Register December 2011 No. 672
Chapter NR 120
PRIORITY WATERSHED AND PRIORITY LAKE PROGRAM
NR 120.01 Applicability; purpose. NR 120.03 Role of governmental units in watershed plan development. NR 120.04 Role of citizen advisory committee. NR 120.05 Responsibilities of state agencies, governmental units and agents as cost-share recipients. NR 120.06 Incorporation of the department of agriculture, trade and consumer protection’s planning elements. NR 120.08 Watershed plans. NR 120.09 Notification and status of critical sites. NR 120.12 Nonpoint source grant agreement. NR 120.13 Cost-share agreement. NR 120.14 Cost-share agreement conditions for best management practices. NR 120.15 Interim best management practices. NR 120.17 Cost-share eligibility. NR 120.18 Cost-share rates. NR 120.186 Property acquisition. NR 120.19 Cost containment procedures. NR 120.22 Interest earned on grant advances. NR 120.23 Reimbursement procedures. NR 120.25 Record keeping and reporting requirements. NR 120.26 Record retention and auditing. NR 120.27 Suspension or termination of grant. Ch. NR 120 NoteNote: Chapter NR 120 as it existed on June 30, 1986 was repealed and a new chapter NR 120 was created effective July 1, 1986. Corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1997, No. 501. Chapter NR 120 as it existed on September 30, 2002 was repealed and a new chapter NR 120 was created effective October 1, 2002. Preface
Ch. NR 120 NoteThe Wisconsin legislature established the nonpoint source water pollution abatement program in 1978, recognizing both urban and rural nonpoint sources as contributors to the degradation of Wisconsin’s lakes, streams, groundwater and wetlands. The department identified lakes, streams, groundwater and other water resources where the uses of the waters were impaired or threatened by nonpoint sources; proposed projects to the land and water conservation board to protect or rehabilitate beneficial uses of the waters, and prepared plans in cooperation with governmental units identifying the best means to achieve the protection or rehabilitation. The department of natural resources has entered into nonpoint source grant agreements and local assistance grant agreements with governmental units and state agencies in order to implement priority watershed projects.
Ch. NR 120 NoteThe legislature restructured the nonpoint source program in 1997 and 1999, creating a new targeted runoff management grant program under ch. NR 153 and a new urban nonpoint source and stormwater grant program under ch. NR 155. The legislature also instructed the department of natural resources in s. 281.16, Stats., to prescribe nonpoint source performance standards. These performance standards are listed in ch. NR 151. Ch. NR 120 NoteThe priority watershed and priority lake projects established prior to the legislative restructuring of the program are governed by this chapter and ch. ATCP 50. Section 281.65, Stats., assigns overall responsibility for this water quality program to the department of natural resources and assigns local administration and implementation responsibilities to other governmental units. Chapter ATCP 50 contains policy and procedures for DATCP to use to administer staffing grants to counties needed to operate watershed projects. No new priority watershed or priority lake projects will be selected under this chapter. Ch. NR 120 NoteNote: 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(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 NoteNote: 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 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02. NR 120.02NR 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.
