Ch. NR 154 NoteNote: All documents incorporated by reference in this chapter may be inspected at the department and the Legislative Reference Bureau, One East Main Street, Suite 200, Madison, Wisconsin, 53701. Copies of these documents may be obtained from the Department of Natural Resources, Bureau of Watershed Management, 101 South Webster Street, Madison, Wisconsin 53702.

NR 154.01(1)(1) The purpose of this chapter is to identify best management practices, technical standards and cost-share conditions that apply to the department, state agencies, governmental units, the Board of Regents and cost-share recipients when serving to provide or receive cost-share funds under ch. NR 153 or 155. These provisions and provisions contained in chs. NR 153 and 155 shall be met in administering grants under chs. NR 153 and 155.

NR 154.01(2)(2) The provisions of this chapter apply to cost-share agreements and grants signed after May 1, 2020, unless a waiver is granted by the department under s. 281.65 (4) (e), Stats.

NR 154.02(1)(1) “Best management practice” as defined in s. 281.65 (2) (a), Stats., means a practice, technique or measure, except for dredging, which is determined to be an effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this chapter and which does not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install urban structural practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this chapter and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30, Stats.

NR 154.02(2)(2) “Cost-effective” means economical in terms of the tangible benefits produced by the money spent. Tangible benefits include pollution control, fish and wildlife habitat enhancement, enhancements to recreation, public safety, economical operation, economical maintenance and enhanced life expectancy of the best management practice.

NR 154.02(3)(3) “Cost-share agreement” means the agreement established between the governmental unit and the cost-share recipient which identifies the best management practices to be used on the cost-share recipient’s lands and the cost estimate, installation schedule and operation and maintenance requirements for these best management practices.

NR 154.02(4)(4) “Cost-sharing” means the action of financing a best management practice, or conservation practice by means of a cost-share agreement.

NR 154.02(5)(5) “Dam” means any artificial barrier in or across a waterway, which has the primary purpose of impounding or diverting water. “Dam” includes all appurtenant works, such as a dike, canal or powerhouse.

NR 154.02(6)(6) “Department” means the Wisconsin department of natural resources.

NR 154.02(7)(7) “Governmental unit” means any unit of government including, but not limited to, a county, city, village, town, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, Stats., town sanitary district, public inland lake protection and rehabilitation district, regional planning commission or drainage district operating under ch. 89, 1961 Stats., or ch. 88, Stats. Governmental unit does not include the state or any state agency.

NR 154.02(8)(8) “Landowner” means any individual, partnership, corporation, municipality or person holding title to land.

NR 154.02(9)(9) “Land operator” means any individual, partnership, corporation, municipality or person having possession of or holding a lease in land and who is not a landowner.

NR 154.02(10)(10) “Nonpoint source” means a land management activity which contributes to runoff, seepage or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source under s. 283.01 (12), Stats.

NR 154.02(11)(11) “NRCS” means the natural resources conservation service of the U.S. department of agriculture.

NR 154.02(12)(12) “Priority watershed plan” means the detailed portion of the areawide water quality management plan prepared for priority watersheds as described in s. NR 120.08.

NR 154.02(13)(13) “Project sponsor” means a governmental unit or state agency applying for and receiving grant assistance under s. 281.65 or 281.66, Stats.

NR 154.02(14)(14) “Structural height” means the difference in elevation in feet between the point of lowest elevation of a dam before over-topping and the lowest elevation of the natural stream or lake bed at the downstream toe of the dam.

NR 154.02(15)(15) “Technical guide” means the NRCS field office technical guide, published by the NRCS, which is incorporated by reference for this chapter.

NR 154.02 NoteNote: Copies of the technical guide are on file with the department and the legislative reference bureau. Copies of individual standards contained in the technical guide may be obtained from a county land conservation department, an NRCS field office, or the national NRCS website at: http://www.nrcs.usda.gov, or the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov.

NR 154.02(16)(16) “Wetland” or “wetlands” has the meaning specified under s. 23.32 (1), Stats.

NR 154.02(17)(17) “WPDES permit” means a ch. 283, Stats., Wisconsin pollutant discharge elimination system permit.

NR 154.03(1)(1) State cost-share rates.

NR 154.03(1)(b)(b) Except in cases of economic hardship, the maximum state cost-share rate for individual best management practices cost-shared in a targeted runoff management project under ch. NR 153 may not exceed 70%.