Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 153 - Targeted Runoff Management And Notice Of Discharge Grant Programs
Section NR 153.15 - Cost sharing for best management practices

(a) The department may provide cost sharing for the construction or implementation of best management practices in any project selected for funding under the chapter. The department may attribute design and construction services costs to the cost of construction or implementation of the best management practice. State and local administrative permit fees are not reimbursable as part of the construction cost.

Note: Although local administrative fees are not reimbursable, the department may reimburse governmental units for design and construction services subject to the limitations of s. NR 153.27(4).

(b)

(c) If the purpose of the best management practice is to comply with a non-agricultural performance standard under subch. III or IV of ch. NR 151, or if the purpose of the best management practice is to reduce pollution from a source for which a performance standard is not included in ch. NR 151, the best management practice shall meet one of the following criteria to be considered eligible for cost sharing under this chapter:

(d) The best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, subch. VIII of ch. ATCP 50, ch. NR 154, in a document that meets the requirements of subch. V of ch. NR 151 or a runoff management grant agreement as provided for under sub. (3) in order to be considered eligible for cost sharing under this chapter.

(e) The best management practice shall be included as an eligible item for cost sharing on a runoff management grant agreement, signed by the department and the governmental unit or state agency, in order to be considered eligible for cost sharing under this chapter.

(f) If a cost-share agreement is required, the best management practice shall be included as an eligible item on the cost-share agreement, signed by the governmental unit and a landowner, land operator or state agency in order to be considered eligible for cost sharing under this chapter.

(g) Best management practices funded under s. 20.866(2) (te) or (tf), Stats., shall meet requirements for use of bond-sourced funding.

Note: This section governs what pollution sources are eligible for cost sharing under ch. NR 153. It does not address requirements for compliance with performance standards, nor does it address cost-share funding as a precondition for compliance. Compliance requirements, including when cost-share funding must be made available as a precondition of compliance, are set forth in ss. NR 151.09 and 151.095.

(a) Best management practices for croplands classified as "new" under s. NR 151.09(4) (b) 3. or best management practices for livestock facilities classified as "new" under s. NR 151.095(5) (b) 2.

(ag) Best management practices to address pollution from a livestock facility or cropland practice that was previously in compliance with standards and prohibitions on or after the date the standard or prohibition became effective under ch. NR 151, regardless of cost share history. The department may make an exception and provide cost sharing to replace practices or practice components previously cost shared by the department that are ineffective during the operation and maintenance period due to unforeseen design problems.

Note: If a source loses its compliance status because of changes to the standard, cost sharing may be offered for management measures needed to bring the source into compliance with the new standard.

(ar) Best management practices to address a pollution source for which the department included a previous offer of cost sharing as part of a notice issued pursuant to ch. NR 151 and the management practices were not installed within the required compliance period.

(b) Routine operation and maintenance of best management practices. The department may provide cost sharing one time to re-establish an agricultural best management practice cost shared after October 1, 2002, that is damaged within the cost-share operation and maintenance period by natural causes beyond the control of the landowner or land operator.

(d) Significant expansions of livestock operations are not eligible for cost sharing. The department shall use the criteria in this paragraph for determining whether an increase in the size of the livestock population constitutes a significant expansion and is ineligible for cost sharing. In this paragraph, "livestock population size" means the size of the livestock population, in animal units. In this paragraph, "base livestock population size" means the livestock population size determined when the department or governmental unit, including a county land conservation committee, documents the size of the livestock population. In this paragraph, "animal unit" has the meaning given it in ch. NR 243.

(e) Best management practice installation activities conducted prior to the signing of the runoff management grant agreement and the cost-share agreement. This paragraph does not preclude the department from providing reimbursement for structural best management practice design work commenced or completed prior to signing the runoff management grant agreement and the cost-share agreement, provided that practice construction commences after the grant agreement is signed by all parties.

(f) Activities requiring coverage under a WPDES permit including any of the following:

(g) Activities required as part of or as a condition of a license for a solid waste management site.

(h) Activities funded through state or federal grants for wastewater treatment plants.

(i) Active mining activities.

(j) Urban best management practices associated with new construction or new development, including the following:

(k) Pollutant control measures needed during construction of highways and bridges.

(l) The planting of trees intended for commercial harvest.

(m) Installing, operating or repairing a small-scale on-site human domestic waste facility.

(n) Dredging of harbors, lakes, rivers and ditches.

(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.

(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.

(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.

(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.

(s) Practices to be fully funded through other programs.

(t) Practices previously installed and necessary to support cost-shared practices.

(u) Changes in crop rotation unless required as a component of practices in subch. VIII of ch. ATCP 50 or ch. NR 154.

(v) Minimum levels of street sweeping and leaf collection.

(w) Changes in location of unconfined manure stacks involving no capital cost.

(x) Purchase of non-stationary manure spreading equipment.

(y) Best management practices to correct overtopping caused by mismanagement of a manure storage facility.

(z) Maintaining existing grass cover.

(za) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation.

(zb) Best management practices that do not meet the eligibility criteria under sub. (1).

(zc) Costs that another governmental unit is also reimbursing.

(zd) Other practices which the department determines are not necessary to achieve the objectives of the project.

(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.

(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.

(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.

(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:

(b) The department may consult with the university of Wisconsin-extension or its agent in considering demonstration project proposals.

(a) Only cost-effective practices may be funded under this section unless an exception is granted by the department under s. 281.65(8) (e) or (4) (em), Stats.

(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.