NR 120.186(3)(h) (h) Property acquired with a nonpoint source grant shall be maintained and managed in accordance with the provisions, conditions and scope description in the grant contract.

NR 120.186(3)(i) (i) A governmental unit may be allowed to acquire property prior to entering into a nonpoint source grant agreement, provided that the governmental unit has received written approval of the department prior to purchasing the targeted property. The governmental unit shall submit a written statement to the department which explains the special circumstances justifying the need to acquire the property at that time. Prior to nonpoint source grant agreement reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with pars. (b) to (e).

NR 120.186(3)(j) (j) The governmental unit shall record in the office of the register of deeds for each county in which the property is located the deed which vests title or a property interest in the governmental unit and which references the interest of the state of Wisconsin in the property under the terms of the grant contract.

NR 120.186(4) (4) State cost-share rate. The maximum allowable state cost-share rate for the acquisition of property under this chapter shall be 50% of the acquisition cost of the property. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, “acquisition cost” means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and audits. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection.

NR 120.186(5) (5) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:

NR 120.186(5)(a) (a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.

NR 120.186(5)(b) (b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands or natural beauty.

NR 120.186(5)(c) (c) The degree to which the acquisition of the property would complement other watershed management efforts.

NR 120.186(5)(d) (d) The level of financial support by the governmental unit.

NR 120.186(5)(e) (e) In cases where the acquisition will prevent further degradation of water quality, that the acquisition is cost-effective relative to the degree of threat of further degradation to the site.

NR 120.186 History History: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; correction in (3) (d), (g) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.

NR 120.19 NR 120.19 Cost containment procedures.

NR 120.19(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 120.19(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 120.19(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 120.19(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 may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.

NR 120.19 Note Note: The department suggests the following bidding procedures:

NR 120.19 Note •   The governmental unit shows the proposed construction site to all prospective bidders on the same day and at the same time.

NR 120.19 Note •   There are at least 3 qualified bidders.

NR 120.19 Note •   All bids are sealed and delivered by a bid deadline to a location specified by the governmental unit.

NR 120.19 Note •   Bids are opened within 2 weeks after the bid deadline.

NR 120.19 Note •   The amount of the cost-share grant is based on the lowest qualified bid.

NR 120.19 Note •   The landowner selects a higher bidding contractor only if the landowner agrees to pay the difference.

NR 120.19 Note •The landowner may not select a contractor who did not bid.

NR 120.19(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.

NR 120.19(1)(e) (e) Municipal work group. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.

NR 120.19(1)(f) (f) Wisconsin conservation corps. A governmental unit uses the Wisconsin conservation corps to install best management practices for landowners and land operators.

NR 120.19(1)(g) (g) Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.

NR 120.19(2) (2) The cost-containment procedures in this subsection shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners installing best management practices: