NR 153.22(6)(b)1.a. a. High residue management systems.

NR 153.22(6)(b)1.b. b. Nutrient management.

NR 153.22(6)(b)1.c. c. Pesticide management.

NR 153.22(6)(b)1.d. d. Cropland protection cover or green manure.

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.

NR 153.22 Note Note: Cost-share agreement operation and maintenance periods are conditions of cost-sharing. Violation of operation and maintenance requirements of cost-share agreements may result in recovery of cost-share payments received by the cost-share recipient. There is a separate requirement under ch. NR 151 that once a cropland practice or livestock facility is brought into compliance with performance standards and prohibitions, compliance must be maintained in perpetuity.

NR 153.22(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, 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 153.22 Note Note: Under s. NR 153.22 (3) (m), loss of cost sharing that results from failure to fulfill the agreement does not void the notice issued under s. NR 151.09, 151.095, or 243.24.

NR 153.22(8) (8) Ineffective practices.

NR 153.22(8)(a) (a) If the practice becomes ineffective either during the grant period of the runoff management grant agreement or during the operation and maintenance period 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 replacement of the practice.

NR 153.22(8)(b) (b) An appropriate operation and maintenance period for the replacement practice shall be identified in the cost-share agreement.

NR 153.22(9) (9) Change in ownership. If a change in ownership occurs during the cost-share agreement period or during the operation and maintenance period of a practice, 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 best management practices provided that an equal or greater level of pollution control is achieved.

NR 153.22(10) (10) Recording of cost-share agreements with register of deeds.

NR 153.22(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 if the cost-share agreement includes a riparian buffer, or payments under s. NR 154.03 (1) (i) 3., or if the total cost-share agreement amount exceeds the following:

NR 153.22(10)(a)1. 1. $10,000 prior to January 1, 2005.

NR 153.22(10)(a)2. 2. $12,000 after December 31, 2004 and prior to January 1, 2010.

NR 153.22(10)(a)3. 3. $14,000 after December 31, 2009.

NR 153.22(10)(b) (b) The governmental unit shall record these documents prior to making reimbursements to the landowner or land operator.

NR 153.22(10)(c) (c) A cost-share agreement may be exempt from the recording requirement if the cost-share agreement contains no other practices than the following:

NR 153.22(10)(c)1. 1. Contour farming.

NR 153.22(10)(c)2. 2. Contour and field strip-cropping.

NR 153.22(10)(c)3. 3. Cropland protection cover or green manure.

NR 153.22(10)(c)4. 4. High residue management.

NR 153.22(10)(c)5. 5. Nutrient management.

NR 153.22(10)(c)6. 6. Pesticide management.

NR 153.22(11) (11) Release of property from obligations of cost-share agreements. At the request of the cost-share recipient, a governmental unit may fully or partially release a property from the obligations of the cost-share agreement provided that the governmental unit has determined that the best management practices installed on the property will be maintained or replaced with practices which will not increase the pollutant loading to surface water or groundwater counter to the water resource objectives of the grant application. If state dollars in excess of the amounts enumerated under sub. (10) (a) have been expended for best management practices that are located on the property to be released, the governmental unit shall obtain written approval from the department before releasing the property from the obligations of the cost-share agreement. The release form shall be obtained from the department and filed with the cost-share agreement.

NR 153.22 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 153.22 Note Note: Under s. NR 153.22 (3) (n), any release granted under this subsection does not void the notice issued under s. NR 151.09, 151.095, or 243.24.

NR 153.22(12) (12) Satisfaction of cost-share agreements. At the request of the cost-share recipient, the governmental unit may issue a certificate of satisfaction provided the governmental unit has determined that the cost-share recipient has met all of the obligations of the cost-share agreement, including the operation and maintenance period. The satisfaction shall be documented on a form provided by the department and filed with the cost-share agreement. For cost-share agreements recorded with the register of deeds under sub. (10), the satisfaction form shall be recorded in the office of the register of deeds for each county in which the property is located.