Chapter NR 155

NR 155.30   Project evaluation and reporting.

NR 155.31   Variances.

NR 155.32   Grant evaluation and enforcement.

NR 155.10 NR 155.10 Purpose. The purpose of this chapter is to establish administrative policies and procedures for a competitive grant program to abate urban nonpoint source water pollution and storm water runoff, as authorized by s. 281.66, Stats. This chapter promotes management of urban runoff from existing urban areas, developing urban areas and areas of urban redevelopment. The goal of urban runoff management in these areas is to achieve water quality standards, minimize flooding, protect groundwater, coordinate urban nonpoint source management activities with the municipal storm sewer discharge permit program authorized under s. 283.33, Stats., and implement non-agricultural nonpoint source performance standards authorized under s. 281.16 (2), Stats.

NR 155.10 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02.

NR 155.11 NR 155.11 Applicability. This chapter applies to all of the following when conducting urban nonpoint source water pollution abatement and storm water management activities authorized under s. 281.66, Stats.:

NR 155.11(1) (1) The department, when acting to solicit, accept and score urban runoff project applications and select urban runoff projects.

NR 155.11(2) (2) The department when acting to administer grants and the grant program, including when the department acts as the grantor of runoff management grant agreements and local assistance grant agreements for urban runoff projects.

NR 155.11(3) (3) Governmental units when acting to submit applications to the department for urban runoff projects, receive grants from the department for urban runoff projects and serve as cost-share providers to landowners and land operators in urban runoff projects.

NR 155.11(4) (4) The Board of Regents, when acting as a grant applicant, runoff management grantee or a local assistance grantee for urban runoff projects.

NR 155.11(5) (5) Landowners and land operators when acting as cost-share recipients in urban runoff projects.

NR 155.11 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; 2015 Wis. Act 330 s. 20: am. (4) Register April 2016 No. 724, eff. 5-1-16.

NR 155.12 NR 155.12 Definitions. In this chapter:

NR 155.12(1) (1) “Applicant” means a governmental unit or Board of Regents when applying for a grant under this chapter.

NR 155.12(2) (2) “Board of Regents” means the Board of Regents of the University of Wisconsin System.

NR 155.12(3) (3) “Certification” means that an authorized representative has attested in writing that the statement is true.

NR 155.12(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 urban best management practice.

NR 155.12(5) (5) “Cost-share agreement” means the agreement established between the governmental unit and the cost-share recipient which identifies the urban 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 urban best management practices.

NR 155.12(6) (6) “Department” means the Wisconsin department of natural resources.

NR 155.12(7) (7) “Force account work” means the use of the governmental unit’s or board of regent’s own employees and equipment for project planning, design, construction, construction related activities, inspections, repair, or improvement to an urban best management practice.

NR 155.12(8) (8) “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 155.12(9) (9) “Grant period” means the time period during which a governmental unit or the Board of Regents is eligible to incur eligible costs and obtain reimbursement from the department for a project under a runoff management grant agreement or a local assistance grant agreement.

NR 155.12(10) (10) “Grantee” means a governmental unit or the Board of Regents that receives funding from the department under a runoff management grant agreement or a local assistance grant agreement.

NR 155.12(11) (11) “Grantor” means the department when serving to provide funds under this chapter to a grantee.

NR 155.12(12) (12) “Landowner” means any individual, partnership, corporation, municipality or person holding title to land.

NR 155.12(13) (13) “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 155.12(14) (14) “Local assistance grant agreement” means an agreement between the department and a governmental unit or the Board of Regents for the purpose of providing funds for staffing activities to carry out the tasks identified in an urban runoff project selected for funding under this chapter.

NR 155.12(15) (15) “Local share” means that portion of the best management practice installation cost funded under sources other than those authorized in s. 92.14, 281.65, 281.66 or 281.665, Stats.

NR 155.12(16) (16) “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 155.12(17) (17) “Operation and maintenance period” means the length of time an urban best management practice included on a cost-share agreement or a runoff management grant agreement shall be operated and maintained.

NR 155.12(18) (18) “Point source” has the meaning in s. 283.01 (12), Stats.

NR 155.12(19) (19) “Population” means population shown by the last federal census or by subsequent population estimate under s. 16.96, Stats.

NR 155.12(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 155.12(21) (21) “Priority watershed” means any watershed that is identified under s. 281.65 (3) (am) or (4) (cm) or (co), Stats.

NR 155.12(22) (22) “Priority watershed plan” means the detailed portion of the area-wide water quality management plans prepared for priority watersheds as described in s. NR 120.08.

NR 155.12(23) (23) “Project” means an urban runoff project.

NR 155.12(24) (24) “Project area” means the geographic extent of a targeted runoff management project.

NR 155.12(25) (25) “Project completion” means the expiration date of a runoff management grant agreement.

NR 155.12(26) (26) “Provider” means a governmental unit when serving to administer cost-share funds through a cost-share agreement with a private landowner or land operator.

NR 155.12(27) (27) “Recipient” means the receiver of cost-share funds from a provider.

NR 155.12(28) (28) “Runoff management grant agreement” means an agreement entered into between the department and a governmental unit or the Board of Regents which establishes the terms under which funds are provided by the department for the installation of urban best management practices or the purchase of property or easements in an urban runoff project funded under this chapter.

NR 155.12(29) (29) “Source area” means a component of urban land use including rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns from which urban runoff pollutants are generated during periods of snow melt and rainfall runoff.

NR 155.12(30) (30) “Structural urban best management practices” means detention basins, wet basins, infiltration basins and trenches and wetland basins.

NR 155.12(31) (31) “Urban area” means an area with a population density of 1,000 or more per square mile, or an area of industrial or commercial land uses, or an area that is surrounded by an area described in this definition.

NR 155.12(32) (32) “Urban best management practice” 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.

NR 155.12(33) (33) “Urban runoff” means runoff from rainfall or snow melt that is either a point source discharge as defined under s. 283.01 (12), Stats., or a nonpoint source discharge as defined under s. 281.65 (2) (b), Stats.

NR 155.12(34) (34) “Watershed” means a region or area bounded peripherally by a divide and draining ultimately to a water of the state.

NR 155.12(35) (35) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 155.12(36) (36) “WPDES” means Wisconsin pollutant discharge elimination system.

NR 155.12 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (7) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (1), (2), (9), (10), (14), (28) Register April 2016 No. 724, eff. 5-1-16.

NR 155.13 NR 155.13 Eligible applicants.

NR 155.13(1) (1) A governmental unit or a federally recognized tribal governing body is eligible to apply for and receive a runoff management grant and local assistance grant administered under this chapter if at least one of the following conditions is met:

NR 155.13(1)(a) (a) The grant application is for a local governmental unit having jurisdiction over the project area.

NR 155.13(1)(b) (b) The grant application is for a local governmental unit not having jurisdiction over the project area if both of the following conditions are met:

NR 155.13(1)(b)1. 1. The local governmental unit is required to control storm water discharges under s. 283.33, Stats.

NR 155.13(1)(b)2. 2. Inter-governmental agreements are in place, or will be put in place, as needed to assure urban best management practices included on the grant are installed and maintained.

NR 155.13(2) (2) The Board of Regents is eligible to apply for and receive a runoff management grant and a local assistance grant administered under this chapter if all of the following conditions are met:

NR 155.13(2)(a) (a) The grant is for practices, techniques or measures to control stormwater discharges on a University of Wisconsin System campus, including the acquisition of property or easements as required to install structural urban best management practices.

NR 155.13(2)(b) (b) The university of Wisconsin campus where the project is located is in a municipality required to obtain a permit under s. 283.33, Stats.

NR 155.13(2)(c) (c) The municipality where the campus is located meets at least one of the following:

NR 155.13(2)(c)1. 1. It is located in a priority watershed as defined in s. 281.65 (2) (c), Stats.

NR 155.13(2)(c)2. 2. It is located in a priority lake area as defined in s. 281.65 (2) (bs), Stats.

NR 155.13(2)(c)3. 3. It is located in an area identified as an area of concern by the international joint commission as defined in s. 281.35 (1) (h), Stats., under the great lakes water quality agreement.

NR 155.13 Note Note: A landowner or land operator that is not a governmental unit or the Board of Regents may not apply directly to the department for a runoff management or local assistance 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 to the governmental unit.

NR 155.13 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am (1) (intro.) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (2) (intro.), (a) Register April 2016 No. 724, eff. 5-1-16.

NR 155.14 NR 155.14 Eligible projects.

NR 155.14(1) (1) An eligible project is that specified in the scope of a runoff management grant agreement developed in accordance with s. NR 155.21 or in the scope of a local assistance grant agreement developed in accordance with s. NR 155.26. A project scope shall have a geographic component and a time component.

NR 155.14(1)(a) (a) The geographic component of the project scope may range from controlling pollution from a single source on a property to controlling multiple pollution sources within a specified drainage area.

NR 155.14(1)(b) (b) The time component of the project scope may last up to 2 years. The department may grant an extension of up to one year in accordance with s. NR 155.21 (2). Multiple projects can be conducted consecutively or simultaneously in the same project area.

NR 155.14(2) (2) The department may provide a runoff management grant under s. NR 155.21 for a project to design and install urban best management practices, stream bank stabilization projects or shoreline stabilization projects necessary to control pollution. The department may provide a runoff management grant only if all of the following apply:

NR 155.14(2)(a) (a) The project application submitted under s. NR 155.17 specifies the watershed, sub-watershed or specific site that will be served by the project.

NR 155.14(2)(b) (b) The project is consistent with priorities identified by the department on a watershed or other geographic basis.

NR 155.14(2)(c) (c) The project is consistent with non-agricultural performance standards under subchs. III and IV of ch. NR 151.

NR 155.14(2)(d) (d) The project is in an urban area.

NR 155.14(2)(d)1. 1. For purposes of administering this paragraph, the department shall use the criteria under s. NR 155.17 (2) (b) 3. to determine whether an area is urban based on population density and the criteria under s. NR 155.15 (1) (b) 3. to 6. to determine if an area is an eligible commercial or industrial land use.

NR 155.14(2)(d)2. 2. The department may waive the requirement in this paragraph for grants made to the Board of Regents.

NR 155.14(2)(e) (e) The governmental unit with jurisdiction over the project area ensures, in accordance with s. NR 155.17 (2) (b) 4. adequate implementation of construction site pollution control, and of storm water management after development, for development and redevelopment of sites of one or more acres.

NR 155.14(3) (3) 

NR 155.14(3)(a) (a) The department may award a local assistance grant in accordance with s. NR 155.16 (1) or 155.26 for an urban runoff project in an urban area and for projects in areas that are expected to become an urban area within 20 years. For purposes of administering this subsection, the department shall use the criteria under s. NR 155.17 (2) (b) 3. to determine whether an area is, or will become, urban based on population density. The criteria under s. NR 155.15 (1) (b) 3. to 6. shall be used to determine if an area is an eligible commercial or industrial land use. The department may waive the requirement that the project be in an urban area, or an area projected to become an urban area, for grants made to the Board of Regents.

NR 155.14(3)(b) (b) To be eligible for reimbursement, a storm water management planning project funded under this paragraph shall meet the planning requirements of subch. I of ch. NR 216.

NR 155.14 Note Note: Department guidance and planning standards are available from the department at [phone].

NR 155.14 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am (3), cr. (3) (b) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (2) (d) 2., (3) (a) Register April 2016 No. 724, eff. 5-1-16.

NR 155.15 NR 155.15 Cost sharing for urban best management practices.

NR 155.15(1) (1) Eligible costs.

NR 155.15(1)(a) (a) The department may provide cost sharing for the construction of urban best management practices to abate urban runoff. Design and construction services are included as eligible components of the construction or implementation of the urban best management practice. State and local administrative permit fees are not reimbursable as part of the construction cost.

NR 155.15 Note Note: Although local administrative fees are not reimbursable, the department may reimburse governmental units for design and construction services subject to the limitations of s. NR 155.27 (4).

NR 155.15(1)(b) (b) Urban best management practices are eligible for cost-sharing when used to:

NR 155.15(1)(b)1. 1. Stabilize stream banks and shorelines in areas under subds. 2. to 7. as necessary to filter or infiltrate urban runoff or to reduce sediment pollution caused by stream bank erosion.