NR 153.22(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 153.22(3)(a)(a) The name and address of the cost-share recipient.

NR 153.22(3)(b)(b) The 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 best management practices listed on the cost-share agreement be implemented and maintained as a condition of the agreement.

NR 153.22(3)(c)(c) The estimated total practice cost, cost-share rate and estimated cost-share amount.

NR 153.22(3)(d)(d) The installation schedule for applying the cost-shared practices. The cost-share agreement shall also require that the cost-share recipient comply with state performance standards and prohibitions for existing cropland practices and livestock facilities that do not require cost sharing under s. NR 151.09 or 151.095. The cost-share provider may limit this requirement to significant pollution sources with prior approval from the department.

NR 153.22(3)(e)(e) A statement of maintenance requirements.

NR 153.22(3)(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 runoff management grant agreement. This includes a prohibition against any change in land use or management of a cropland practice or livestock facility that leads to non-compliance with state performance standards and prohibitions for a parcel where continuing compliance with a state standard or prohibition is required under s. NR 151.09 (3) (b) or 151.095 (4) (b). This also requires meeting performance standards and prohibitions, without regard to cost sharing, for all new cropland practices and livestock facilities. If such 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 153.22(3)(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 153.22(3)(h)(h) 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 153.22(3)(i)(i) A provision describing the procedure for amendment.

NR 153.22(3)(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 recording of the cost-share agreement is required under sub. (10).

NR 153.22(3)(L)(L) 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 153.22(3)(m)(m) A statement that any loss of cost sharing that results from a cost-share recipient’s failure to abide by the conditions of the cost-share agreement does not void the notice issued under s. NR 151.09, 151.095, or 243.24.

NR 153.22(3)(n)(n) A statement that partial or full release from the cost-share agreement in accordance with this section does not void the notice issued under s. NR 151.09, 151.095, or 243.24.

NR 153.22 NoteNote: 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, best management practices must be maintained in perpetuity to comply with performance standards under ch. NR 151. Under ch. NR 151, cost sharing must only be made available once to bring a specific nonpoint source into compliance with the performance standard. Continued cost sharing is not required to be made available and long-term compliance with performance standards is the responsibility of the landowner or operator, heirs or subsequent owners or operators. Chapters NR 151 and ATCP 50 identify when cost sharing is considered to be available for purposes of required compliance with performance standards.

NR 153.22(3)(o)(o) A statement that the cost-share recipient agrees to provide information related to cost sharing and work performed under other federal, state, and local grant programs, if required by the cost share provider to meet the reporting requirements of this chapter.

NR 153.22(3)(p)(p) The cost-share recipient shall allow the governmental unit to conduct an inventory of the entire farm for compliance with state performance standards and prohibitions as a condition of cost-share eligibility.

NR 153.22(4)(4) 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 153.22(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 best management practice not in conformance with the cost-share agreement, the runoff management grant agreement or the project grant application.

NR 153.22(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 153.22(6)(b)(b) For purposes of complying with the cost-share agreement, the operation and maintenance period for a best management practice begins when the 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 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 153.22(6)(b)1.1. Except if required as a component of another practice, the following practices are required under the cost-share agreement to meet the maintenance requirement only during the years for which cost sharing is received:

NR 153.22(6)(b)2.2. If a practice in subd. 1. is required as a component of another practice in ch. NR 154, the operation and maintenance period for the component practice shall be the same as the operation and maintenance period for the practice for which it is required.