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.

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 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (a), (3) (d), (f), (j), (m), (n), (6) (b) 1. (intro.), (7), (8) (a), (9), (11), r. (3) (k), cr. (3) (o), (p), (12) Register December 2010 No. 660, eff.1-1-11.

NR 153.23 NR 153.23 Cost containment.

NR 153.23(1) (1) Governmental units as providers of cost-share agreements shall identify and agree to use one or more of the following cost containment procedures for each best management practice identified in the runoff management grant agreement.

NR 153.23(1)(a) (a) Average cost. Based on past cost information, a governmental unit determines an average cost per unit of materials and labor for the installation of a best management practice which may not be exceeded. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.

NR 153.23(1)(b) (b) Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a best management practice. Eligible costs may not exceed the maximum cost of the range. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.

NR 153.23(1)(c) (c) Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a best management practice. The cost-share payment shall be calculated based on the lowest bid meeting acceptable qualifications. The governmental unit shall identify criteria for determining acceptable qualifications. The landowner or land operator may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.

NR 153.23(1)(d) (d) Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in ch. NR 154 for installation of a best management practice.