NR 153.15(2)(y) (y) Best management practices to correct overtopping caused by mismanagement of a manure storage facility.

NR 153.15(2)(z) (z) Maintaining existing grass cover.

NR 153.15(2)(za) (za) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation.

NR 153.15(2)(zb) (zb) Best management practices that do not meet the eligibility criteria under sub. (1).

NR 153.15(2)(zc) (zc) Costs that another governmental unit is also reimbursing.

NR 153.15(2)(zd) (zd) Other practices which the department determines are not necessary to achieve the objectives of the project.

NR 153.15(3) (3) Interim best management practices and alternative design criteria.

NR 153.15(3)(a) (a) Purpose. The purpose of this subsection is to provide for the use of best management practices, management measures, design criteria or standards and specifications that are not included in subch. VIII of ch. ATCP 50 or ch. NR 154 but that will contribute to achieving water quality goals.

NR 153.15(3)(b) (b) Requirements. The department may approve cost sharing for best management practices, management measures, design criteria or standards and specifications other than those included in subch. VIII of ch. ATCP 50 or ch. NR 154 provided that all of the conditions in this paragraph are met.

NR 153.15(3)(b)1. 1. The practices, design criteria, standards or specifications developed under this subsection may not be applied for the purpose of meeting an agricultural or urban performance standard identified in ch. NR 151 unless the department determines that existing practices, design criteria or technical standards contained in ch. NR 154 or ATCP 50 cannot cost effectively meet the performance standards or, in the absence of a performance standard, the project water quality goals.

NR 153.15 Note Note: The department of agriculture, trade and consumer protection is the lead agency responsible for developing practices, design criteria, standards and specifications to meet agricultural performance standards.

NR 153.15(3)(b)2. 2. The applicant shall justify all of the following:

NR 153.15(3)(b)2.a. a. That the practices, design criteria, standards or specifications are necessary to meet the water quality objectives of the project.

NR 153.15(3)(b)2.b. b. That the practice is a cost-effective means of preventing or reducing pollutants generated from nonpoint sources.

NR 153.15(3)(b)2.c. c. That the practice does not have an adverse impact on fish and wildlife habitat.

NR 153.15(3)(b)3. 3. The department shall consult with DATCP if the best management practice, design criteria, standards or specifications are agricultural.

NR 153.15(3)(b)4. 4. The department shall identify the best management practice, design criteria, standards, specifications, operation and maintenance period, cost-share rates and cost-share conditions in the runoff management grant agreement.

NR 153.15(3)(c) (c) Time period. Approvals by the department under par. (b) shall be for a limited period of time, which the department shall specify. After the specified time period has expired, the department will either discontinue the approved use of the interim measures or adopt the measures in ch. NR 154.

NR 153.15(4) (4) Demonstration projects.

NR 153.15(4)(a) (a) The department may allow cost sharing for items identified under sub. (2) if necessary to implement a demonstration project. The department shall require demonstration projects to meet the all of the following criteria to be considered eligible for cost sharing under this subsection:

NR 153.15(4)(a)1. 1. The project shall be selected according to the process identified in s. NR 153.20.

NR 153.15(4)(a)2. 2. The project shall be determined by the department to have statewide or regional significance and shall be designed to provide results that are transferable to other locations within the state. This includes projects that demonstrate traditional or innovative management measures or best management practices in order to increase acceptance, use and understanding of cost-effectiveness, including pollutant control capability.

NR 153.15(4)(a)3. 3. The project shall have a strategy approved by the department for developing and disseminating information and education materials explaining the project and its management implications.

NR 153.15(4)(b) (b) The department may consult with the university of Wisconsin-extension or its agent in considering demonstration project proposals.

NR 153.15(5) (5) Cost-share rates and cost-share conditions. Cost-share rates and cost-share conditions, including provisions for economic hardship, identified in ch. NR 154 shall be used for best management practices funded under this chapter.

NR 153.15(6) (6) Cost-effectiveness.

NR 153.15(6)(a) (a) Only cost-effective practices may be funded under this section unless an exception is granted by the department under s. 281.65 (8) (e) or (4) (em), Stats.

NR 153.15(6)(b) (b) The state cost-sharing amount shall be determined by multiplying the eligible installation cost by the cost-share rate, unless otherwise provided for in this chapter or in ch. NR 154. Where 2 or more practices are equally cost-effective in reducing pollutants consistent with par. (a), the amount of cost sharing shall be based on the least cost practice.

NR 153.15 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; corrections in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 09-112: am. (1) (a), (c) (intro.), 4., (g), (2) (b), (d) (intro.), (e), (y), (3) (b) 1., (4) (a) 3., (6) (b), r. (2) (c), r. and recr. (2) (a), (j), cr. (2) (ag), (ar) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (r) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (2) (j) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.