NR 155.15(1)(a)(a) The department may provide cost sharing for the construction of urban best management practices to abate urban runoff. Design and construction services are included as eligible components of the construction or implementation of the urban best management practice. State and local administrative permit fees are not reimbursable as part of the construction cost. NR 155.15 NoteNote: Although local administrative fees are not reimbursable, the department may reimburse governmental units for design and construction services subject to the limitations of s. NR 155.27 (4). NR 155.15(1)(b)(b) Urban best management practices are eligible for cost-sharing when used to: NR 155.15(1)(b)1.1. Stabilize stream banks and shorelines in areas under subds. 2. to 7. as necessary to filter or infiltrate urban runoff or to reduce sediment pollution caused by stream bank erosion. NR 155.15(1)(b)2.2. Abate urban runoff from an area with a population of 1,000 or more per square mile. NR 155.15(1)(b)3.3. Abate urban runoff from commercial land uses such as strip commercial, office parks, shopping centers and downtown commercial. NR 155.15(1)(b)4.4. Abate urban runoff from government, institutional, transportation and recreational land uses where the land uses contain source areas that generate above average urban runoff volumes, peak flows or pollutant loading. NR 155.15(1)(b)5.5. Abate urban runoff from manufacturing and non-manufacturing industrial land uses owned or operated by a governmental unit or the Board of Regents, including sites requiring coverage under subch. II of ch. NR 216. NR 155.15(1)(b)6.6. Abate urban runoff from industrial land uses that are not owned or operated by a municipality or the Board of Regents, but only those source areas within these industrial land uses that are not considered to be associated or contaminated by industrial activity, as defined under subch. II of ch. NR 216. NR 155.15(1)(b)7.7. Abate urban runoff from areas geographically surrounded by areas described in subds. 2. to 6. NR 155.15(1)(c)(c) Eligible costs include land acquisition, easements, storm sewer rerouting and removal of structures and associated flood management necessary to implement structural urban best management practices. NR 155.15(1)(d)(d) An urban best management practice shall be included in ch. NR 154 or be available in accordance with the technical standards development and dissemination requirements of subch. V of ch. NR 151 to be considered eligible for cost sharing under this chapter. NR 155.15(1)(e)(e) An urban best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, ch. NR 154, in a document identified or developed by a state agency in accordance with subch. V of ch. NR 151 or a runoff management grant agreement in order to be considered eligible for cost sharing under this chapter. NR 155.15 NoteNote: Standards developed by the department are available from the department at (608) 267-7694.
NR 155.15(1)(f)(f) An urban best management practice shall be included as an eligible item for cost sharing on a runoff management grant agreement, signed by the department and the governmental unit or the Board of Regents in order to be considered eligible for cost sharing under this chapter. NR 155.15(1)(g)(g) If a cost-share agreement is required, the urban best management practice shall be included as an eligible item on the cost-share agreement, signed by the governmental unit and a landowner or land operator in order to be considered eligible for cost sharing under this chapter. NR 155.15(1)(h)(h) Urban best management practice costs shall meet requirements for use of bond-sourced funding to be eligible for funding from the appropriation under s. 20.866 (2) (th), Stats. 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)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.