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 HistoryHistory: 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 154.04NR 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.