NR 120.13(3)(3)Parties to the agreement.
NR 120.13(3)(a)(a) The cost-share agreement shall be between the participating grantee and the individual landowner or landowners if joint owners, land operator or state agency. Agreements with land operators shall be co-signed by the landowner except in instances where the cost-share agreement contains no other practices than those enumerated in sub. (6) (c) 2. If other practices are included in a cost-share agreement amendment, the landowner shall co-sign the amendment.
NR 120.13(3)(b)(b) Governmental units, as cost-share agreement grantors, shall enter into cost-share agreements only during the period specified in the nonpoint source grant.
NR 120.13(3)(c)(c) The cost-share agreement shall apply 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.
NR 120.13(4)(4)Content of the agreement. The cost-share agreement shall contain or describe:
NR 120.13(4)(a)(a) The name and address of the cost-share recipient.
NR 120.13(4)(b)(b) The best management practices cost-shared and not cost-shared to be applied and the cost-share rates for the practices to be cost-shared.
NR 120.13(4)(c)(c) The estimated total practice cost, cost-share rate and estimated cost-share amount.
NR 120.13(4)(d)(d) The installation schedule for applying the practices. For sites that meet the critical sites criteria, implementation shall begin within 18 months and be completed within 4 years following the effective date of the cost-share agreement.
NR 120.13(4)(e)(e) A statement of maintenance requirements.
NR 120.13(4)(f)(f) A prohibition against adopting any land use or practice which defeats the purposes of the best management practices, the cost-share agreement or the nonpoint source grant agreement.
NR 120.13(4)(g)(g) A provision stating that the governmental unit shall provide appropriate technical assistance during the required operation and maintenance period of the best management practices.
NR 120.13(4)(h)(h) A provision that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor.
NR 120.13(4)(i)(i) A provision describing the procedure for amendment.
NR 120.13(4)(j)(j) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if cost share payments may exceed $10,000.
NR 120.13(4)(k)(k) A prohibition against any significant 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 to produce a significant increase in pollutant loading to surface water or groundwater counter to the water resource objectives of the approved watershed plan. If a significant change in land use or management occurs, the landowner or land operator shall control the source at his or her own expense or return any cost-sharing funds awarded through the cost-share agreement to the grantor.
NR 120.13(4)(L)(L) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only when they are consistent with watershed project objectives.
NR 120.13(4)(m)(m) A requirement for annual progress in pollutant reduction may be imposed by the governmental unit on the landowner of a critical site, subject to availability of cost-sharing funds.
NR 120.13(4m)(4m)Department approval. The governmental unit shall obtain prior department approval when the total cost-share agreement amount, including amendments, exceeds $50,000 in state share. The department shall consider the cost-effectiveness of the best management practices and eligibility for cost-sharing under this chapter in making its decision whether to grant approval.
NR 120.13(5)(5)Submittal to department. 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 best management practice not in conformance with the cost-share agreement, the nonpoint source grant agreement or the priority watershed plan.
NR 120.13(6)(6)Agreement period.
NR 120.13(6)(a)(a) The cost-share agreement period shall be the period from the cost-share agreement signing through 10 years after the last practice is installed, unless all practices in the agreement are those identified in par. (c) 2., in which case the agreement shall end when cost-sharing ceases.
NR 120.13(6)(b)(b) The period during which practices on a signed cost-share agreement may be installed may not extend beyond the grant period of the nonpoint source grant agreement for the watershed project.
NR 120.13(6)(c)(c) Unless otherwise provided for in this paragraph, the operation and maintenance period for both cost-shared and not cost-shared best management practices shall begin when the practice is installed and shall end at least 10 years past the installation date for the last practice on the agreement.
NR 120.13(6)(c)1.1. The operation and maintenance period shall be a minimum of 15 years if a payment is made under s. NR 120.18 (1) (f) 2.
NR 120.13(6)(c)2.2. Except if required as a component of another practice, the following practices are exempt from the multi-year operation and maintenance period requirement and only need to be maintained during the years for which cost-sharing is received:
NR 120.13(6)(c)2.a.a. High residue management systems.
NR 120.13(6)(c)2.b.b. Nutrient management.
NR 120.13(6)(c)2.c.c. Pesticide management.