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.

NR 153.23(1)(e) (e) Force account. 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 153.23(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 153.23(2) (2) The cost-containment procedures in this section shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners or land operators installing best management practices:

NR 153.23(2)(a) (a) All sources of local share donation shall be indicated in the project application submitted under s. NR 153.17.

NR 153.23(2)(b) (b) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.

NR 153.23(2)(c) (c) The value of donated equipment may not exceed the equipment rates for highways established by the Wisconsin department of transportation.

NR 153.23 Note Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.

NR 153.23(2)(d) (d) The value of donated materials and services may not exceed market rates and shall be established by invoice.

NR 153.23 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (e) (title), r. (1) (f) Register December 2010 No.660, eff. 1-1-11.

NR 153.25 NR 153.25 Property acquisition.

NR 153.25(1) (1) Eligible activities. The department may provide funding to a governmental unit holding a runoff management grant agreement under s. NR 153.21 for any of the following:

NR 153.25(1)(a) (a) Acquire land in fee or an easement identified in the grant application for the construction of a structural urban best management practice.

NR 153.25(1)(b) (b) Acquire land in fee or an easement identified in the grant application for land which is contributing or will contribute nonpoint source pollution. This includes property acquisition to support best management practices such as critical area stabilization, riparian buffers, wetland restoration and the abandonment or relocation of livestock and livestock facilities.

NR 153.25(1)(c) (c) Acquire land in fee or an easement to abandon or relocate livestock or livestock facilities provided that any of the following conditions are met:

NR 153.25(1)(c)1. 1. The acquisition is an eligible best management practice.

NR 153.25(1)(c)2. 2. If the acquisition amount is greater than the amount of funding required to install best management practices at the site, the acquisition may be selected as the cost-effective best management practice if the department concurs that the acquisition is justified based on the additional degree of water quality protection.

NR 153.25(1)(c)3. 3. If the acquisition amount is less than the amount required to install best management practices and the landowner is unwilling to sell the property right, the department may use the acquisition amount as a cost-share ceiling on the cost of installing the best management practice.

NR 153.25(2) (2) Mutual agreement and duration. The landowner and the department shall mutually agree to the conducting of an appraisal. Easements, including donated conservation easements, shall be acquired for perpetuity.

NR 153.25(3) (3) Donated easements. The department may authorize, in writing, any governmental unit, qualified non-profit organization, or person to use grant funds under this chapter to enter into easements or accept a donated conservation easement consistent with the grant application and runoff management grant. Upon acceptance of a donated easement under s. NR 154.03 (2) (c), the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement.

NR 153.25(4) (4) Grants to the department for easement purchase. The department may distribute grants and aids to itself for the purchase of easements in a priority watershed area. For purposes of this subsection, a priority watershed or priority lake project is considered to retain its project status through the end of the tenth year beyond the expiration date of the nonpoint source grant agreement entered into under s. NR 120.12.

NR 153.25(5) (5) Acquisition proposals.

NR 153.25(5)(a) (a) A governmental unit requesting runoff management grant funds under this section for the acquisition of property in fee or an easement shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the runoff management grant application or grant amendment request.