NR 154.03(3)(c)1.
1. A signed and notarized statement by a certified public accountant or accredited financial institution certifying that, based on a financial statement prepared according to generally accepted accounting principles that:
NR 154.03(3)(c)1.a.
a. The landowner or land operator is unable to make the cost-share contribution normally required under sub.
(2).
NR 154.03(3)(c)1.b.
b. The landowner or land operator will be able to pay the balance of the cost to install the cost-shared practice if the landowner or land operator receives hardship cost sharing under par.
(e).
NR 154.03(3)(c)2.
2. A certification by the landowner or land operator in a sworn affidavit that the landowner or land operator has provided to the certified public accountant or accredited financial institution under this section a full and true disclosure of the landowner's or land operator's financial condition, including a copy of the landowner's or land operator's latest farm financial statement.
NR 154.03(3)(c)3.
3. The department may require that it approve the method used by the certified public accountant or accredited financial institution under this paragraph.
NR 154.03(3)(d)
(d) The governmental unit shall make a determination of economic hardship based on the recommendation of the certified public accountant or accredited financial institution on the application received in par.
(c).
NR 154.03(3)(e)
(e) If evidence of economic hardship is verified in accordance with the criteria in par.
(c), the governmental unit shall increase the cost-share rate in accordance with this paragraph for all best management practices for which the landowner or land operator is eligible.
NR 154.03(3)(e)1.
1. If the cost-share amount is based on a cost-share rate, the cost-share rate shall be increased so that the cost-share rate is not less than 70% and not greater than 90%.
NR 154.03(3)(e)2.
2. If the cost-share amount is based on a flat rate, the flat rate shall be increased so that it approximates a cost-share rate that is not less than 70% and not greater than 90%.
NR 154.03(3)(f)
(f) The governmental unit shall notify the department in writing when it has made a determination of economic hardship.
NR 154.03 History
History: CR 00-036: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 19-002: am. (1) (h), (i) 1., 3. (intro.), r. (1) (i) 3. b., am. (1) (i) 5., (j) 1., r. (1) (j) 3., am. (1) (j) 5., r. (1) (j) 6., am. (1) (j) 8., (3) (a) Register April 2020 No. 772, eff. 5-1-20; correction in (1) (j) 5., (3) (a) made under s. 35.17, Stats., Register April 2020 No. 772.
NR 154.04
NR 154.04 Best management practices, cost-share eligibility and standards. NR 154.04(1)(a)
(a) The best management practices, technical standards and cost-share eligibility conditions in this section may be used to achieve compliance with the performance standards under ch.
NR 151 and shall be used, in conjunction with the other provisions of this chapter and chs.
NR 153 and
155 to determine cost-share amounts.
NR 154.04(1)(b)
(b) Inconsistencies between provisions concerning cost-share eligibility or cost-share conditions contained in portions of ch.
ATCP 50 incorporated by reference into this section, and provisions concerning cost-share eligibility or cost-share conditions contained in ch.
NR 153 or this chapter, shall be resolved in favor of the cost-share eligibility and cost-share conditions provisions in ch.
NR 153 or this chapter.
NR 154.04(1)(c)
(c) The cost-share conditions and standards for all best management practices listed in this chapter shall apply to all cost-share and grant agreements signed after May 1, 2020.
NR 154.04(2)(a)(a) The cost-share conditions in this subsection apply to best management practices funded under chs.
NR 153 and
155. The conditions in this subsection, subs.
(3) to
(42) and chs.
NR 153 and
155 shall be met in administering grants under chs.
NR 153 and
155.
NR 154.04(2)(d)
(d) If the department finds that a standard or best management practice in this section is not adequate to implement a performance standard, it shall notify the state agency responsible for the standard or best management practice in writing, or institute the technical standard development process of ch.
NR 151.
NR 154.04(2)(e)
(e) All of the standards and best management practices in this chapter are considered cost-effective best management practices if they are implemented in accordance with ss.
NR 153.15 (6) or
155.15 (5).
NR 154.04(2)(f)
(f) Wetlands may not be destroyed or degraded as a result of installing a best management practice.
NR 154.04(2)(g)
(g) Erosion and sediment generated from the construction of the best management practice shall be controlled in conformance with the applicable performance standards in ss.
NR 151.105 and
151.11, using the technical standards developed pursuant to subch.
V of ch. NR 151 or equivalent methodology.
NR 154.04(2)(h)
(h) Permanent and temporary vegetative cover including materials such as seed, mulch, fertilizer, trees or shrubs, except for conventional agricultural cover crop, shall be established where necessary to prevent soil erosion during and after the installation of a best management practice in this chapter.
NR 154.04(2)(i)
(i) Preparation, grading, shaping and removal of obstructions necessary to allow the installation of best management practices shall be conducted on the site.
NR 154.04(2)(j)
(j) Temporary or permanent fencing and the repair of fencing necessary to implement or protect a best management practice shall be built.
NR 154.04(2)(k)
(k) All required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.
NR 154.04(2)(L)
(L) A best management practice listed in this chapter and which are conducted below the ordinary high water mark may be eligible for cost-sharing only when the practice is a cost-effective means of preventing or reducing pollutants generated from sources of runoff or from sediments of inland lakes polluted by runoff, or a practice designed to promote and enhance fish habitat.
NR 154.04(2)(m)
(m) If the department determines that a best management practice or technical standard cross-referenced in this chapter to ch.
ATCP 50 is cost-effective to address a non-agricultural or transportation performance standard required by subch.
III or
IV of ch. NR 151, the department may use the best management practice or technical standard, or may modify the best management practice or technical standard according to the procedures of subch.
V of ch. NR 151.
NR 154.04(2m)
(2m)
Voluntary use of updated technical standards. The department may cost-share a more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch.
ATCP 50 if all of the following apply:
NR 154.04(2m)(a)
(a) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch.
ATCP 50 provides water quality benefits at least as beneficial as the version listed in this subchapter.
NR 154.04(2m)(b)
(b) The more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to ch.
ATCP 50 has been developed by the department according to the procedures of subch.
V of ch. NR 151, adopted by NRCS, or adopted by another applicable technical standards entity listed in this subchapter.
NR 154.04(2m)(c)
(c) The landowner or grantee voluntarily agrees to the use of the more recent version of a technical standard listed in this subchapter or cross-referenced in this chapter to
ch.
ATCP 50 to implement the best management practice.
NR 154.04(3)(a)(a) The department may provide cost-share grants to implement manure storage systems.
NR 154.04(3)(c)1.
1. Leases of manure storage tanks are eligible for funding in accordance with this chapter.
NR 154.04(3)(c)2.
2. The department may not award a cost-share grant for a manure storage system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.
NR 154.04(4)(a)
(a) The department may provide cost-share grants to implement closure of manure storage systems.
NR 154.04(5)(a)
(a) The department may provide cost-share grants to implement barnyard runoff control systems.
NR 154.04(5)(c)
(c) The department may not award a cost-share grant for a barnyard runoff control system if the landowner or operator holds a WPDES permit or if the department determines that the landowner or operator is required to hold a WPDES permit.
NR 154.04(6)(a)(a) The department may provide cost-share grants to implement access roads.
NR 154.04(7)(a)(a) The department may provide cost-share grants to implement trails and walkways.
NR 154.04(8)(a)(a) The department may provide cost-share grants to implement contour farming.
NR 154.04(8)(c)
(c) A cost-share grant under ch.
NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply:
NR 154.04(8)(c)1.
1. Mitigation is warranted because of contour farming implemented using a cost-share grant provided under ch.
NR 153.
NR 154.04(8)(c)2.
2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000). The NRCS technical standard 645 (July, 2000) is incorporated by reference for this chapter.
NR 154.04 Note
Note: Copies of NRCS technical standard 645 may be obtained at the department of natural resources and the legislative reference bureau, Madison, Wisconsin.
NR 154.04(9)(a)(a) The department may provide cost-share grants to implement cover crops.
NR 154.04(10)(a)
(a) The department may provide cost-share grants to implement critical area stabilization.
NR 154.04(11)(a)(a) The department may provide cost-share grants to implement diversions.
NR 154.04(11)(c)
(c) A cost-share grant under ch.
NR 153 may be used to mitigate loss of wildlife upland habitat if all of the following conditions apply.
NR 154.04(11)(c)1.
1. Mitigation is warranted because of diversions implemented using a cost-share grant provided under ch.
NR 153.
NR 154.04(11)(c)2.
2. Mitigation is conducted in accordance with the NRCS field office technical standard; wildlife upland habitat management - 645 (July, 2000).
NR 154.04(11m)(a)(a) The department may provide cost-share grants to implement feed storage runoff control systems.
NR 154.04(12)(a)(a) The department may provide cost-share grants to implement field windbreaks.
NR 154.04(13)(a)(a) The department may provide cost-share grants to implement filter strips.
NR 154.04(14)(a)(a) The department may provide cost-share grants to implement grade stabilization structure.
NR 154.04(16)(a)(a)
Definitions. In this subsection, “lake sediment treatment" is defined as a chemical, physical or biological treatment of polluted lake sediments for purposes of minimizing potential adverse impacts from the pollutants.
NR 154.04(16)(b)
(b)
Eligible costs. A cost-share grant may reimburse the following:
NR 154.04(16)(b)1.
1. Costs for the design and treatment of lake sediments with chemical compounds, including aluminum sulfate, sodium aluminate, ferric chloride, calcium hydroxide and calcium carbonate.
