NR 153.22(1)(a)(a) The cost-share agreement is an agreement listing the best management practices and establishing the conditions and considerations under which a cost-share recipient agrees to install the practices listed. The cost-share agreement may be used as an offer of cost sharing in accordance with ss. NR 151.09, 151.095, and 243.24 (4) (b) 4. NR 153.22(1)(b)(b) A local governmental unit shall use the cost-share agreement if serving as a cost-share provider to a landowner, land operator, or state agency. NR 153.22(1)(c)(c) The department may use the runoff management grant agreement in lieu of a cost-share agreement if it serves as a grantor of funds to a governmental unit or state agency and the grant recipient uses the funds to implement management practices on lands it owns or operates. Runoff management grant agreements used in lieu of cost-share agreements shall comply with the requirements in this section as well as those in s. NR 153.21. NR 153.22(1)(d)(d) For best management practices to be eligible for cost sharing, the cost-share agreement shall be signed by the cost-share provider and cost-share recipient before best management practice installation is initiated. NR 153.22(2)(a)(a) The cost-share agreement shall be between the governmental unit and the individual landowner, land operator or state agency. Agreements with land operators shall be co-signed by the landowner except in instances where the cost-share agreement contains no other practices than those enumerated in sub. (6) (b) 1. If other practices are included in a cost-share agreement amendment, the landowner shall co-sign the amendment. NR 153.22(2)(b)(b) Governmental units, as cost-share agreement providers, shall enter into cost-share agreements only during the period specified in the runoff management grant agreement. NR 153.22(2)(c)(c) The cost-share agreement applies to all contiguous sites under the same ownership. At the discretion of the governmental unit, the cost-share agreement may also apply to noncontiguous sites under the same ownership or operation in the watershed. In this paragraph, “contiguous” means touching or sharing a common boundary with a second parcel of land. A lake, river, stream, road, railroad or utility right of way that separates any part of the parcel from any other part does not render the parcel of land noncontiguous. NR 153.22(2)(d)(d) A cost-share agreement may not be signed with an individual whose name appears on the statewide support lien docket under s. 49.854 (2) (b), Stats., unless the individual submits to the provider a payment agreement that has been approved by the county child support agency under s. 59.53 (5), Stats., and that is consistent with rules promulgated under s. 49.858 (2) (a), Stats. NR 153.22(3)(3) Content of the agreement. The cost-share agreement shall contain or describe: NR 153.22(3)(b)(b) The best management practices to be applied and the cost-share rates for those practices that are to be cost shared. The cost-share agreement shall require that all best management practices listed on the cost-share agreement be implemented and maintained as a condition of the agreement. NR 153.22(3)(c)(c) The estimated total practice cost, cost-share rate and estimated cost-share amount. NR 153.22(3)(d)(d) The installation schedule for applying the cost-shared practices. The cost-share agreement shall also require that the cost-share recipient comply with state performance standards and prohibitions for existing cropland practices and livestock facilities that do not require cost sharing under s. NR 151.09 or 151.095. The cost-share provider may limit this requirement to significant pollution sources with prior approval from the department. NR 153.22(3)(f)(f) A prohibition against adopting any land use or practice which defeats the purposes of the best management practices, the cost-share agreement, or the runoff management grant agreement. This includes a prohibition against any change in land use or management of a cropland practice or livestock facility that leads to non-compliance with state performance standards and prohibitions for a parcel where continuing compliance with a state standard or prohibition is required under s. NR 151.09 (3) (b) or 151.095 (4) (b). This also requires meeting performance standards and prohibitions, without regard to cost sharing, for all new cropland practices and livestock facilities. If such a change in land use or management occurs, the landowner or land operator shall control the source at the landowner or land operator’s own expense or return any cost-sharing funds awarded through the cost-share agreement to the provider. NR 153.22(3)(g)(g) A provision stating that the governmental unit shall provide appropriate technical assistance during the required operation and maintenance period of the best management practices. NR 153.22(3)(h)(h) A stipulation that the cost-share recipient may not discriminate against a contractor on the basis of age, sex, religion or other prohibited factor. NR 153.22(3)(j)(j) The location of the land on which the cost-shared practice is to be installed, and a specific legal description of the land if recording of the cost-share agreement is required under sub. (10). NR 153.22(3)(L)(L) A requirement to amend the cost-share agreement if practices are added or deleted and to add or delete practices only if they are consistent with the project grant application. NR 153.22(3)(m)(m) A statement that any loss of cost sharing that results from a cost-share recipient’s failure to abide by the conditions of the cost-share agreement does not void the notice issued under s. NR 151.09, 151.095, or 243.24. NR 153.22(3)(n)(n) A statement that partial or full release from the cost-share agreement in accordance with this section does not void the notice issued under s. NR 151.09, 151.095, or 243.24. NR 153.22 NoteNote: Compliance with conditions in a cost-share agreement does not assure compliance with performance standards under ch. NR 151. For example, the operation and maintenance period for purposes of cost sharing is 10 years for most practices. However, best management practices must be maintained in perpetuity to comply with performance standards under ch. NR 151. Under ch. NR 151, cost sharing must only be made available once to bring a specific nonpoint source into compliance with the performance standard. Continued cost sharing is not required to be made available and long-term compliance with performance standards is the responsibility of the landowner or operator, heirs or subsequent owners or operators. Chapters NR 151 and ATCP 50 identify when cost sharing is considered to be available for purposes of required compliance with performance standards. NR 153.22(3)(o)(o) A statement that the cost-share recipient agrees to provide information related to cost sharing and work performed under other federal, state, and local grant programs, if required by the cost share provider to meet the reporting requirements of this chapter. NR 153.22(3)(p)(p) The cost-share recipient shall allow the governmental unit to conduct an inventory of the entire farm for compliance with state performance standards and prohibitions as a condition of cost-share eligibility. NR 153.22(4)(4) Department approval. The governmental unit shall obtain prior department approval when the total cost-share agreement amount, including amendments, exceeds $50,000 in state share. The department shall consider the cost-effectiveness of the best management practices and eligibility for cost sharing under this chapter in making its decision whether to grant approval.