Chapter NR 153

NR 153.30   Project evaluation and reporting.

NR 153.31   Variances.

NR 153.32   Grant evaluation and enforcement.

NR 153.10 NR 153.10 Purpose. The purpose of this chapter is to establish the administrative framework for the selection of all targeted runoff management projects under s. 281.65 (4c), Stats., the selection of notice of discharge projects under s. 281.65 (4e), Stats., and implementation of these projects under s. 281.65, Stats. This chapter promotes management of urban and rural nonpoint pollution sources in critical geographic locations where nonpoint source related water quality problems and threats are most severe and control is most feasible. This chapter accelerates implementation of nonpoint source water pollution control in areas where funding available through s. 92.14, Stats., is inadequate to meet water quality goals.

NR 153.10 Note Note: The department will not use this chapter to administer grants for activities required to comply with WPDES permit requirements of ch. NR 216 or 243, except if the grant is provided to the city of Racine to comply with municipal storm water permit requirements. Chapter NR 155 is used by the department to administer grants for both point source and nonpoint source projects in urban areas as defined under s. 281.66 (1) (e), Stats. Projects that are located in urban areas but are not required to comply with ch. NR 216 are eligible to apply for funding under ch. NR 153 or 155, or both.

NR 153.10 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. Register December 2010 No. 660, eff. 1-1-11.

NR 153.11 NR 153.11 Applicability. This chapter applies to all of the following:

NR 153.11(1) (1) The department when acting to solicit and accept all targeted runoff management project applications, score applications and select projects, under s. 281.65 (4c), Stats., for funding under s. 281.65, Stats.

NR 153.11(1m) (1m) The department when accepting applications, selecting and funding notice of discharge projects under s. 281.65 (4e), Stats.

NR 153.11(2) (2) The department when acting to administer grants and the grant program under s. 281.65, Stats., including when the department acts as the grantor of a runoff management grant agreement, grantor of a local assistance grant agreement or provider of a cost-share agreement to a governmental unit or a state agency.

NR 153.11(3) (3) Governmental units when acting to submit applications to the department for projects under s. 281.65 (4c) or (4e), Stats., receive grants from the department for projects under s. 281.65, Stats., and serve as cost-share providers to landowners, land operators or state agencies.

NR 153.11(4) (4) State agencies, including the department, when acting as grant applicants, runoff management grantees or cost-share recipients.

NR 153.11(5) (5) Landowners and land operators when acting as cost-share recipients.

NR 153.11 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am (1), (3), cr. (1m) Register December 2010 No. 660, eff. 1-1-11.

NR 153.12 NR 153.12 Definitions. In this chapter:

NR 153.12(1) (1) “Acquisition cost” means the purchase price actually paid by the grantee 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 153.12(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 urban structural 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 153.12(3) (3) “Certification” means that an authorized representative has attested in writing that the statement is true.

NR 153.12(4) (4) “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 153.12(5) (5) “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 153.12(5m) (5m) “Cost-share recipient” means the receiver of cost-share funds from a provider.

NR 153.12(6) (6) “DATCP” means the Wisconsin department of agriculture, trade and consumer protection.

NR 153.12(7) (7) “Department” means the Wisconsin department of natural resources.

NR 153.12(8) (8) “Force account work” means the use of the governmental unit’s own employees or equipment for project planning, design, construction, construction related activities, inspection, repair, or improvement to a best management practice.

NR 153.12(9) (9) “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 153.12(10) (10) “Grant period” means the time period during which a governmental unit is eligible to incur eligible costs and obtain departmental reimbursement for a project under a runoff management grant agreement or a local assistance grant agreement.

NR 153.12(11) (11) “Grantee” means a governmental unit or state agency that receives funding from the department under a runoff management grant agreement or a local assistance grant agreement.

NR 153.12(12) (12) “Grantor” means the department when serving to provide funds under this chapter to a grantee.

NR 153.12(12m) (12m) “Impaired water” means a water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

NR 153.12(13) (13) “Landowner” means any individual, partnership, corporation, municipality or person holding title to land.

NR 153.12(14) (14) “Land operator” means any individual, partnership, corporation, municipality or person having possession of or holding a lease in land and who is not a landowner.

NR 153.12(15) (15) “Least cost practice” means the best management practice that requires the lowest amount of money to install when compared to other practice alternatives.

NR 153.12(16) (16) “Local assistance grant agreement” means an agreement between the department and a state agency or governmental unit providing funds for staffing activities to carry out the tasks identified in a project selected for funding under this chapter.

NR 153.12(17) (17) “Local share” means that portion of the best management practice installation cost that is not authorized for funding under s. 92.14, 281.65, 281.66 or 281.665, Stats.

NR 153.12(18) (18) “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 153.12(18g) (18g) “Notice of discharge” means a notice issued from the department to a landowner or operator under s. NR 243.24.

NR 153.12(18r) (18r) “Notice of discharge project” means a project funded by the department under s. 281.65 (4e), Stats.

NR 153.12(19) (19) “Operation and maintenance period” means the length of time a best management practice included on a cost-share agreement or a runoff management grant agreement shall be operated and maintained to fulfill conditions of the agreement.

NR 153.12(19m) (19m) “Priority lake” means any lake or group of lakes that are identified under s. 281.65 (3) (am), Stats.

NR 153.12(20) (20) “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 in s. 281.65 (3m) (b), Stats., and implemented through the process in ch. NR 120.

NR 153.12(21) (21) “Priority watershed” means any watershed that is identified under s. 281.65 (3) (am) or (4) (cm) or (co), Stats.

NR 153.12(23) (23) “Project” means any targeted runoff management project or a notice of discharge project.

NR 153.12(24) (24) “Project area” means the geographic extent of a project.

NR 153.12(25) (25) “Project completion” means the expiration date of a runoff management grant agreement or the date all practice installations were certified as complete.

NR 153.12(26) (26) “Project sponsor” means the governmental unit or state agency applying for and receiving grant assistance under s. 281.65 (4c) or (4e), Stats., and this chapter.

NR 153.12(27) (27) “Provider” means a governmental unit that administers cost-share funds through a cost-share agreement with a landowner, operator, or state agency.

NR 153.12(29) (29) “Runoff management grant agreement” means an agreement entered into between the department of natural resources and a state agency or governmental unit or federally recognized tribal governing body which establishes the terms under which funds are provided by the department for the installation of best management practices or the purchase of property or easements in a project funded under s. 281.65 (4c) or (4e), Stats.

NR 153.12(30) (30) “Structural urban best management practices” means detention basins, wet basins, infiltration basins and trenches and wetland basins.

NR 153.12(31) (31) “Targeted runoff management project” means either a TMDL or a non-TMDL control project selected by the department for funding under s. 281.65 (4c), Stats.

NR 153.12(31m) (31m) “TMDL” means the amount of pollutants specified as a function of one or more water quality parameters that can be discharged into a water quality limited surface water segment and still ensure attainment of the applicable water quality standard.

NR 153.12(32) (32) “Urban best management practices” means structural urban best management practices and other source area measures, transport system and end-of-pipe measures designed to control storm water runoff rates, volumes and discharge quality. In this definition, “source area” means a component of urban land use including rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns from which storm water pollutants are generated during periods of snowmelt and rainfall runoff.

NR 153.12(32g) (32g) “US EPA” means the United States environmental protection agency.

NR 153.12(32r) (32r) “Watershed” means the geographic area draining to a specified portion of the surface or groundwater resource.

NR 153.12(33) (33) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 153.12(34) (34) “WPDES” means Wisconsin pollutant discharge elimination system.

NR 153.12 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. (1), cr. (5m), (12m), (18g), (18r), (19m), (31m), (32g), (32r), am. (8), (19), (23) to (27), (29), (31), r. (22), (28) Register December 2010 No. 660, eff. 1-1-11.

NR 153.13 NR 153.13 Eligible applicants.

NR 153.13(1) (1) Governmental units and federally recognized tribal governing bodies are eligible to apply for and receive funding for projects administered under this chapter.

NR 153.13 Note Note: A landowner or land operator that is not a governmental unit may not apply directly to the department for a targeted runoff management grant or a notice of discharge grant. However, a landowner or land operator may enter into a cost-share agreement with a governmental unit to receive grant funds awarded by the department under s. NR 153.20 or 153.205.

NR 153.13(2) (2) A state agency, including the department, may apply for a targeted runoff management project grant administered under this chapter for a project on land under state ownership or control if the project area is within the boundaries of a priority watershed or priority lake project. The department may apply for a grant to purchase an easement for a targeted runoff management project or a notice of discharge project located in a priority watershed or priority lake project. For purposes of this subsection, a priority watershed or priority lake project is considered to retain its project status through the end of the tenth year beyond the expiration date of the nonpoint source grant agreement entered into under s. NR 120.12.

NR 153.13 Note Note: A state agency, including the department, may not apply directly to the department for a targeted runoff management project grant if the project area is located outside the boundaries of a priority watershed or priority lake project. For work in these areas a state agency, including the department, may only receive funds for a targeted runoff management project if a governmental unit submits an application on its behalf.

NR 153.13 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. Register December 2010 No. 660, eff. 1-1-11.

NR 153.14 NR 153.14 Eligible targeted runoff management projects.

NR 153.14(1) (1) Applicability. This section applies only to targeted runoff management projects.

NR 153.14(2) (2) Project categories. The following four categories of targeted runoff management projects are eligible for funding under this chapter:

NR 153.14(2)(a) (a) Large-scale TMDL implementation project.

NR 153.14(2)(b) (b) Small-scale TMDL implementation project.

NR 153.14(2)(c) (c) Large-scale non-TMDL control project.

NR 153.14(2)(d) (d) Small-scale non-TMDL control project.

NR 153.14(3) (3) General administrative project criteria for all projects. Any project funded under this section shall meet all of the following administrative criteria:

NR 153.14(3)(a) (a) The project application submitted under s. NR 153.17 shall specify the watershed, sub-watershed, or specific site that will be served by the project.

NR 153.14(3)(b) (b) The project shall be consistent with priorities identified by the department on a watershed or other geographic basis.

NR 153.14(3)(c) (c) The project shall be consistent with the county land and water resources management plan approved under s. 92.10, Stats.

NR 153.14(3)(d) (d) The project may not have been allocated full cost-share funding by the department of agriculture, trade and consumer protection under the joint allocation plan approved under ss. 92.14 (14) and 281.65 (4) (pm), Stats.

NR 153.14(4) (4) General water quality criteria for all projects. Any project funded under this section shall implement nonpoint source pollution control in an area that is a target area based on at least one of the following:

NR 153.14(4)(a) (a) The need for compliance with performance standards established by the department in ch. NR 151.

NR 153.14(4)(b) (b) The existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

NR 153.14(4)(c) (c) The existence of outstanding or exceptional resource waters, as designated by the department under s. 281.15, Stats.

NR 153.14(4)(d) (d) The existence of threats to public health.

NR 153.14(4)(e) (e) The existence of an animal feeding operation that has received a notice of discharge under ch. NR 243 or a notice of intent to issue a notice of discharge.

NR 153.14(4)(f) (f) Other water quality concerns of national or statewide importance as identified by the department in application materials.

NR 153.14(5) (5) Large-scale TMDL implementation project eligibility criteria. Large-scale TMDL implementation projects shall meet the following specific criteria:

NR 153.14(5)(a) (a) The project shall directly implement the pollutant-specific goals of either a draft TMDL, a US EPA-approved TMDL, a draft TMDL implementation plan, a department approved TMDL implementation plan, or an equivalent to any of the foregoing as identified by the department.

NR 153.14(5)(b) (b) The project shall be designed to control the most critical nonpoint pollution sources within a designated watershed area.

NR 153.14 Note Note: The boundaries of the watershed area will be based on factors including the amount of funds available, the management needs identified in the TMDL and the management strategy set forth in the TMDL implementation plan.

NR 153.14(5)(c) (c) The project shall be limited to managing agricultural sources of nonpoint pollution.

NR 153.14(5)(d) (d) The project shall focus on controlling those nonpoint pollution sources in the project area that are determined to be significant based on their relative contribution to the impairment and that can be cost-effectively controlled.

NR 153.14(5)(e) (e) The intended project period may not exceed 3 years in duration, with the possibility of extension to 4 years if approved by the department.