Chapter NR 155

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:

NR 155.22(3)(a) (a) The name and address of the cost-share recipient.

NR 155.22(3)(b) (b) The urban best management practices to be applied and the cost-share rates for those practices that are to be cost shared. The cost-share agreement shall require that all cost-shared urban best management practices be implemented and maintained as a condition of the agreement.

NR 155.22(3)(c) (c) The estimated total practice cost, cost-share rate and estimated cost-share amount.

NR 155.22(3)(d) (d) The installation schedule for applying the practices.

NR 155.22(3)(e) (e) A statement of operation and maintenance requirements.

NR 155.22(3)(f) (f) A prohibition against adopting any land use or practice which defeats the purposes of the urban best management practices, the cost-share agreement or the runoff management grant agreement.

NR 155.22(3)(g) (g) A stipulation that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor.

NR 155.22(3)(h) (h) A provision describing the procedure for amendment.

NR 155.22(3)(i) (i) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land.

NR 155.22(3)(j) (j) A prohibition against any change in land use or management on the entire property described on the cost-share agreement which may cause sources which were adequately managed at the time of cost-share agreement signing, including compliance with performance standards under ch. NR 151 to produce a significantly increased pollutant loading to surface water or groundwater.

NR 155.22(3)(j)1. 1. If a change in land use or management occurs, the landowner or land operator shall control the source at the landowner or land operator’s own expense or return any cost-sharing funds awarded through the cost-share agreement to the provider.

NR 155.22(3)(j)2. 2. Increases in urban pollutant loading resulting from the conversion of land to urban land cover may not be considered significant if the land development or redevelopment activity meets the non-agricultural and transportation performance standards in subchs. III and IV of ch. NR 151.

NR 155.22(3)(k) (k) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only if they are consistent with the project grant application.

NR 155.22 Note Note: Compliance with conditions in a cost-share agreement does not assure compliance with performance standards under ch. NR 151. For example, the operation and maintenance period for purposes of cost sharing is 10 years for most practices. However, compliance with non-agricultural and transportation performance standards under ch. NR 151 must be maintained in perpetuity.

NR 155.22(4) (4) Department approval. The governmental unit shall obtain prior department approval of the cost share agreement. The department shall consider the cost-effectiveness of the urban best management practices and eligibility for cost sharing under this chapter in making its decision whether to grant approval.

NR 155.22(5) (5) Submittal to department. Unless required otherwise under sub. (4), the cost-share agreement provider shall submit a copy of the cost-share agreement and amendments to the department within 30 days of execution. The department may deny reimbursement to the governmental unit for costs associated with the installation of a urban best management practice not in conformance with the cost-share agreement, the runoff management grant agreement and the project grant application.

NR 155.22(6) (6) Agreement period. The cost-share agreement period shall be the period from the cost-share agreement signing to the end of the operation and maintenance period.

NR 155.22(6)(a) (a) The period during which practices in a signed cost-share agreement may be installed may not extend beyond the period of the runoff management grant agreement for the project.

NR 155.22(6)(b) (b) For purposes of complying with the cost-share agreement, the operation and maintenance period for an urban best management practice begins when the urban best management practice installation is complete and ends after the required operation and maintenance period has expired. The operation and maintenance period for each cost-shared and not cost-shared urban best management practice shall last for a minimum of 10 years except that the operation and maintenance period shall last for a minimum of 15 years if a payment is made under s. NR 154.03 (1) (i) 3.

NR 155.22(7) (7) Failure to fulfill agreement. If the cost-share recipient fails to fulfill any terms of the cost-share agreement, including failing to install, operate and properly maintain the practices of the agreement, the full amount of cost-shared funds received by the cost-share recipient shall be repaid to the governmental unit which is the provider of the agreement. The provider shall forward the repayment to the department.

NR 155.22(8) (8) Ineffective practices. If the practice becomes ineffective either during or beyond the grant period of the runoff management grant agreement for the project and the reason for the practice becoming ineffective is beyond the control of the cost-share recipient, the department may award a new grant agreement or amend and extend the existing runoff management grant agreement to cost share the maintenance or replacement of the practice.

NR 155.22(8)(a) (a) The department may not provide cost sharing for the maintenance or replacement of a practice more than once.

NR 155.22(8)(b) (b) An appropriate operation and maintenance period for the replacement practice shall be identified in the cost-share agreement.

NR 155.22(9) (9) Change in ownership. If a change in ownership occurs during the cost-share agreement period, the new landowner shall be responsible for fulfilling all conditions of the cost-share agreement. Upon receiving written approval from the respective local governmental unit, the new landowner may implement alternative approved urban best management practices provided that an equal or greater level of pollution control is achieved.

NR 155.22(10) (10) Recording of cost-share agreements with register of deeds.

NR 155.22(10)(a) (a) The governmental unit shall record the cost-share agreement and its amendments in the office of the register of deeds for each county in which the property is located.

NR 155.22(10)(b) (b) The governmental unit shall record these documents prior to making reimbursements to the landowner or land operator.