Chapter NR 153

NR 153.22(8)(a) (a) If the practice becomes ineffective either during the grant period of the runoff management grant agreement or during the operation and maintenance period for the project, and the reason for the practice becoming ineffective is beyond the control of the cost-share recipient, the department may award a new grant agreement or amend and extend the existing runoff management grant agreement to cost share the replacement of the practice.

NR 153.22(8)(b) (b) An appropriate operation and maintenance period for the replacement practice shall be identified in the cost-share agreement.

NR 153.22(9) (9) Change in ownership. If a change in ownership occurs during the cost-share agreement period or during the operation and maintenance period of a practice, the new landowner shall be responsible for fulfilling all conditions of the cost-share agreement. Upon receiving written approval from the respective local governmental unit, the new landowner may implement alternative approved best management practices provided that an equal or greater level of pollution control is achieved.

NR 153.22(10) (10) Recording of cost-share agreements with register of deeds.

NR 153.22(10)(a) (a) The governmental unit shall record the cost-share agreement and its amendments in the office of the register of deeds for each county in which the property is located if the cost-share agreement includes a riparian buffer, or payments under s. NR 154.03 (1) (i) 3., or if the total cost-share agreement amount exceeds the following:

NR 153.22(10)(a)1. 1. $10,000 prior to January 1, 2005.

NR 153.22(10)(a)2. 2. $12,000 after December 31, 2004 and prior to January 1, 2010.

NR 153.22(10)(a)3. 3. $14,000 after December 31, 2009.

NR 153.22(10)(b) (b) The governmental unit shall record these documents prior to making reimbursements to the landowner or land operator.

NR 153.22(10)(c) (c) A cost-share agreement may be exempt from the recording requirement if the cost-share agreement contains no other practices than the following:

NR 153.22(10)(c)1. 1. Contour farming.

NR 153.22(10)(c)2. 2. Contour and field strip-cropping.

NR 153.22(10)(c)3. 3. Cropland protection cover or green manure.

NR 153.22(10)(c)4. 4. High residue management.

NR 153.22(10)(c)5. 5. Nutrient management.

NR 153.22(10)(c)6. 6. Pesticide management.

NR 153.22(11) (11) Release of property from obligations of cost-share agreements. At the request of the cost-share recipient, a governmental unit may fully or partially release a property from the obligations of the cost-share agreement provided that the governmental unit has determined that the best management practices installed on the property will be maintained or replaced with practices which will not increase the pollutant loading to surface water or groundwater counter to the water resource objectives of the grant application. If state dollars in excess of the amounts enumerated under sub. (10) (a) have been expended for best management practices that are located on the property to be released, the governmental unit shall obtain written approval from the department before releasing the property from the obligations of the cost-share agreement. The release form shall be obtained from the department and filed with the cost-share agreement.

NR 153.22 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 153.22 Note Note: Under s. NR 153.22 (3) (n), any release granted under this subsection does not void the notice issued under s. NR 151.09, 151.095, or 243.24.

NR 153.22(12) (12) Satisfaction of cost-share agreements. At the request of the cost-share recipient, the governmental unit may issue a certificate of satisfaction provided the governmental unit has determined that the cost-share recipient has met all of the obligations of the cost-share agreement, including the operation and maintenance period. The satisfaction shall be documented on a form provided by the department and filed with the cost-share agreement. For cost-share agreements recorded with the register of deeds under sub. (10), the satisfaction form shall be recorded in the office of the register of deeds for each county in which the property is located.

NR 153.22 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 153.22 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (a), (3) (d), (f), (j), (m), (n), (6) (b) 1. (intro.), (7), (8) (a), (9), (11), r. (3) (k), cr. (3) (o), (p), (12) Register December 2010 No. 660, eff.1-1-11.

NR 153.23 NR 153.23 Cost containment.

NR 153.23(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 153.23(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 153.23(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 153.23(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 or land operator may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.

NR 153.23(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 153.23(1)(e) (e) Force account. 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 153.23(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 153.23(2) (2) The cost-containment procedures in this section shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners or land operators installing best management practices:

NR 153.23(2)(a) (a) All sources of local share donation shall be indicated in the project application submitted under s. NR 153.17.

NR 153.23(2)(b) (b) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.

NR 153.23(2)(c) (c) The value of donated equipment may not exceed the equipment rates for highways established by the Wisconsin department of transportation.

NR 153.23 Note Note: 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 153.23(2)(d) (d) The value of donated materials and services may not exceed market rates and shall be established by invoice.

NR 153.23 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (e) (title), r. (1) (f) Register December 2010 No.660, eff. 1-1-11.

NR 153.25 NR 153.25 Property acquisition.

NR 153.25(1) (1) Eligible activities. The department may provide funding to a governmental unit holding a runoff management grant agreement under s. NR 153.21 for any of the following:

NR 153.25(1)(a) (a) Acquire land in fee or an easement identified in the grant application for the construction of a structural urban best management practice.

NR 153.25(1)(b) (b) Acquire land in fee or an easement identified in the grant application for land which is contributing or will contribute nonpoint source pollution. This includes property acquisition to support best management practices such as critical area stabilization, riparian buffers, wetland restoration and the abandonment or relocation of livestock and livestock facilities.

NR 153.25(1)(c) (c) Acquire land in fee or an easement to abandon or relocate livestock or livestock facilities provided that any of the following conditions are met:

NR 153.25(1)(c)1. 1. The acquisition is an eligible best management practice.

NR 153.25(1)(c)2. 2. If the acquisition amount is greater than the amount of funding required to install best management practices at the site, the acquisition may be selected as the cost-effective best management practice if the department concurs that the acquisition is justified based on the additional degree of water quality protection.

NR 153.25(1)(c)3. 3. If the acquisition amount is less than the amount required to install best management practices and the landowner is unwilling to sell the property right, the department may use the acquisition amount as a cost-share ceiling on the cost of installing the best management practice.

NR 153.25(2) (2) Mutual agreement and duration. The landowner and the department shall mutually agree to the conducting of an appraisal. Easements, including donated conservation easements, shall be acquired for perpetuity.

NR 153.25(3) (3) Donated easements. The department may authorize, in writing, any governmental unit, qualified non-profit organization, or person to use grant funds under this chapter to enter into easements or accept a donated conservation easement consistent with the grant application and runoff management grant. Upon acceptance of a donated easement under s. NR 154.03 (2) (c), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement.

NR 153.25(4) (4) Grants to the department for easement purchase. The department may distribute grants and aids to itself for the purchase of easements in a priority watershed area. 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 153.25(5) (5) Acquisition proposals.

NR 153.25(5)(a) (a) A governmental unit requesting runoff management grant funds under this section for the acquisition of property in fee or an easement shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the runoff management grant application or grant amendment request.

NR 153.25(5)(b) (b) The acquisition proposal for fee title or easement shall include all of the following:

NR 153.25(5)(b)1. 1. A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the project for which the grant is applied.

NR 153.25(5)(b)2. 2. A copy of the appropriate county, township, topographic, and local land use planning maps showing the proposed acquisition.

NR 153.25(5)(b)3. 3. A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts.

NR 153.25(5)(b)4. 4. Other information the department may request.

NR 153.25(5)(c) (c) For fee title acquisition, the following additional information is required as part of the acquisition proposal:

NR 153.25(5)(c)1. 1. 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 153.25(5)(c)2. 2. 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 153.25(6) (6) General provisions.

NR 153.25(6)(a) (a) Governmental units shall acquire and manage property acquired with a runoff management grant in accordance with all applicable local, state, and federal laws and regulations.

NR 153.25(6)(b) (b) After approval of the acquisition proposal and receipt of a grant from the department, a governmental unit shall obtain an appraisal for each property.

NR 153.25(6)(b)1. 1. All appraisals shall be subject to department review and approval.

NR 153.25(6)(b)2. 2. After it has received approval from the department, the governmental unit may act on the appraisal.

NR 153.25(6)(b)3. 3. All appraisals shall be conducted by a certified or licensed appraiser as described in ch. 458, Stats., and chs. SPS 85 to 86.

NR 153.25(6)(b)4. 4. All acquisitions with a fair market value of more than $350,000 shall require 2 appraisals. The department may require a second appraisal for property valued under $350,000 if the department finds that the property presents a difficult appraisal problem or if the first appraisal is unacceptable.

NR 153.25(6)(c) (c) 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. (b) 3. and which describes the benefits due to the seller in exchange for the transfer of the seller’s property.

NR 153.25(6)(d) (d) If applicable, relocation plans shall be developed in accordance with ch. Adm 92.

NR 153.25(6)(e) (e) Property acquired with a runoff management grant shall be maintained and managed in accordance with the provisions, conditions, and scope description in the grant contract.

NR 153.25(6)(f) (f) A governmental unit may be allowed to acquire property prior to entering into a runoff management grant agreement, provided that the governmental unit has received written approval from 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 runoff management grant reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with par. (b).

NR 153.25(6)(g) (g) The governmental unit shall record in the office of the register of deeds for each county in which 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 153.25(7) (7) State cost-share rate.

NR 153.25(7)(a) (a) The maximum allowable state cost-share rate for the acquisition of property under this chapter is 70 percent, except that the maximum allowable state cost-share shall be 50 percent when the purpose of the acquisition is to support a structural urban best management practice.

NR 153.25(7)(b) (b) The cost share rate shall be applied to the lesser of the following 2 amounts:

NR 153.25(7)(b)1. 1. The acquisition cost of the property.

NR 153.25(7)(b)2. 2. The certified appraisal value as determined by the department 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. Reasonable costs do 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 subdivision.

NR 153.25(7)(c) (c) The department may not reimburse acquisition costs related to purchase of the property until the property acquisition has been completed.

NR 153.25(8) (8) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:

NR 153.25(8)(a) (a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.

NR 153.25(8)(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 153.25(8)(c) (c) The degree to which the acquisition of the property would complement other watershed management efforts.

NR 153.25 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; correction in (6) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

NR 153.26 NR 153.26 Local assistance grant agreement.

NR 153.26(1) (1) The local assistance grant agreement is an agreement between the department and a state agency or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this chapter. A local assistance grant awarded under this section may be used for local project administration and management activities determined by the department to satisfy the requirements of s. 281.65 (4) (f), Stats.

NR 153.26(2) (2) If the local assistance grant provides funding to accelerate implementation of best management practices within a priority watershed project, the department shall require that the funds be administered consistent with requirements of the approved priority watershed plan.

NR 153.26(3) (3) All water tests that require laboratory analyses and which are part of the project shall be analyzed by a laboratory certified in accordance with ch. NR 149. In the event there is no certification available for the analyses to be conducted, the department shall approve the selection of a laboratory.

NR 153.26(4) (4) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval.

NR 153.26(5) (5) The department may only award a local assistance grant for the purpose of implementing a runoff management agreement under s. NR 153.21.

NR 153.26(6) (6) The grantee shall apply for local assistance grant funds using the application process under s. NR 153.17.

NR 153.26(7) (7) If a governmental unit contracts with a government agency or person to provide field, administrative, planning, or other services to carry out activities of the local assistance grant agreement, the contract shall be submitted to the department for review and approval prior to signing.