Chapter NR 155

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.

NR 155.17(1)(c) (c) Applicants shall submit completed project applications to the department in order to be considered for funding in the following calendar year. The department shall establish the deadline for project application and shall include the deadline in the application materials.

NR 155.17(2) (2) Required information. An applicant shall submit all of the information required by this subsection to be considered for funding under this chapter.

NR 155.17(2)(a) (a) Administrative information required by the department to administer the grant request. Administrative information shall include all of the following unless otherwise exempted in this section:

NR 155.17(2)(a)1. 1. Applicant name.

NR 155.17(2)(a)2. 2. Name and title of authorized representative.

NR 155.17(2)(a)3. 3. Contact name and telephone.

NR 155.17(2)(a)4. 4. Type of governmental unit and applicant address.

NR 155.17(2)(a)5. 5. Applicant’s signature.

NR 155.17(2)(a)6. 6. Project scope.

NR 155.17(2)(a)7. 7. Other information that the department determines necessary to process the application.

NR 155.17(2)(b) (b) Screening information required by the department to determine whether the proposed project complies with basic program and statutory funding requirements. This information shall include all of the following unless otherwise exempted in this section:

NR 155.17(2)(b)1. 1. Certification that the project meets the eligibility requirements of s. NR 155.14 (2).

NR 155.17(2)(b)2. 2. 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 affected by the project.

NR 155.17(2)(b)3. 3. For a project to be funded with a cost-sharing grant, documentation that the project is in an urban area. For a project to be funded with a local assistance grant, documentation that the project area is in an urban area or an area expected to become urban within 20 years of the application date. In determining if a project area is, or will become urban:

NR 155.17(2)(b)3.a. a. Existing and projected population shall be the population shown by the last federal census or by any subsequent population estimate under s. 16.96, Stats.

NR 155.17(2)(b)3.b. b. When the project covers part of a municipality or campus, such as a project for a urban best management practice that serves a limited geographic area or an urban runoff control plan for a limited area, the area over which the population density is calculated shall be limited, to the extent allowed by the population data, to that included in the project area.

NR 155.17(2)(b)3.c. c. When the project covers substantially all of a municipality or campus, such as a project for a comprehensive municipal urban runoff management plan, an information and education program or a municipal ordinance, the area over which the population density is calculated shall be the entire area within the municipal or campus boundary to the extent practical given existing census data.

NR 155.17(2)(b)3.d. d. The department may waive the information requirement under this subdivision for projects on a University of Wisconsin System campus meeting the requirements of s. NR 155.13 (2).

NR 155.17(2)(b)4. 4. For projects to be funded with a cost-share grant, documentation that the applicant can ensure adequate implementation of construction site pollution control, and of urban runoff control after development, for development and redevelopment of project sites of one or more acres within the municipality or campus. Information shall be submitted indicating the extent to which the applicant can assure management of urban runoff from these sources. Information includes:

NR 155.17(2)(b)4.a. a. Adoption, implementation and enforcement of local regulations for construction site erosion control consistent with non-agricultural performance standards in s. NR 151.11.

NR 155.17 Note Note: Chapter NR 152 contains a model ordinance to guide municipalities in developing local regulations to control construction site erosion.

NR 155.17(2)(b)4.b. b. Adoption, implementation, and enforcement of urban runoff control plans and ordinances to control post-construction runoff from areas of new development and redevelopment consistent with non-agricultural performance standards in subch. III of ch. NR 151.

NR 155.17 Note Note: Chapter NR 152 contains a model ordinance to guide municipalities in developing local regulations to control post-construction urban runoff from areas of new development and redevelopment.

NR 155.17(2)(b)4.c. c. Adoption of municipal storm water plans or policies for developed urban areas consistent with non-agricultural performance standards in s. NR 151.13.

NR 155.17(2)(b)5. 5. A list of the urban best management practices for which funding is requested, including easements or property acquisitions associated with any of these practices, and identification of practice eligibility under s. NR 155.15.

NR 155.17(2)(b)6. 6. Evidence that the proposed project is consistent with non-agricultural and transportation performance standards contained in subchs. III and IV of ch. NR 151.

NR 155.17(2)(b)7. 7. Evidence that inter-municipal agreements have been or will be executed when needed to assure design, construction, operation and maintenance of urban runoff control implemented cooperatively by multiple units of government or the Board of Regents.

NR 155.17(2)(b)8. 8. A list of local assistance activities for which funding is requested and an identification of eligibility under s. NR 155.16.

NR 155.17(2)(b)9. 9. Certification that the activities listed on the application will be completed within the allowable time period specified by the department in the application materials.

NR 155.17(2)(b)10. 10. Certification that the applicant has made arrangements to provide the staff or contract services necessary to implement the project.

NR 155.17(2)(b)11. 11. Certification that staff and contractors designated for the project have adequate training, knowledge and experience to implement the proposed project.

NR 155.17(2)(b)12. 12. Other information that the department may require to screen the application for compliance with minimum requirements.

NR 155.17(2)(b)13. 13. Certification that the applicant will obtain control of the property upon which the practice will be constructed prior to commencement of the grant period.

NR 155.17(2)(b)14. 14. Written confirmation that the applicant’s prior urban nonpoint construction grant projects will be completed within the applicable grant period or periods.

NR 155.17(2)(c) (c) Scoring information required by the department to evaluate and rank the project. Scoring information includes all of the following unless otherwise exempted in this section.

NR 155.17(2)(c)1. 1. Fiscal accountability and cost-effectiveness information for the proposed project including:

NR 155.17(2)(c)1.a. a. A work schedule.

NR 155.17(2)(c)1.b. b. A financial budget showing total costs.

NR 155.17(2)(c)1.c. c. All funding sources, including sources of in-kind local share donation as provided for in s. NR 155.23 (2).

NR 155.17(2)(c)1.d. d. Documentation of project cost-effectiveness.

NR 155.17(2)(c)2. 2. A project evaluation and monitoring strategy including pre- and post-project information concerning actual or potential changes in land use, changes in pollutant loading or changes in chemical, physical or biological conditions of the water resources affected by the project.

NR 155.17(2)(c)3. 3. Evidence of local support and involvement including support from governmental units, the Board of Regents, interest groups, landowners and land operators that need to implement urban best management practices. Evidence of local involvement also includes a governmental unit’s continuous decision-making process which ensures participation by minority and low income populations in affected areas, along with majority populations, to ensure that as an outcome all people receive the benefits of a clean, healthy and sustainable environment regardless of race, national origin or income.

NR 155.17(2)(c)4. 4. The project priority in relation to other department water basin priorities, such as those identified on priority lists established by the department or its basin partnership teams, or the priority based on department statewide research needs relating to evaluation of urban runoff control technologies.

NR 155.17(2)(c)5. 5. The water quality need to be addressed by the project including impairment or threats to water quality caused or contributed to by urban runoff in the area that will be addressed by the project. The water quality need shall be related to one or more of the following categories:

NR 155.17(2)(c)5.a. a. Existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).