NR 120.17(2)(f)(f) Pollutant control measures needed during building and utility construction, and storm water management practices for new developments.

NR 120.17(2)(h)(h) The planting, growing and harvesting of trees associated with silviculture, except as necessary for site stabilization.

NR 120.17(2)(m)(m) Practices other than those in s. NR 154.04 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock.

NR 120.17(2)(n)(n) Practices whose purpose is to accelerate or increase the drainage of land or wetlands, except where drainage is required as a component of a best management practice.

NR 120.17(2)(o)(o) Practices to control spills from commercial bulk storage of pesticides, fertilizers, petroleum and similar materials required by ch. ATCP 33 or other administrative rules.

NR 120.17(2)(p)(p) Significant expansions of livestock operations that are not in compliance with agricultural performance standards under subch. II of ch. NR 151. Significant expansions shall be determined using the criteria under par. (q) 2. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible.

NR 120.17(2)(q)(q) Practices needed to control sources that were adequately managed for the specific land use at the time of cost-share agreement signing, including management of a source in compliance with performance standards, but that are producing an increased amount of pollutant loading to the surface water or groundwater due to the landowner’s or land operator’s significant changes in land management.

NR 120.17(2)(q)1.1. Changes that the department may consider significant and ineligible for cost sharing include significant increases in size of the livestock population, changes to more intensive cropping and other changes in land use or management which increase the pollutant loading counter to the water resource objectives in an approved areawide water quality management plan, priority watershed plan, county land and water resources management plan or performance standard for the area.

NR 120.17(2)(q)2.2. For purposes of this paragraph, the department shall use the criteria in this subdivision in determining whether the increase in the size of the livestock population is significant and ineligible for cost sharing. In this subdivision, “livestock population size” means the size of the livestock population, in animal units. In this subdivision, “base livestock population size” means the livestock population size determined when the department or governmental unit, including a county land conservation committee, visits the site and documents the size of the livestock population. In this subdivision, “animal unit” has the meaning given in ch. NR 243.

NR 120.17(2)(q)2.a.a. If the base livestock population size is less than or equal to 250 animal units, that portion of the expansion that results in a livestock population size exceeding 300 animal units is considered to be significant and ineligible for cost sharing under this chapter.

NR 120.17(2)(q)2.b.b. If the base livestock population size is greater than 250 animal units but less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), and the expanded livestock population size will be less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), then that portion of the expansion that is greater than 20% of the base livestock population size is considered to be significant and ineligible for cost sharing under this chapter.

NR 120.17(2)(q)2.c.c. Any expansion to a base livestock population size that results in a livestock population size required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) is considered to be significant and ineligible for cost sharing under this chapter, and shall also render the base livestock population component ineligible for cost sharing in accordance with s. NR 153.15 (2) (f) 2.

NR 120.17(2)(q)2.d.d. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible.

NR 120.17 NoteNote: The department may not provide cost sharing under this chapter for activities requiring coverage under a WPDES permit. This includes activities requiring permit coverage at livestock operations that are greater than or equal to 1,000 animal units in size or that will become greater than or equal to 1,000 animal units through an expansion.

NR 120.17(2)(x)(x) Urban nonpoint sources that must be controlled to meet the requirements of a municipal WPDES storm water discharge permit.