Chapter NR 155

NR 155.19(3)(a) (a) The department may identify minimum qualifying component sub-score requirements to determine viable projects for further consideration.

NR 155.19(3)(b) (b) The department may consider minimum qualifying component sub-score requirements for the following project components:

NR 155.19(3)(b)1. 1. Fiscal accountability and cost effectiveness.

NR 155.19(3)(b)2. 2. Project evaluation and monitoring strategy.

NR 155.19(3)(b)3. 3. Local support and involvement.

NR 155.19(3)(b)4. 4. Consistency with department water basin priorities.

NR 155.19(4) (4) Multipliers for local implementation programs.

NR 155.19(4)(a) (a) The department shall increase the initial project score in accordance with this subsection if there is a local implementation program applicable to the project area. The result shall be the final project score.

NR 155.19(4)(b) (b) The department shall increase the initial project score in accordance with the following:

NR 155.19(4)(b)1. 1. The department shall multiply the initial project score by a factor of 1.1 if the applicant certifies to the department that it has a qualifying local implementation program in effect for the project area.

NR 155.19(4)(b)1.a. a. The applicant may certify that it has a qualifying local implementation program if it develops and implements a program to conduct the activities in this subd. 1. b. to d.

NR 155.19(4)(b)1.b. b. Implement a pollution prevention information and education program targeted for property owners and other residents.

NR 155.19(4)(b)1.c. c. Implement nutrient management for properties owned by the municipality or the Board of Regents.

NR 155.19(4)(b)1.d. d. Implement tracking and reporting to the department on construction site erosion and storm water management permit activity.

NR 155.19(4)(c) (c) The department may not increase the score of an urban project located in an area where a local implementation program does not meet the requirements under par. (b). In this case, the interim score shall be the final project score.

NR 155.19 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3) (a), (b) (intro.), r. (4) (d) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (4) (b) 1. c. Register April 2016 No. 724, eff. 5-1-16.

NR 155.20 NR 155.20 Project selection and funding.

NR 155.20(1) (1) Selection.

NR 155.20(1)(a) (a) The department shall place all of the projects scored in accordance with s. NR 155.19 on a statewide list in descending rank order according to the final project score. The department shall use the statewide ranked list, available budget and funding considerations in sub. (2) to select projects for funding.

NR 155.20(1)(b) (b) The projects shall be identified for funding by starting with the highest ranked projects on the statewide list and proceeding down the ranked list until available project funds have been allocated.

NR 155.20(1)(c) (c) Before November 1, the department shall select projects, based on the final project scores, for funding under this chapter for the following calendar year.

NR 155.20(1)(d) (d) After selecting projects for funding, the department shall notify applicants in writing of its intent to prepare grant documents for the selected projects.

NR 155.20(2) (2) Funding.

NR 155.20(2)(a) (a) The department shall, where practicable, issue grants to grantees by December 31 for work in the following calendar year. The department may limit grant awards based on the amount of funding available, the funding demand in any year and the factors in pars. (b) to (h).

NR 155.20(2)(b) (b) If the statewide application demand exceeds available funding, the department shall establish a maximum total amount of funding which a grantee may receive in multiple grant awards for the application year. This amount may not exceed 20 percent of the grant funds available in the grant year for projects funded under this chapter, or the amount established by the department under par. (c) for that grant year, whichever is greater.

NR 155.20(2)(c) (c) The department may establish a maximum grant award amount that any single project can receive in grant awards based upon the amount of funding available in that category of grants for that grant cycle and the amount of funding demand for that period.

NR 155.20(2)(d) (d) The department shall make adjustments to the requested grant amount if necessary to correct errors made by the applicant concerning eligibility of items for cost-sharing and errors in cost-share rates used in developing the application.

NR 155.20(2)(e) (e) The department may offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if funds are accepted.

NR 155.20(2)(f) (f) Prior to issuing a grant, the department may require submittal of an environmental hazards site assessment for projects involving excavation. The assessment shall be submitted on a form available from the department.

NR 155.20 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 155.20(2)(g) (g) If the department determines, following scoring, that a project may have unacceptable impacts on endangered, threatened, or wetland resources, historic places or historic properties, or that it may expose environmental hazards at the project location, it may do any of the following:

NR 155.20(2)(g)1. 1. Decide not to provide a grant for the project.

NR 155.20(2)(g)2. 2. Place a condition on a grant requiring that the grantee take specific actions or develop a plan to reduce or eliminate the impacts of the project.

NR 155.20(2)(h) (h) The department may deny a grant for a project that otherwise scores well enough to be funded if the applicant is or has been delinquent in meeting grant commitments for previously funded projects.

NR 155.20 Note Note: In addition, s. NR 154.04 (2) (k) states that all required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.

NR 155.20 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.

NR 155.21 NR 155.21 Runoff management grant agreement.

NR 155.21(1) (1) Purpose.

NR 155.21(1)(a) (a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or the Board of Regents for the purpose of implementing urban best management practices for a project selected under s. NR 155.20.

NR 155.21 Note Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents serves as a grantee in receiving funds from the department. A governmental unit may also serve as a provider of those funds to cost-share recipients such as landowners and land operators.

NR 155.21(1)(b) (b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit or the Board of Regents for the installation of a urban best management practice on land the governmental unit or Board of Regents owns or operates. The department may also may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit not having jurisdiction over the project area if the local government is required to control storm water discharges under s. 283.33, Stats., provided that inter-governmental agreements are in place, or will be put in place, as needed to assure the measure is installed and maintained. Runoff management grant agreements used in lieu of cost-share agreements shall comply with the requirements of s. NR 155.22.

NR 155.21 Note Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents receiving these funds serves as the grantee.

NR 155.21(2) (2) Grant period length.

NR 155.21(2)(a) (a) The department may set the grant period for up to 2 years, except that the department may approve an extension for one year. The start of the grant period shall be that specified on the signed grant award.

NR 155.21(2)(b) (b) To receive an extension, a grantee shall submit a written request to the department. The request shall meet all the following requirements:

NR 155.21(2)(b)1. 1. Be received by the department prior to the expiration of the grant period.

NR 155.21(2)(b)2. 2. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.

NR 155.21(2)(b)3. 3. Specify the reasons which necessitate the grant extension which were beyond the control of the grantee.

NR 155.21(3) (3) Local government responsibilities as a runoff management grantee and cost-share provider. The department shall require the governmental unit to do all of the following as conditions of receiving a runoff management grant when the governmental unit will use the grant funds to provide cost sharing to landowners and land operators.

NR 155.21(3)(a) (a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.

NR 155.21(3)(b) (b) Enter into cost-share agreements with eligible recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.

NR 155.21(3)(c) (c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in s. NR 155.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.

NR 155.21(3)(d) (d) Provide the department with verification of proper installation, operation and maintenance of urban best management practices for cost-share agreements for which it is the cost-share provider.

NR 155.21(3)(e) (e) Contact all landowners and land operators within the project area that are the target of technical assistance and cost-sharing under the grant.

NR 155.21(3)(f) (f) Participate with the department in project reviews.

NR 155.21(3)(g) (g) Enforce the terms and conditions of the cost-share agreement as described in s. NR 155.22.

NR 155.21(4) (4) Local government and Board of Regents responsibilities as a cost-share recipient. The department shall require the governmental unit and the Board of Regents to do all of the following as conditions of receiving a runoff management grant to perform work on lands the grant recipient owns, operates or otherwise controls in accordance with s. NR 155.13 (1) (b).

NR 155.21(4)(a) (a) Provide the department with verification of proper installation, operation and maintenance of urban best management practices for which it is the cost-share recipient.

NR 155.21(4)(b) (b) Prepare and maintain adequate fiscal management and technical assistance files as described in s. NR 155.29.

NR 155.21(4)(c) (c) Obtain prior written approval from the department for use of runoff management grant funds for urban best management practices installed on land owned or operated by the grantee.

NR 155.21(4)(d) (d) When installing urban best management practices, the grantee shall do all of the following:

NR 155.21(4)(d)1. 1. Submit to the department estimates of all practice costs, eligible costs, ineligible costs, cost-share rates and estimated total cost-share amount.

NR 155.21(4)(d)2. 2. Submit to the department a schedule of installation, operation and maintenance for the practices.

NR 155.21(4)(d)3. 3. Submit to the department copies of all professional service contracts, construction contracts, bid tabulations, force account proposals, designs, proposals, and other related information requested by the department.

NR 155.21(4)(d)4. 4. Repay the department the full amount of funds received if the grantee fails to fulfill any terms of the agreement, including failing to install, operate and properly maintain the practices included in the runoff management grant agreement or failure to evaluate or monitor the project in accordance with the provisions of the runoff management grant agreement.

NR 155.21(4)(d)5. 5. Submit an operation and maintenance strategy for the practices.

NR 155.21(4)(d)6. 6. Agree not to adopt any land use or practice that reduces the effectiveness or defeats the purposes of the urban best management practices.

NR 155.21(4)(d)7. 7. Comply with the requirements for cost-share agreements specified in s. NR 155.22.

NR 155.21(4)(d)8. 8. Provide financial support towards the implementation of a project including:

NR 155.21(4)(d)8.a. a. Arrange funding for staff support necessary to complete the project.

NR 155.21(4)(d)8.b. b. Arrange funding for the local share of any urban best management practice the grantee installs on property it owns or controls.

NR 155.21(5) (5) Other grant provisions.

NR 155.21(5)(a) (a) The period in which cost-share agreements may be signed through the runoff management grant agreement may not extend beyond the runoff management grant period. For urban best management practices to be eligible for cost-sharing the runoff management grant agreement shall be signed prior to entering into a cost-share agreement.

NR 155.21(5)(b) (b) The grantee may use runoff management grant funds to cover reasonable expenses necessary to secure refunds, rebates or credits described in s. NR 155.28 (3) when approved by the department.

NR 155.21(5)(c) (c) The grantee may use runoff management grant funds to acquire easements or acquire land as provided for in s. NR 155.25.

NR 155.21(5)(d) (d) The department may unilaterally reduce the runoff management grant to the amount necessary to meet budgetary limitations. The runoff management grant may not be reduced below the amount the grantee has committed in signed cost-share agreements and contracts.

NR 155.21(5)(e) (e) The runoff management grant amount may be reduced by the department if the grantee has not met all conditions of the grant or grant amendment or has not expended all of the previously awarded funds by the end of the project period, or if the grantee fails to meet a schedule included in the grant for interim work products. The grantee shall provide an estimate of unexpended grant funds at the request of the department.

NR 155.21 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (2) (a), (b) (intro.), (4) (d) 3., cr. (2) (b) 3. Register December 2010 No. 660, eff. 1-1-11; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; 2015 Wis. Act 330 s. 20: am. (1) (a), (b), (4) (intro.) Register April 2016 No. 724, eff. 5-1-16.

NR 155.22 NR 155.22 Cost-share agreement.

NR 155.22(1) (1) Purpose of agreement.

NR 155.22(1)(a) (a) The cost-share agreement is an agreement listing the urban best management practices and establishing the conditions and considerations under which a cost-share recipient agrees to install the practices listed.

NR 155.22(1)(b) (b) A local governmental unit shall use the cost-share agreement if serving as a cost-share provider to a landowner or land operator.

NR 155.22(1)(c) (c) For urban best management practices to be eligible for cost-sharing, the cost-share agreement shall be signed by the cost-share provider and cost-share recipient before urban best management practice installation is initiated.

NR 155.22(2) (2) Parties to the agreement.

NR 155.22(2)(a) (a) The cost-share agreement shall be between the governmental unit and the individual landowner or land operator. Agreements with land operators shall be co-signed by the landowner.

NR 155.22(2)(b) (b) Governmental units, as cost-share agreement providers, shall enter into cost-share agreements only during the period specified in the runoff management grant agreement.

NR 155.22(2)(c) (c) The cost-share agreement applies to all contiguous sites under the same ownership. At the discretion of the governmental unit, the cost-share agreement may also apply to noncontiguous sites under the same ownership or operation in the watershed. In this paragraph, “contiguous” means touching or sharing a common boundary with a second parcel of land. A lake, river, stream, road, railroad or utility right of way that separates any part of the parcel from any other part does not render the parcel of land noncontiguous.

NR 155.22(2)(d) (d) A cost-share agreement may not be signed with an individual whose name appears on the statewide support lien docket under s. 49.854 (2) (b), Stats., unless the individual submits to the provider a payment agreement that has been approved by the county child support agency under s. 59.53 (5), Stats., and that is consistent with rules promulgated under s. 49.858 (2) (a), Stats.

NR 155.22(3) (3) Content of the agreement. The cost-share agreement shall contain or describe: