Chapter NR 153

NR 153.15(2)(z) (z) Maintaining existing grass cover.

NR 153.15(2)(za) (za) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation.

NR 153.15(2)(zb) (zb) Best management practices that do not meet the eligibility criteria under sub. (1).

NR 153.15(2)(zc) (zc) Costs that another governmental unit is also reimbursing.

NR 153.15(2)(zd) (zd) Other practices which the department determines are not necessary to achieve the objectives of the project.

NR 153.15(3) (3) Interim best management practices and alternative design criteria.

NR 153.15(3)(a) (a) Purpose. The purpose of this subsection is to provide for the use of best management practices, management measures, design criteria or standards and specifications that are not included in subch. VIII of ch. ATCP 50 or ch. NR 154 but that will contribute to achieving water quality goals.

NR 153.15(3)(b) (b) Requirements. The department may approve cost sharing for best management practices, management measures, design criteria or standards and specifications other than those included in subch. VIII of ch. ATCP 50 or ch. NR 154 provided that all of the conditions in this paragraph are met.

NR 153.15(3)(b)1. 1. The practices, design criteria, standards or specifications developed under this subsection may not be applied for the purpose of meeting an agricultural or urban performance standard identified in ch. NR 151 unless the department determines that existing practices, design criteria or technical standards contained in ch. NR 154 or ATCP 50 cannot cost effectively meet the performance standards or, in the absence of a performance standard, the project water quality goals.

NR 153.15 Note Note: The department of agriculture, trade and consumer protection is the lead agency responsible for developing practices, design criteria, standards and specifications to meet agricultural performance standards.

NR 153.15(3)(b)2. 2. The applicant shall justify all of the following:

NR 153.15(3)(b)2.a. a. That the practices, design criteria, standards or specifications are necessary to meet the water quality objectives of the project.

NR 153.15(3)(b)2.b. b. That the practice is a cost-effective means of preventing or reducing pollutants generated from nonpoint sources.

NR 153.15(3)(b)2.c. c. That the practice does not have an adverse impact on fish and wildlife habitat.

NR 153.15(3)(b)3. 3. The department shall consult with DATCP if the best management practice, design criteria, standards or specifications are agricultural.

NR 153.15(3)(b)4. 4. The department shall identify the best management practice, design criteria, standards, specifications, operation and maintenance period, cost-share rates and cost-share conditions in the runoff management grant agreement.

NR 153.15(3)(c) (c) Time period. Approvals by the department under par. (b) shall be for a limited period of time, which the department shall specify. After the specified time period has expired, the department will either discontinue the approved use of the interim measures or adopt the measures in ch. NR 154.

NR 153.15(4) (4) Demonstration projects.

NR 153.15(4)(a) (a) The department may allow cost sharing for items identified under sub. (2) if necessary to implement a demonstration project. The department shall require demonstration projects to meet the all of the following criteria to be considered eligible for cost sharing under this subsection:

NR 153.15(4)(a)1. 1. The project shall be selected according to the process identified in s. NR 153.20.

NR 153.15(4)(a)2. 2. The project shall be determined by the department to have statewide or regional significance and shall be designed to provide results that are transferable to other locations within the state. This includes projects that demonstrate traditional or innovative management measures or best management practices in order to increase acceptance, use and understanding of cost-effectiveness, including pollutant control capability.

NR 153.15(4)(a)3. 3. The project shall have a strategy approved by the department for developing and disseminating information and education materials explaining the project and its management implications.

NR 153.15(4)(b) (b) The department may consult with the university of Wisconsin-extension or its agent in considering demonstration project proposals.

NR 153.15(5) (5) Cost-share rates and cost-share conditions. Cost-share rates and cost-share conditions, including provisions for economic hardship, identified in ch. NR 154 shall be used for best management practices funded under this chapter.

NR 153.15(6) (6) Cost-effectiveness.

NR 153.15(6)(a) (a) Only cost-effective practices may be funded under this section unless an exception is granted by the department under s. 281.65 (8) (e) or (4) (em), Stats.

NR 153.15(6)(b) (b) The state cost-sharing amount shall be determined by multiplying the eligible installation cost by the cost-share rate, unless otherwise provided for in this chapter or in ch. NR 154. Where 2 or more practices are equally cost-effective in reducing pollutants consistent with par. (a), the amount of cost sharing shall be based on the least cost practice.

NR 153.15 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; corrections in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 09-112: am. (1) (a), (c) (intro.), 4., (g), (2) (b), (d) (intro.), (e), (y), (3) (b) 1., (4) (a) 3., (6) (b), r. (2) (c), r. and recr. (2) (a), (j), cr. (2) (ag), (ar) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (r) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (2) (j) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

NR 153.16 NR 153.16 Aids for local assistance activities.

NR 153.16(1) (1) Eligible costs.

NR 153.16(1)(a) (a) The department may provide cost sharing under s. NR 153.26 for local assistance activities conducted during the grant period in large-scale TMDL implementation projects and large-scale non-TMDL control projects.

NR 153.16 Note Note: Small-scale TMDL projects, small-scale non-TMDL control projects, and notice of discharge projects are not eligible for local assistance grants. However, design and construction services costs in small-scale and notice of discharge projects may be included in the cost of construction for reimbursement purposes.

NR 153.16(1)(b) (b) The cost-share rate for local assistance activities may not exceed 70 percent of the eligible costs identified in this section.

NR 153.16(1)(c) (c) The following activities are eligible for local assistance funding when conducted in the project area:

NR 153.16(1)(c)1. 1. Identifying high priority nonpoint pollution sources for control.

NR 153.16(1)(c)2. 2. Contacting and informing landowners and land operators of conservation program opportunities and requirements, including those relating to state performance standards and prohibitions.

NR 153.16(1)(c)3. 3. Determining and documenting compliance of cropland practices and livestock facilities with performance standards and prohibitions.

NR 153.16(1)(c)4. 4. Identifying site-specific best management practices needed to achieve compliance with performance standards and prohibitions or to otherwise control nonpoint pollution sources.

NR 153.16(1)(c)5. 5. Developing and reviewing cost-share agreements with the cost-share recipient.

NR 153.16(1)(c)6. 6. Providing assistance to the department in developing and issuing notices under ss. NR 151.09 and 151.095 and developing and issuing comparable notices under local ordinances.

NR 153.16(1)(c)7. 7. Best management practice construction services, including construction management and verification of best management practices installation.

NR 153.16(1)(c)8. 8. Reviewing best management practice operation and maintenance during the grant period.

NR 153.16(1)(c)9. 9. Developing and transmitting to the department information that identifies landowners and operators that do not comply with performance standards or prohibitions.

NR 153.16(1)(c)10. 10. Administration of property acquisition in accordance with s. NR 153.25.

NR 153.16(1)(c)11. 11. Fiscal management.

NR 153.16(1)(c)12. 12. Development of informational materials, including videos or brochures.

NR 153.16(1)(c)13. 13. Project evaluation activities identified in the project application and required by the runoff management grant agreement, including monitoring.

NR 153.16(1)(c)14. 14. Other activities approved by the department as being necessary to implement the project.

NR 153.16(1)(d) (d) The following staff support costs are eligible for cost sharing:

NR 153.16(1)(d)1. 1. The cost of testing materials for use in best management practice design and installation.

NR 153.16(1)(d)2. 2. Travel expenses, including personal vehicle mileage charges, meals, lodging, and other reasonable travel expenses necessary to the project.

NR 153.16(1)(d)3. 3. The cost of recording the cost-share agreement with the county register of deeds.

NR 153.16(1)(d)4. 4. Field equipment necessary to conduct or evaluate the project.

NR 153.16(1)(d)5. 5. Other direct costs necessary for the project and approved by the department.

NR 153.16(2) (2) Ineligible costs. The following costs are not eligible for local assistance funding under this section:

NR 153.16(2)(a) (a) Activities for which WPDES permit coverage is required.

NR 153.16(2)(b) (b) Direct costs for other items not listed in this section, including best management practice design, staff training, ordinance development and administration, promotional items except when used for educational purposes, and the purchase or lease of motor vehicles.

NR 153.16(2)(c) (c) Indirect project costs that are not directly related to the output of a product or service or cannot be identified specifically with a single cost objective in an economically feasible manner.

NR 153.16 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11.

NR 153.17 NR 153.17 Targeted runoff management project application.

NR 153.17(1) (1) Applicability. This section applies only to targeted runoff management projects.

NR 153.17(2) (2) Application process.

NR 153.17(2)(a) (a) Subject to the availability of funds, the department shall do the following:

NR 153.17(2)(a)1. 1. Solicit applications for projects to be funded under this chapter by providing the public with information that application materials are available upon request.

NR 153.17(2)(a)1.a. a. The department shall solicit applications for any small-scale project on an annual basis provided there is adequate funding available.

NR 153.17(2)(a)1.b. b. The department may solicit applications for any large-scale project on an annual or biennial basis depending on the availability of funds.

NR 153.17(2)(a)2. 2. Distribute to any potential applicant that requests it a copy of the appropriate application and application instructions.

NR 153.17(2)(b) (b) All applicants for funding shall submit project applications on forms provided by the department. A governmental unit or federally recognized tribal governing body may request funding under this chapter for one or more projects by submitting the appropriate applications to the department.

NR 153.17 Note Note: Forms can be obtained from the department’s Bureau of Watershed Management or the department’s Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

NR 153.17(2)(c) (c) A state agency, including the department, may request funding under this chapter for a project that is on land under state ownership or control and is in a priority watershed or priority lake area by submitting the appropriate application to the department.

NR 153.17(2)(d) (d) The department may request funding for the purchase of eligible easements located in a priority watershed project area by submitting the appropriate application to the department.

NR 153.17(2)(e) (e) Applicants shall submit completed project applications to the department in order to be considered for funding in the following calendar year. Applications shall be delivered or post-marked by midnight, April 15.

NR 153.17(3) (3) Required administrative information. An applicant for any targeted runoff management project shall submit the following information to be considered for funding:

NR 153.17(3)(a) (a) Applicant name.

NR 153.17(3)(b) (b) Name and title of authorized representative.

NR 153.17(3)(c) (c) Contact name and telephone number.

NR 153.17(3)(d) (d) Type of governmental unit and applicant address.

NR 153.17(3)(e) (e) Signature of authorized representative.

NR 153.17(3)(f) (f) Project name and scope.

NR 153.17(3)(g) (g) Other administrative information that the department determines necessary to process the application.

NR 153.17(4) (4) Required screening information. An applicant for a targeted runoff management project shall submit the screening information required by this subsection to be considered for funding.

NR 153.17(4)(a) (a) Certification that the project meets applicable eligibility requirements of s. NR 153.14. To demonstrate consistency with a county’s land and water resource management plan as required under s. NR 153.14 (3) (c) a county shall substantiate that the land and water resource management plan, plan amendment, or work plan prepared under s. ATCP 50.12 identifies goals, objectives, or activities related to the resource concerns being addressed by the project.

NR 153.17(4)(b) (b) A map of the project area showing the watershed, subwatershed, or specific site to be served by the project. The map shall be accompanied by information the applicant is aware of that concerns environmental contamination, endangered, threatened or wetland resources, historic properties, or historic places contained in the project area and potentially impacted by the project.

NR 153.17(4)(c) (c) A list of the best management practices for which funding is requested, including property acquisition associated with any of these practices, and identification of practice eligibility under s. NR 153.15. For land acquisition, a certification statement that the applicant will obtain control of the property upon which the practice will be constructed prior to commencement of the grant period.

NR 153.17(4)(d) (d) A list of local assistance and design activities for which funding is requested and an identification of eligibility under s. NR 153.16.

NR 153.17 Note Note: Local assistance activities eligible for reimbursement are identified in s. NR 153.16. Reimbursement may also be sought for design and construction services work under s. NR 153.15 (1) (a).

NR 153.17(4)(e) (e) Certification that the activities listed on the application are scheduled for completion within the allowable time period specified by the department in the application materials.

NR 153.17(4)(f) (f) Certification that the applicant has made arrangements to provide the staff necessary to implement the project.

NR 153.17(4)(g) (g) Certification that staff and contractors designated for the project have adequate training, knowledge, and experience to implement the proposed project.