Chapter NR 155

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.

NR 155.15(1)(b)2. 2. Abate urban runoff from an area with a population of 1,000 or more per square mile.

NR 155.15(1)(b)3. 3. Abate urban runoff from commercial land uses such as strip commercial, office parks, shopping centers and downtown commercial.

NR 155.15(1)(b)4. 4. Abate urban runoff from government, institutional, transportation and recreational land uses where the land uses contain source areas that generate above average urban runoff volumes, peak flows or pollutant loading.

NR 155.15(1)(b)5. 5. Abate urban runoff from manufacturing and non-manufacturing industrial land uses owned or operated by a governmental unit or the Board of Regents, including sites requiring coverage under subch. II of ch. NR 216.

NR 155.15(1)(b)6. 6. Abate urban runoff from industrial land uses that are not owned or operated by a municipality or the Board of Regents, but only those source areas within these industrial land uses that are not considered to be associated or contaminated by industrial activity, as defined under subch. II of ch. NR 216.

NR 155.15(1)(b)7. 7. Abate urban runoff from areas geographically surrounded by areas described in subds. 2. to 6.

NR 155.15(1)(c) (c) Eligible costs include land acquisition, easements, storm sewer rerouting and removal of structures and associated flood management necessary to implement structural urban best management practices.

NR 155.15(1)(d) (d) An urban best management practice shall be included in ch. NR 154 or be available in accordance with the technical standards development and dissemination requirements of subch. V of ch. NR 151 to be considered eligible for cost sharing under this chapter.

NR 155.15(1)(e) (e) An urban best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, ch. NR 154, in a document identified or developed by a state agency in accordance with subch. V of ch. NR 151 or a runoff management grant agreement in order to be considered eligible for cost sharing under this chapter.

NR 155.15 Note Note: Standards developed by the department are available from the department at [phone].

NR 155.15(1)(f) (f) An urban best management practice shall be included as an eligible item for cost sharing on a runoff management grant agreement, signed by the department and the governmental unit or the Board of Regents in order to be considered eligible for cost sharing under this chapter.

NR 155.15(1)(g) (g) If a cost-share agreement is required, the urban best management practice shall be included as an eligible item on the cost-share agreement, signed by the governmental unit and a landowner or land operator in order to be considered eligible for cost sharing under this chapter.

NR 155.15(1)(h) (h) Urban best management practice costs shall meet requirements for use of bond-sourced funding to be eligible for funding from the appropriation under s. 20.866 (2) (th), Stats.

NR 155.15(2) (2) Ineligible costs. All of the following practices, sources and activities are ineligible for cost sharing under this chapter unless approved by the department as part of a demonstration project in accordance with sub. (3):

NR 155.15(2)(a) (a) The replacement cost of any urban best management practice that is designed to achieve non-agricultural performance standards under subch. III or IV of ch. NR 151. The department may make an exception for an urban best management practice if the urban best management practice was constructed, and the design life of the urban best management practice expired prior to October 1, 2002.

NR 155.15(2)(b) (b) Operation and maintenance of urban best management practices.

NR 155.15(2)(c) (c) Best management practices needed to control sources of urban runoff that were adequately managed for the specific land use at the time the cost-share agreement or runoff management grant agreement is signed, including management of a source in compliance with performance standards, but that are producing an increased amount of pollutant loading to the surface water or groundwater due to the landowner’s or land operator’s significant changes in land management. Changes that the department may consider significant and ineligible for cost-sharing include those that create an increase in the urban runoff counter to the water resource objectives in an approved areawide water quality management plan, priority watershed or priority lake plan, county land and water resources management plan or performance standard for the area. In this paragraph, “approved areawide water quality management plan” means a plan, which has been adopted pursuant to ch. NR 121.

NR 155.15(2)(d) (d) Urban best management practice installation, started prior to the signing of a runoff management grant and, when required, a cost-share agreement. This paragraph does not preclude the department from providing reimbursement for structural best management practice design work commenced or completed prior to signing the runoff management grant agreement and the cost-share agreement, provided that practice construction is commenced prior to reimbursement.

NR 155.15(2)(e) (e) Activities covered by the WPDES permit program including those identified in chs. NR 200 to 299, except for municipal activities identified in sub. (1) carried out by the municipality to comply with municipal storm water permitting requirements under ch. NR 216.

NR 155.15(2)(f) (f) Activities required as part of or as a condition of a license for a solid waste management site.

NR 155.15(2)(g) (g) Urban best management practices associated with new construction or new development, including the following:

NR 155.15(2)(g)1. 1. Construction site erosion control measures subject to the requirements of s. NR 151.11, except those required by this chapter to control erosion during construction of a best management practice.

NR 155.15(2)(g)2. 2. Post-construction storm water management practices for new development subject to the requirements of subch. III of ch. NR 151.

NR 155.15(2)(g)3. 3. The department may consider redevelopment of an existing development and in-fill to be either existing development or new development for purposes of this paragraph. In making its determination, the department shall consider the type of land cover within and adjacent to the development and the areal extent of the development.

NR 155.15(2)(g)4. 4. In this paragraph, “existing development” has the meaning given it in s. NR 151.002 (14g), “in-fill” has the meaning given it in s. NR 151.002 (18) and “new development” means development resulting from the conversion of previously undeveloped land or agricultural land uses initiated after October 1, 2004, or development for which a notice of intent was received by the department or the department of safety and professional services after October 1, 2004.

NR 155.15(2)(h) (h) Pollutant control measures needed during construction of highways and bridges.

NR 155.15(2)(i) (i) Installing, operating and repairing a small-scale on-site human domestic waste facility.

NR 155.15(2)(j) (j) Dredging of harbors, lakes, rivers and ditches.

NR 155.15(2)(k) (k) Installing dams, pipes, conveyance systems and urban best management practices, including storm sewer rerouting and land acquisition for structural urban best management practices, when intended solely for flood control. In this subsection, “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 155.15(2)(L) (L) Practices whose purpose is to accelerate or increase the drainage of land or wetlands, except where drainage is required as a component of an urban best management practice.

NR 155.15(2)(m) (m) Practices to control spills from commercial bulk storage of pesticides, fertilizers, petroleum and similar materials required by ch. ATCP 33 or other administrative rules.

NR 155.15(2)(n) (n) Practices to be fully funded through other programs.

NR 155.15(2)(o) (o) Practices previously installed and necessary to support cost-shared practices.

NR 155.15(2)(p) (p) Urban best management practices located outside an eligible geographic area.

NR 155.15(2)(q) (q) Activities funded through state or federal grants for wastewater treatment plants.

NR 155.15(2)(r) (r) Active mining activities.

NR 155.15(2)(s) (s) Urban best management practices that do not meet the eligibility criteria under sub. (1).

NR 155.15(2)(t) (t) Costs that another governmental unit is also reimbursing.

NR 155.15(2)(u) (u) Other practices, which the department determines, are not necessary to achieve the objectives of the project.

NR 155.15(3) (3) Demonstration projects.

NR 155.15(3)(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 all of the following criteria to be considered eligible for cost sharing under this subsection:

NR 155.15(3)(a)1. 1. The project shall be selected according to the process identified in s. NR 155.20.

NR 155.15(3)(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 urban best management practices needed in order to increase acceptance, use and understanding of cost-effectiveness, including pollutant control capability.

NR 155.15(3)(a)3. 3. The project shall have an approved strategy for developing and disseminating information and education materials explaining the project and its management implications.

NR 155.15(3)(b) (b) The department may consult with the university of Wisconsin-extension or its agent in considering demonstration project proposals.

NR 155.15(4) (4) Cost-share rates and cost-share conditions. Cost-share rates and cost-share conditions identified in ch. NR 154 or the runoff management grant agreement shall be used for urban best management practices funded under this chapter.

NR 155.15(5) (5) Cost-effectiveness. The state cost-sharing amount shall be the total cost of an eligible practice multiplied by the cost-share rate, unless otherwise provided for in this chapter or in ch. NR 154. Where 2 or more practices are of equal effectiveness in reducing pollutants, the amount of cost sharing shall be based on the least cost practice.

NR 155.15(6) (6) Interim best management practices and alternative design criteria.

NR 155.15(6)(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 ch. NR 154 but that will contribute to achieving water quality goals.

NR 155.15(6)(b) (b) Requirements. The department may consider eligible for cost sharing best management practices, management measures, design criteria or standards and specifications other than those included in ch. NR 154 provided that all of the conditions in this paragraph are met.

NR 155.15(6)(b)1. 1. The practices, design criteria, standards or specifications developed under this subsection may not be applied for the purpose of meeting a non-agricultural or transportation performance standard identified in ch. NR 151.

NR 155.15 Note Note: Development of urban practices, design criteria and standards for compliance with non-agricultural performance standards must be in accordance with subch. V of ch. NR 151.

NR 155.15(6)(b)2. 2. The applicant shall justify all of the following:

NR 155.15(6)(b)2.a. a. That the practices, design criteria, standards or specifications are necessary to meet the water quality objectives of the project.

NR 155.15(6)(b)2.b. b. That the practice is a cost-effective means of preventing or reducing pollutants.

NR 155.15(6)(b)2.c. c. That the practice does not have an adverse impact on fish and wildlife habitat.

NR 155.15(6)(b)3. 3. 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 155.15(6)(c) (c) Time period. Department approval to use a practice, measure, standard or specification not included in ch. NR 154 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 155.15 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (a), r. and recr. (2) (g) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (m) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (2) (g) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672; 2015 Wis. Act 330 s. 20: am. (1) (b) 5., 6., (f) Register April 2016 No. 724, eff. 5-1-16.

NR 155.16 NR 155.16 Aids for local assistance activities.

NR 155.16(1) (1) Eligible costs.

NR 155.16(1)(a) (a) The department may provide cost sharing under s. NR 155.26 for activities in projects selected by the department under this chapter that are in an urban area or area expected to become urban within 20 years of the application submittal date.