NR 120.14(26)(b)2.
2. The roofed structure may not be permanently enclosed unless the landowner receives written approval from the department.
NR 120.14(26)(b)2.a.
a. For purposes of this subsection, a permanently enclosed structure is defined as a structure where the sum of the length of the walls exceeds 50% of the total length of the perimeter of the structure. When the structure has a shape other than a rectangle or square, each rectangular or square portion of the total structure, excluding the common sides, shall be calculated separately to determine whether it exceeds 50%. A segment of the perimeter shall be considered a wall if greater than 50% of the opening from eave to floor is of solid building material.
NR 120.14(26)(b)2.b.
b. An application requesting cost-sharing for the enclosure of a roofed barnyard runoff management system shall be submitted in writing to the department for its approval. The written application and the applicable cost-share agreement shall include a recognition by the landowner or land operator that the barnyard may not be used for purposes other than an animal lot for the duration of the cost-share agreement.
NR 120.14(26)(b)3.
3. The livestock facility may not establish additional outdoor animal lots on the site unless the department certifies that adequate runoff control practices are established for the duration of the cost-share agreement.
NR 120.14(26)(c)1.1. The roof shall be designed to support wind, snow and other live and dead loads consistent with the American Society of Agricultural Engineers (ASAE) Engineering Practice (EP) 288.5, 1992, which is incorporated by reference for this chapter.
NR 120.14 Note
Note: Copies of this publication are available for inspection at the central office of the department of Natural Resources, and the offices of the Legislative Reference Bureau and Secretary of State.
NR 120.14(26)(c)2.
2. The roof and supporting structure shall be constructed of materials with a life expectancy of a minimum of 10 years.
NR 120.14(27)(a)(a)
Description. Livestock fencing is the enclosure, separation or division of one area of land from another in a manner that provides a permanent barrier to livestock. The purpose of the practice is to exclude livestock from land areas that should be protected from grazing or gleaning where degradation of the natural resource will likely result if livestock access is permitted. This practice shall be implemented using one or more of the standards in
par. (c).
NR 120.14(27)(b)1.1. Cost-sharing may be provided for permanent fencing when fencing is needed to:
NR 120.14(27)(b)1.b.
b. Reduce the impact to a resource from sedimentation that is being caused by livestock.
NR 120.14(27)(b)1.d.
d. Eliminate the degradation of other natural resources as defined within the approved priority watershed plan, priority lake plan, notice of discharge or project grant application.
NR 120.14(27)(b)2.a.
a. Fencing of cropland fields for the primary purpose of providing areas for gleaning by livestock or for handling or segregating of livestock.
NR 120.14(27)(b)2.c.
c. Situations where benefits to water quality improvement cannot be readily defined.
NR 120.14(27)(c)
(c)
Standards and specifications. NRCS field office technical guide standards and specifications are as follows:
NR 120.14(28)(a)(a)
Description. Urban best management practices include structural urban best management practices and other source area measures, transport system and end-of-pipe measures designed to control storm water runoff rates, volumes and discharge quality. In this definition, “source area" means a component of urban land use including rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns from which storm water pollutants are generated during periods of snowmelt and rainfall runoff.
NR 120.14(28)(b)1.a.
a. Excavation, grading, mulching, seeding, necessary landscaping, piping, drop spillways and other measures required to implement the practice.
NR 120.14(28)(b)1.b.
b. Land acquisition, including storm sewer rerouting and the removal of structures necessary to install structural urban best management practices.
NR 120.14(28)(b)1.c.
c. Materials and labor for the initial installation of groundwater monitoring wells required by the department.
NR 120.14(28)(b)1.d.
d. On a prorated basis, for multi-purpose practices which manage both water quality and unrelated water quantity problems.
NR 120.14(28)(b)2.a.
a. Urban best management practices, land acquisition, storm sewer rerouting or removal of structures where the practices serve solely to solve drainage and flooding problems unrelated to the primary water quality improvement strategy in a priority watershed or lake plan or application selected for funding under this chapter.
NR 120.14(28)(b)2.b.
b. Removal or disposal of accumulated sediments or other materials needed to properly maintain the practice.
NR 120.14(28)(c)1.1. The department shall identify acceptable standards for each best management practice in an approved priority watershed plan, approved priority lake plan or project grant.
NR 120.14(28)(c)2.
2. The department shall consider documents containing non-agricultural technical standards developed under the process in subch.
V of ch. NR 151 and other documents when identifying acceptable technical standards.
NR 120.14(28)(c)3.
3. The governmental unit, landowner or land operator shall submit preliminary designs for each identified alternative to the department for review and comment.
NR 120.14(28)(c)4.
4. Based on the review of the preliminary designs for each alternative, the governmental unit, landowner or land operator shall submit a detailed design including pertinent information addressing each criterion listed in
subd. 5., for the selected alternative prepared by a registered professional engineer or other individual trained in the design of the practice and approved by the department, to the department for review and approval.
NR 120.14(28)(c)5.
5. The department shall approve or disapprove within 90 days the detailed design based on the following criteria:
NR 120.14(28)(c)5.a.
a. Adequacy of pollutant control to protect surface water, groundwater and wetland resources in accordance with the objectives of a watershed plan. Applicable performance standards identified in
ch. NR 151 may be considered and addressed in the detailed design.
NR 120.14(28)(c)5.b.
b. Consistency with water quality provisions of department approved plans, such as priority watershed or lake plans, integrated resource management plans, remedial action plans or wellhead protection plans, or with existing local storm water management ordinances or plans that meet minimum department requirements.
NR 120.14(28)(c)5.e.
e. The degree to which other environmental considerations are integrated in the proposal.
NR 120.14(28)(c)5.f.
f. The adequacy of the provisions for long-term maintenance of the structural practice.
NR 120.14(28)(c)6.
6. The department may waive or modify the review or approval procedures under
subds. 3. to
5. Any waiver shall be specifically described in the grant agreement or the cost-share agreement.
NR 120.14 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.15
NR 120.15 Interim best management practices. NR 120.15(1)(1)
Interim best management practices. The department may approve best management practices not listed in
s. NR 120.14 where necessary to meet the water resources objectives identified in the watershed plan. The department shall consult with DATCP regarding agricultural best management practices approved under this subsection. The department may identify in the nonpoint source grant agreement design criteria and standards and specifications; cost-share conditions; and cost-share rates for each best management practice approved under this section.
NR 120.15(2)
(2) Alternative design criteria. For best management practices described in
s. NR 120.14, the department may approve alternative design criteria or standards and specifications where an alternative will achieve the same or a greater level of pollutant control. The department shall consult with DATCP regarding alternative design criteria for agricultural best management practices.
NR 120.15 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.16(1)
(1)
Applicability. Counties, cities, villages and towns located within the priority watershed project or priority lake area project shall adopt the following ordinances if required within the watershed plan:
NR 120.16(2)
(2) Condition of grant. Adoption, implementation and enforcement of ordinances under
sub. (1) within the time frame specified under
s. NR 120.08 (1) (c) 1. h. and
j. shall be a condition of receiving funding from the department under a nonpoint source grant. Actions to implement and enforce these ordinances are subject to the provisions of
s. NR 120.28 (1) and
(2).
NR 120.16(3)
(3) Construction site erosion control ordinances. NR 120.16(3)(a)(a) An ordinance to control construction site erosion that is adopted by the governmental unit prior to October 1, 2002 shall meet the requirements of this paragraph.
NR 120.16(3)(a)1.
1. An ordinance under
sub. (1) shall apply, at a minimum, to construction activities as defined in s.
281.33 (3) (b) 1. to
5., Stats., within the jurisdiction unless the construction site activities are otherwise regulated by the department under subch.
III of ch. NR 216, or regulated by
ch. SPS 320,
321, or
361 to
365, or exempted by s.
13.48 (13), Stats., or subject to the department of transportation and department liaison cooperative agreement under s.
30.2022, Stats.
NR 120.16(3)(a)2.b.
b. An applicability statement identifying activities subject to the ordinance.
NR 120.16(3)(a)2.c.
c. Performance standards, criteria and other conditions to minimize the amount of sediment and other pollutants reaching the waters of the state during the development of lands and until final stabilization of the site.
NR 120.16(3)(a)2.d.
d. A provision requiring consistency with the accepted design criteria, standards and specifications identified in the
Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 2001 Revision, which is incorporated by reference for this chapter or other design guidance and technical standards identified, developed or disseminated by the department under subch.
V of ch. NR 151.
NR 120.16 Note
Note: Copies of this document may be inspected at the offices of the Department's Bureau of Watershed Management, NRCS, the Secretary of State and the Legislative Reference Bureau, all in Madison, WI.
NR 120.16(3)(b)
(b) An ordinance to control construction site erosion adopted by the governmental unit after October 1, 2002 shall be consistent with the performance standards in
s. NR 151.11.
NR 120.16(4)
(4) Departmental approval. An ordinance required under
sub. (1) shall be reviewed and approved by the department prior to adoption.
NR 120.16 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 03-028: am. (3) (a) 1.
Register July 2004 No. 583, eff. 8-1-04; correction in (3) (a) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2004 No. 583; correction in (3) (a) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
NR 120.17(1)
(1)
Eligible best management practices. Best management practices listed in
s. NR 154.04 that are installed and maintained to control the following nonpoint sources in accordance with the minimum conditions in
ch. NR 154 are eligible for cost-share assistance under this chapter when addressing nonpoint sources of pollution in a watershed plan:
NR 120.17(1)(f)
(f) Other sources determined by the department to meet the objectives of the program.
NR 120.17(2)
(2) Ineligible best management practices. The following practices, sources or activities are not eligible for cost-share assistance under this chapter:
NR 120.17(2)(a)
(a) Best management practice installation, operation or maintenance started prior to the signing of the cost-share agreement.
NR 120.17(2)(b)
(b) Activities requiring coverage under a WPDES permit including any of the following:
NR 120.17(2)(b)1.
1. Activities at livestock operations with less than 1,000 animal units that have been issued a WPDES permit by the department under
ch. 283, Stats. In this paragraph, “livestock operation" has the meaning given in s.
281.16 (1) (c), Stats. In this paragraph, “animal unit" has the meaning given in
ch. NR 243.
NR 120.17(2)(b)2.
2. Activities at livestock operations that have, or will have within 12 months, at least 1,000 animal units and are required to apply for a WPDES permit under
s. NR 243.12 (1) (a) or
(b).
