NR 153.15(2)(o)
(o) Installing dams, pipes, conveyance systems and urban best management practices, including storm sewer rerouting and land acquisition, when intended solely for flood control. In this paragraph, “dam" means any artificial barrier in or across a waterway, which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse.
NR 153.15(2)(p)
(p) Practices other than those in
ch. NR 154 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock.
NR 153.15(2)(q)
(q) 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 153.15(2)(r)
(r) 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 153.15(2)(t)
(t) Practices previously installed and necessary to support cost-shared practices.
NR 153.15(2)(w)
(w) Changes in location of unconfined manure stacks involving no capital cost.
NR 153.15(2)(y)
(y) Best management practices to correct overtopping caused by mismanagement of a manure storage facility.
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)(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.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)(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)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)(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.
NR 153.16
NR 153.16 Aids for local assistance activities. NR 153.16(1)(a)(a) The department may provide cost sharing under
s. NR 153.26 for local assistance activities conducted during the grant period in large-scale TMDL implementation projects and large-scale non-TMDL control projects.
NR 153.16 Note
Note: Small-scale TMDL projects, small-scale non-TMDL control projects, and notice of discharge projects are not eligible for local assistance grants. However, design and construction services costs in small-scale and notice of discharge projects may be included in the cost of construction for reimbursement purposes.
NR 153.16(1)(b)
(b) The cost-share rate for local assistance activities may not exceed 70 percent of the eligible costs identified in this section.
NR 153.16(1)(c)
(c) The following activities are eligible for local assistance funding when conducted in the project area:
NR 153.16(1)(c)1.
1. Identifying high priority nonpoint pollution sources for control.
NR 153.16(1)(c)2.
2. Contacting and informing landowners and land operators of conservation program opportunities and requirements, including those relating to state performance standards and prohibitions.
NR 153.16(1)(c)3.
3. Determining and documenting compliance of cropland practices and livestock facilities with performance standards and prohibitions.
NR 153.16(1)(c)4.
4. Identifying site-specific best management practices needed to achieve compliance with performance standards and prohibitions or to otherwise control nonpoint pollution sources.
NR 153.16(1)(c)5.
5. Developing and reviewing cost-share agreements with the cost-share recipient.
NR 153.16(1)(c)6.
6. Providing assistance to the department in developing and issuing notices under
ss. NR 151.09 and
151.095 and developing and issuing comparable notices under local ordinances.
NR 153.16(1)(c)7.
7. Best management practice construction services, including construction management and verification of best management practices installation.
NR 153.16(1)(c)8.
8. Reviewing best management practice operation and maintenance during the grant period.
NR 153.16(1)(c)9.
9. Developing and transmitting to the department information that identifies landowners and operators that do not comply with performance standards or prohibitions.
NR 153.16(1)(c)12.
12. Development of informational materials, including videos or brochures.
NR 153.16(1)(c)13.
13. Project evaluation activities identified in the project application and required by the runoff management grant agreement, including monitoring.
NR 153.16(1)(c)14.
14. Other activities approved by the department as being necessary to implement the project.
NR 153.16(1)(d)
(d) The following staff support costs are eligible for cost sharing:
NR 153.16(1)(d)1.
1. The cost of testing materials for use in best management practice design and installation.
NR 153.16(1)(d)2.
2. Travel expenses, including personal vehicle mileage charges, meals, lodging, and other reasonable travel expenses necessary to the project.
NR 153.16(1)(d)3.
3. The cost of recording the cost-share agreement with the county register of deeds.
NR 153.16(1)(d)5.
5. Other direct costs necessary for the project and approved by the department.
NR 153.16(2)
(2) Ineligible costs. The following costs are not eligible for local assistance funding under this section:
NR 153.16(2)(a)
(a) Activities for which WPDES permit coverage is required.
NR 153.16(2)(b)
(b) Direct costs for other items not listed in this section, including best management practice design, staff training, ordinance development and administration, promotional items except when used for educational purposes, and the purchase or lease of motor vehicles.
NR 153.16(2)(c)
(c) Indirect project costs that are not directly related to the output of a product or service or cannot be identified specifically with a single cost objective in an economically feasible manner.
NR 153.17
NR 153.17 Targeted runoff management project application. NR 153.17(1)(1)
Applicability. This section applies only to targeted runoff management projects.
NR 153.17(2)(a)(a) Subject to the availability of funds, the department shall do the following:
NR 153.17(2)(a)1.
1. Solicit applications for projects to be funded under this chapter by providing the public with information that application materials are available upon request.
NR 153.17(2)(a)1.a.
a. The department shall solicit applications for any small-scale project on an annual basis provided there is adequate funding available.
NR 153.17(2)(a)1.b.
b. The department may solicit applications for any large-scale project on an annual or biennial basis depending on the availability of funds.
NR 153.17(2)(a)2.
2. Distribute to any potential applicant that requests it a copy of the appropriate application and application instructions.
NR 153.17(2)(b)
(b) All applicants for funding shall submit project applications on forms provided by the department. A governmental unit or federally recognized tribal governing body may request funding under this chapter for one or more projects by submitting the appropriate applications to the department.
NR 153.17 Note
Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
NR 153.17(2)(c)
(c) A state agency, including the department, may request funding under this chapter for a project that is on land under state ownership or control and is in a priority watershed or priority lake area by submitting the appropriate application to the department.
NR 153.17(2)(d)
(d) The department may request funding for the purchase of eligible easements located in a priority watershed project area by submitting the appropriate application to the department.
NR 153.17(2)(e)
(e) Applicants shall submit completed project applications to the department in order to be considered for funding in the following calendar year. Applications shall be delivered or post-marked by midnight, April 15.
NR 153.17(3)
(3) Required administrative information. An applicant for any targeted runoff management project shall submit the following information to be considered for funding:
