, Stats., and chs. SPS 85 to 87. NR 120.186(3)(e)(e) All acquisitions with a fair market value of more than $200,000 shall require 2 appraisals. The department may require a second appraisal for property valued under $200,000 if the department finds that the property presents a difficult appraisal problem or if the first appraisal is unacceptable. NR 120.186(3)(f)(f) 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. (d) and which describes the benefits due to the seller in exchange for the transfer of the seller’s property. NR 120.186(3)(h)(h) Property acquired with a nonpoint source grant shall be maintained and managed in accordance with the provisions, conditions and scope description in the grant contract. NR 120.186(3)(i)(i) A governmental unit may be allowed to acquire property prior to entering into a nonpoint source grant agreement, provided that the governmental unit has received written approval of 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 nonpoint source grant agreement reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with pars. (b) to (e). NR 120.186(3)(j)(j) The governmental unit shall record in the office of the register of deeds for each county in which the 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. NR 120.186(4)(4) State cost-share rate. The maximum allowable state cost-share rate for the acquisition of property under this chapter shall be 50% of the acquisition cost of the property. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, “acquisition cost” means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and audits. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection. NR 120.186(5)(5) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition: NR 120.186(5)(a)(a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality. NR 120.186(5)(b)(b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands or natural beauty. NR 120.186(5)(c)(c) The degree to which the acquisition of the property would complement other watershed management efforts. NR 120.186(5)(e)(e) In cases where the acquisition will prevent further degradation of water quality, that the acquisition is cost-effective relative to the degree of threat of further degradation to the site. NR 120.186 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; correction in (3) (d), (g) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715. NR 120.19NR 120.19 Cost containment procedures. NR 120.19(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 best management practice identified in the runoff management grant agreement: NR 120.19(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 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 120.19(1)(b)(b) Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a 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 120.19(1)(c)(c) Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a 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 may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids. NR 120.19 NoteNote: The department suggests the following bidding procedures:
NR 120.19 Note• The governmental unit shows the proposed construction site to all prospective bidders on the same day and at the same time.
NR 120.19 Note• There are at least 3 qualified bidders.
NR 120.19 Note• All bids are sealed and delivered by a bid deadline to a location specified by the governmental unit.
NR 120.19 Note• Bids are opened within 2 weeks after the bid deadline.
NR 120.19 Note• The amount of the cost-share grant is based on the lowest qualified bid.
NR 120.19 Note• The landowner selects a higher bidding contractor only if the landowner agrees to pay the difference.
NR 120.19 Note•The landowner may not select a contractor who did not bid.
NR 120.19(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 for installation of a best management practice. NR 120.19(1)(e)(e) Municipal work group. A governmental unit hires or assigns its employees to install a 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 120.19(1)(f)(f) Wisconsin conservation corps. A governmental unit uses the Wisconsin conservation corps to install best management practices for landowners and land operators. NR 120.19(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 120.19(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 installing best management practices: NR 120.19(2)(a)(a) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work. NR 120.19(2)(b)(b) The value of donated equipment shall not exceed the equipment rates for highways established by the Wisconsin department of transportation. NR 120.19 NoteNote: 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 120.19(2)(c)(c) The value of donated materials and services may not exceed market rates and shall be established by invoice. NR 120.19 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.22NR 120.22 Interest earned on grant advances. NR 120.22(1)(1) Interest shall be earned and accrued on nonpoint source grant advances. To determine the amount of interest to be credited to the project, the governmental unit shall calculate the interest earned using an average account balance and interest accrued over a period of time or in another equitable manner. NR 120.22(2)(2) Interest money earned shall be used to support eligible activities in ongoing or completed priority watershed projects including, but not limited to, periodic inspections after grant expiration, administrative costs of the project and, under exceptional circumstances, the repair of best management practices; when interest money is used to cost-share best management practices, the combination of interest money and any other cost-share funds from this program may not exceed the cost-share limits described in s. NR 120.18 (1). NR 120.22(3)(3) All interest money earned and accrued from a priority watershed project shall be expended by 10 years from the end of the nonpoint source grant period as described in s. NR 120.12 (4). NR 120.22(4)(4) On or before April 15 of each year, a governmental unit shall complete and file a report with the department which states the amount of interest money accrued and interest money expended during the previous calendar year. During the planning and implementation phases of watershed projects, these reports may be included with other fiscal reports required under ss. NR 120.23 and 120.25. NR 120.22 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.23(1)(a)(a) Refunds, rebates and credits. The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department. NR 120.23(1)(b)(b) Final payment. The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated “final payment request” and department verification of the grantee’s compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release. NR 120.23(1)(c)(c) Withholding and recovery of funds. The department may authorize the withholding or recovery of a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant award conditions or reporting requirements or has not expended all funds advanced or disbursed on eligible activities. Withholding and recovery shall be limited to only that amount necessary to assure compliance. NR 120.23(1)(d)1.1. Grant payments to a governmental unit or other grantee under this section are contingent on the availability of funding. NR 120.23(1)(d)2.2. The department shall withhold payment of the amount of any indebtedness to the department, unless the department determines that collection of the debt will impair accomplishment of the project objectives and that continuation of the project is in the best interest of the nonpoint source water pollution abatement program. NR 120.23(1)(d)3.3. The department may recover payments made to grantees as advances or disbursements when it determines that the governmental unit will not complete the eligible activities on its grant within the current grant project budgeting period. NR 120.23(2)(a)(a) Cost-share funds may be used to share in the actual cost required for the installation of eligible best management practices identified in nonpoint source grant agreements described in s. NR 120.12. NR 120.23(2)(b)(b) State agencies and governmental units shall comply with the following procedures when requesting reimbursement: NR 120.23(2)(b)1.1. Reimbursement requests shall be submitted on forms provided by the department. NR 120.23 NoteNote: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 120.23(2)(b)2.2. All reimbursement requests shall be submitted to the department after the best management practice has been verified as properly installed and its cost has been verified and supported by the cost-share agreement including any amendments.
