NR 155.23(4)(4) Governmental units that contract with an outside consultant to perform services under a local assistance grant shall, at a minimum, use a quality-based selection approach and interview firms with proven experience in the field of storm water planning. All contracts shall be subject to approval by the departmental project manager, with respect to reimbursement eligibility, technical standards, and storm water permitting requirements. NR 155.23 HistoryHistory: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. (1) (f), cr. (3), (4) Register December 2010 No. 660, eff. 1-1-11. NR 155.25(1)(1) Eligible activities. The department may provide funding to a governmental unit holding a runoff management grant agreement under s. NR 155.21 to perform any of the following: NR 155.25(1)(a)(a) Acquire land in fee or an easement identified in the grant application for the construction of a structural urban best management practice. NR 155.25(1)(b)(b) Acquire land in fee or an easement identified in the grant application for land which is contributing or will contribute nonpoint source pollution. This includes property acquisition to support best management practices such as critical area stabilization, riparian buffers, wetland restoration, and the abandonment or relocation of livestock and livestock facilities. NR 155.25(2)(2) Mutual agreement and duration. The landowner and the department must mutually agree to the conducting of an appraisal. Easements, including donated conservation easements, shall be acquired for perpetuity. NR 155.25(3)(3) Donated easements. The department may authorize, in writing, any governmental unit, qualified non-profit organization or person to use grant funds under this chapter to enter into easements or accept a donated conservation easement consistent with the eligibility provision of the approved grant application and runoff management grant. Upon acceptance of a donated easement under s. NR 154.03 (2) (c), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement. NR 155.25(4)(a)(a) A governmental unit requesting runoff management grant funds under this section for the acquisition of property in fee or an easement shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the runoff management grant application or grant amendment request. NR 155.25(4)(b)(b) The acquisition proposal for fee title or easement shall include all of the following: NR 155.25(4)(b)1.1. A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the project for which the grant is applied. NR 155.25(4)(b)2.2. A copy of the appropriate county, township, topographic, and local land use planning maps showing the proposed acquisition. NR 155.25(4)(b)3.3. A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts. NR 155.25(4)(c)(c) For fee title acquisition, the following additional information is required as part of the acquisition proposal: NR 155.25(4)(c)1.1. A description of the land management plan for the property including a list of any owner-occupants or tenants that occupy the buildings or land to be acquired, a general time frame for project completion, and a description of how long-term management will be provided. Identification of other governmental units that will be involved in management and their respective roles shall also be included. NR 155.25(4)(c)2.2. An estimate of overall acquisition and annual maintenance costs, including the number of parcels and acres to be acquired which notes the number of improved parcels involved. NR 155.25(5)(a)(a) Governmental units shall acquire and manage property acquired with a runoff management grant in accordance with all applicable local, state and federal laws and regulations. NR 155.25(5)(b)(b) After approval of the acquisition proposal and receipt of a grant from the department, a governmental unit shall obtain an appraisal for each property. NR 155.25(5)(b)1.1. All appraisals shall be subject to department review and approval. NR 155.25(5)(b)2.2. After it has received approval from the department, the governmental unit may act on the appraisal. NR 155.25(5)(b)3.3. All appraisals shall be conducted by a certified or licensed appraiser as described in ch. 458, Stats., and chs. SPS 85 to 86. NR 155.25(5)(b)4.4. All acquisitions with a fair market value of more than $350,000 shall require 2 appraisals. The department may require a second appraisal for property valued under $350,000 if the department finds that the property presents a difficult appraisal problem or if the first appraisal is unacceptable. NR 155.25(5)(c)(c) Property may be purchased only from willing sellers. The governmental unit shall provide the seller with a just compensation statement, which identifies the fair market value of the property, as determined by an appraiser meeting the requirements listed in par. (b) 3. and which describes the benefits due to the seller in exchange for the transfer of the seller’s property. NR 155.25(5)(e)(e) Property acquired with a runoff management grant shall be maintained and managed in accordance with the provisions, conditions, and scope description in the grant contract. NR 155.25(5)(f)(f) A governmental unit may receive funds under this chapter for property acquired prior to entering into a runoff management grant agreement, provided that the governmental unit has received written approval from the department prior to purchasing the targeted property. The governmental unit shall submit a written statement to the department, which explains the special circumstances justifying the need to acquire the property at that time. Prior to runoff management grant reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with par. (b). NR 155.25(5)(g)(g) The governmental unit shall record in the office of the register of deeds for each county in which property is located the deed which vests title or a property interest in the governmental unit and which references the interest of the state of Wisconsin in the property under the terms of the grant contract. NR 155.25(6)(a)(a) The maximum allowable state cost-share rate for the acquisition of property under this chapter is 50 percent. NR 155.25(6)(b)(b) The cost share rate shall be applied to the lesser of the following 2 amounts: NR 155.25(6)(b)2.2. The certified appraisal value as determined by the department and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and assessments. Reasonable costs do not include attorney’s fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in this subdivision. NR 155.25(6)(c)(c) The department may not reimburse acquisition costs related to purchase of the property until the property acquisition has been completed. NR 155.25(7)(7) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition: NR 155.25(7)(a)(a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality. NR 155.25(7)(b)(b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands, or natural beauty. NR 155.25(7)(c)(c) The degree to which the acquisition of the property would complement other watershed management efforts. NR 155.25(7)(d)(d) In cases where the acquisition will prevent further degradation of water quality, that acquisition is cost-effective relative to the degree of threat of further degradation to the site. NR 155.25 HistoryHistory: 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; correction in (5) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (5) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724. NR 155.26NR 155.26 Local assistance grant agreement. NR 155.26(1)(1) The local assistance grant agreement is an agreement between the department and the Board of Regents or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this section. A local assistance grant awarded under this section may be used for local project activities determined by the department to satisfy the requirements of s. 281.66, Stats. NR 155.26(2)(2) All water tests that require laboratory analyses and which are part of the project shall be analyzed by a laboratory certified in accordance with ch. NR 149. In the event there is no certification available for the analyses to be conducted, the department shall approve the selection of a laboratory. NR 155.26(3)(3) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval. NR 155.26(4)(4) No local assistance grant may be made for a project under this chapter before the project has been selected by the department. NR 155.26(5)(5) The grantee shall apply for local assistance grant funds using the application process under s. NR 155.17. NR 155.26(6)(6) If a governmental unit or the Board of Regents contracts with a government agency or person to provide field, administrative, planning or other services to carry out activities of the local assistance grant agreement, the contract shall be submitted to the department for review and approval prior to signing. NR 155.26(7)(7) The 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 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 funds at the request of the department. NR 155.27(1)(1) Profits. Only fair and reasonable profits may be earned by contractors for contracts under grants described in this chapter. Profits included in a formally advertised, competitively bid, fixed price construction contract is presumed to be reasonable. NR 155.27(2)(2) Responsibility. The governmental unit and Board of Regents shall administer and successfully complete activities for which grant assistance under this chapter is awarded in accordance with sound business judgment and good administrative practice under state and local laws. NR 155.27(3)(3) General requirements for contracts. Contracts shall be all of the following: NR 155.27(3)(a)(a) Necessary for and directly related to the accomplishment of activities necessary for the activity listed on the grant or grant amendment. NR 155.27(3)(b)(b) In the form of a bilaterally executed written agreement for any professional services or construction activities. NR 155.27(4)(a)(a) A governmental unit or the Board of Regents shall secure prior written approval from the department for use of the force account method in lieu of contracts for any professional services or construction activities. NR 155.27(4)(b)(b) The department shall approve the use of force account work if the governmental unit or Board of Regents demonstrates to the department’s satisfaction that the governmental unit or Board of Regents has the necessary competence required to accomplish the work and that the work can be accomplished more economically by the use of the force account method. NR 155.27(4)(c)(c) The force account reimbursement for design and construction services shall be based on the actual cost of services provided and departmental reimbursement for such costs may not exceed 5 percent of the total project reimbursement when bond-sourced funds are used. NR 155.27 HistoryHistory: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3) (b), r. and recr. (4), r. (5) Register December 2010 No. 660, eff. 1-1-11; 2015 Wis. Act 330 s. 20: am. (2), (4) (a), (b) Register April 2016 No. 724, eff. 5-1-16. NR 155.28NR 155.28 Grant reimbursement procedures. NR 155.28(1)(a)(a) State cost-share funds may be used to share in the actual cost required for the installation of eligible urban best management practices identified in runoff management grant agreements described in s. NR 155.21. NR 155.28(1)(b)(b) Governmental units and the Board of Regents shall comply with the following procedures when requesting reimbursement: NR 155.28(1)(b)1.1. Reimbursement requests shall be submitted on forms provided by the department. NR 155.28 NoteNote: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921 – CFA/8, Madison, Wisconsin 53707.
NR 155.28(1)(b)2.2. All reimbursement requests shall be submitted to the department within the time frame established in the grant agreement. Payments for reimbursement requests submitted after the deadlines established in the grant agreement or grant amendment shall be subject to the availability of state funds and to financial commitments made to other grantees by the department. NR 155.28(1)(b)2.a.a. Final reimbursement requests for runoff management grants shall be submitted to the department after the urban best management practice has been verified as properly installed and its cost has been substantiated by the documentation required by the department. NR 155.28(1)(b)2.b.b. The grantee may submit a reimbursement request for a partially installed urban best management practice with approval from the department. In making its reimbursement decision, the department shall consider the level of pollution control provided by the completed component and the component’s structural and functional relationship to other components of the urban best management practice. NR 155.28(1)(b)2.c.c. The department may deny reimbursement if a cost-share agreement or amendment is not in accordance with the project application or the runoff management grant agreement. NR 155.28 NoteNote: Cost-share calculation and practice verification forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 155.28(1)(b)3.3. Progress reports required by the department shall accompany each reimbursement request. A project final report shall be submitted on forms available from the department and shall accompany the final reimbursement request. NR 155.28 NoteNote: 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 155.28(1)(b)4.4. Reimbursements may not exceed the grant budget line for that practice, unless amended. NR 155.28(1)(b)5.5. The department in the scope of the grant agreement may further specify eligible costs, reimbursement amounts and reimbursement filing deadlines. NR 155.28(1)(b)6.6. Failure to submit reports on schedule may result in withholding of grant payments. NR 155.28(1)(b)7.7. The department shall deny reimbursements requested for installed practices that are not included in a cost-share agreement or enumerated as a grantee-installed practice on the grant agreement or otherwise authorized by this chapter. Reimbursement for local assistance expenses shall be limited to those activities identified as a grant budget line item or specifically enumerated in the grant agreement scope. NR 155.28(2)(a)(a) State funds may be used to share in the actual costs expended by the governmental unit and Board of Regents for eligible activities identified in local assistance grant agreements. NR 155.28(2)(b)(b) Governmental units and state agencies shall comply with the reimbursement procedures listed under sub. (1). NR 155.28(3)(a)(a) Grant payments under this chapter to a governmental unit or the Board of Regents are contingent on the availability of funding. NR 155.28(3)(b)(b) The department may remove an authorized activity from a grant if there has been substantial nonperformance of the project work by the grantee or the grantee has not met the conditions in the grant or grant amendment. NR 155.28(3)(c)(c) The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department. NR 155.28(3)(d)(d) The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated “final payment request” and department verification of the grantee’s compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release.
