Chapter NR 155

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.

NR 155.16(1)(b) (b) The cost-share rates for eligible activities in par. (c) may not exceed 70% of the cost of the activities for which the grant is provided.

NR 155.16(1)(c) (c) The activities identified in this paragraph are eligible for cost sharing.

NR 155.16(1)(c)1. 1. Urban runoff control planning activities, for all or part of a municipality or University of Wisconsin System campus identified in s. NR 155.13 (2). Activities include:

NR 155.16(1)(c)1.a. a. Developing comprehensive urban runoff control plans for existing development, new development, and redevelopment, including planning, pre-design, and general engineering feasibility studies. Planning includes activities necessary to develop a storm water management program consistent with the program elements identified under s. NR 216.07. Urban storm water planning activities for industrial sites subject to subch. II of ch. NR 216 are not eligible for reimbursement under this chapter except for facilities owned or operated by a governmental unit.

NR 155.16(1)(c)1.b. b. Preparing local ordinances including urban runoff control ordinances, construction site erosion control ordinances, pet waste management ordinances, illicit discharge management ordinances and other environmental resource conservation ordinances that the department determines can further the intent of this chapter.

NR 155.16(1)(c)1.c. c. Evaluating alternatives for local financing of urban runoff control programs, including storm water utilities.

NR 155.16(1)(c)1.d. d. Other urban runoff control planning activities determined by the department to further the intent of this chapter.

NR 155.16(1)(c)2. 2. Urban runoff control implementation activities, to include:

NR 155.16(1)(c)2.b. b. Administration associated with initial establishment of local funding programs such as storm water utilities.

NR 155.16(1)(c)2.c. c. Conducting detailed engineering designs and detailed site engineering feasibility studies for projects in existing urban areas and areas of urban redevelopment. The department may also provide reimbursement for detailed engineering designs and detailed engineering feasibility studies for projects in new development where the practices are to be owned and operated by a governmental unit or the Board of Regents.

NR 155.16(1)(c)2.g. g. Contacting landowners and land operators of urban runoff sources described in the project.

NR 155.16(1)(c)2.h. h. Developing, reviewing and implementing cost-share agreements with the cost-share recipient.

NR 155.16(1)(c)2.i. i. Illicit discharge detection and elimination.

NR 155.16(1)(c)2.j. j. Pollution prevention and good housekeeping measures for municipal facilities or operations.

NR 155.16(1)(c)2.k. k. Project evaluation activities identified in the project application and required by the runoff management grant agreement, including monitoring.

NR 155.16(1)(c)2.L. L. Other storm water management implementation activities determined by the department to be necessary to implement the project.

NR 155.16(1)(c)4. 4. Public participation, education and outreach activities to include:

NR 155.16(1)(c)4.a. a. Forming partnerships to cost-effectively manage urban runoff.

NR 155.16(1)(c)4.b. b. Preparing and using educational materials and strategies.

NR 155.16(1)(c)4.c. c. Developing and conducting demonstrations, tours and activities that incorporate citizen involvement.

NR 155.16(1)(c)4.d. d. Other education activities determined by the department to be necessary to implement the project.

NR 155.16(1)(c)5. 5. Professional services contracts for necessary activities the grantee lacks expertise or staff to complete.

NR 155.16(1)(d) (d) The following staff support costs are eligible for cost-sharing, including:

NR 155.16(1)(d)1. 1. Information and education activities approved by the department.

NR 155.16(1)(d)2. 2. Training of staff approved by the department.

NR 155.16(1)(d)4. 4. The cost of testing materials for use in urban best management practice design, installation or operation or in project evaluation, including monitoring.

NR 155.16(1)(d)5. 5. Travel expenses including personal vehicle mileage charges, meals, lodging and other reasonable travel expenses necessary to the project.

NR 155.16(1)(d)8. 8. Field equipment necessary for the project.

NR 155.16(1)(d)10. 10. Other direct costs necessary for the project and approved by the department.

NR 155.16(1)(e) (e) The participating governmental unit and Board of Regents shall provide to the department an accounting of hours spent on the project by staff.

NR 155.16(2) (2) Ineligible costs. The following costs are not eligible for funding under this section:

NR 155.16(2)(a) (a) Direct costs for other items not listed as eligible for up to 70% cost-sharing.

NR 155.16(2)(b) (b) Indirect project costs.

NR 155.16 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (b), (c) (intro.), 1. a., 2. c., (e), r. (1) (c) 2. a., d., e., f., 3., (d) 3., 6., 7., 9., (f) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (1) (c) 1. (intro.), 2. c., (e) Register April 2016 No. 724, eff. 5-1-16.

NR 155.17 NR 155.17 Project application.

NR 155.17(1) (1) Application process.

NR 155.17(1)(a) (a) Subject to the availability of funds, the department shall:

NR 155.17(1)(a)1. 1. Solicit applications for projects to be funded under this chapter by providing public notice that application materials are available upon request.

NR 155.17(1)(a)2. 2. Distribute to any potential applicant that requests it a copy of the application, instructions for completing the application and guidelines that the department will use to score project applications.

NR 155.17(1)(b) (b) A governmental unit or the Board of Regents may request funding under this chapter for one or more projects.