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 153.21 - Runoff management grant agreement
Universal Citation: WI Admin Code ยง NR 153.21
Current through August 26, 2024
(1) PURPOSE.
(a) The department shall use the runoff
management grant agreement to commit funds to a governmental unit or state
agency for the purpose of implementing best management practices for any
project selected under s.
NR 153.20 or 153.205.
(b) The department may use the runoff
management grant agreement in lieu of a cost-share agreement required under s.
NR 153.22
with a governmental unit or state agency for the installation of a best
management practice on land the governmental unit or state agency owns or
operates.
(2) GRANT PERIOD LENGTH.
(a) For a large-scale TMDL or
large-scale non-TMDL project, the department may set the grant period for one
to 3 years. The department may approve an extension to 4 years.
(b) For a small scale project, the department
may set the grant period for one to 2 years. The department may approve an
extension to 3 years. The start of the grant period shall be that specified on
the signed grant award.
(c) For a
notice of discharge project, the department shall establish, and extend if
necessary, the grant period for a length of time sufficient to accommodate the
compliance period authorized under s.
NR 243.24(4) (b) 5.
(d) For a targeted runoff management project,
the department shall require that a grantee submit a written request in order
to consider a project extension. The request shall:
1. Justify the extension request by
identifying reasons for the project delay that were beyond the control of the
grantee.
2. Be received by the
department prior to the expiration of the grant period.
3. Identify how the additional time will
result in a significant reduction in the pollutant loading from the project
area or otherwise further the intent of the project.
(e) For a notice of discharge project, the
grantee shall submit the extension request to the department prior to the
expiration of the grant period. The extension request shall include
documentation that the provisions of s.
NR 243.24(4) (b) 5. c. have been
satisfied.
(3) LOCAL GOVERNMENT RESPONSIBILITIES AS A RUNOFF MANAGEMENT GRANTEE AND COST-SHARE PROVIDER. The governmental unit shall do all of the following as conditions of receiving a runoff management grant:
(a)
Execute a runoff management grant agreement with the department for grant funds
necessary to administer cost-share agreements with eligible landowners and land
operators. This requirement may be waived if the department and the
governmental unit agree to delegate these responsibilities to another
governmental unit with jurisdiction sufficient to meet all the conditions of
the grant.
(b) Enter into
cost-share agreements with eligible cost-share recipients located within the
project area. This requirement may be waived if the department and the
governmental unit agree to delegate this responsibility to another governmental
unit with jurisdiction sufficient to enforce all the conditions of the
cost-share agreement.
(c) Be
fiscally responsible for the use of cost-share funds provided to cost-share
recipients under the runoff management grant agreement. This includes preparing
and maintaining adequate fiscal management and technical assistance files as
described in s.
NR 153.29. This requirement may be waived if the
department and the governmental unit agree to delegate these responsibilities
to another governmental unit with adequate jurisdiction.
(d) Provide the department with verification
of proper installation, operation and maintenance of best management practices
for cost-share agreements for which it is the cost-share provider.
(e) Provide technical design and installation
assistance for all best management practices in cost-share agreements within
its jurisdiction. The governmental unit may assign this requirement to another
governmental unit if approved by the department.
(f) Contact all landowners and land operators
of lands within the project area that are the target of technical assistance
and cost sharing under the grant.
(g) Participate with the department in
project reviews.
(h) Enforce the
terms and conditions of the cost-share agreement as described in s.
NR 153.22.
(i) Arrange funding for staff support
necessary to complete the project.
(j) For a targeted runoff management project,
conduct the following activities in addition to technical and financial
assistance to implement agricultural performance standards and prohibitions
contained in ch. NR 151 for cropland practices and livestock facilities in the
project area:
1. Inform landowners and land
operators of performance standards and prohibitions.
2. Through records reviews and on-site
assessments, evaluate and document the compliance status of cropland practices
and livestock facilities with agricultural performance standards and
prohibitions on all properties of the farm operation owned or operated by the
grantee. If the cost-share is offered as part of a notice issued under s.
NR 151.09 or 151.095 or a local regulation, the
governmental unit may with prior department approval limit the on-site
assessments to parcels identified in the notice.
3. Document and convey the results to
landowners of the compliance status evaluation for the whole farm, by field or
parcel.
4. Document and keep office
records of changes in compliance status of cropland practices and livestock
facilities by parcel for recipients of cost sharing provided under this
chapter.
5. Inform landowners in
writing of requirements for continuing compliance maintenance of cropland
practices and livestock facilities that meet state standards and
prohibitions.
6. Conduct
enforcement activities consistent with the local authority identified as part
of the application materials for which the grant was awarded.
7. Provide assistance to the department as
requested to develop and issue notices under ss.
NR 151.09 and 151.095 and to develop and issue
letters explaining that the notice has been satisfied.
(k) For notice of discharge projects, conduct
the following activities in addition to technical and financial assistance:
1. For all notice of discharge categories:
a. Inform landowners and land operators of
performance standards and prohibitions.
b. Provide assistance to the department as
requested to develop and issue letters explaining that the notice has been
satisfied.
2. For
notices of discharge issued for category II unacceptable practices identified
in accordance with s.
NR 243.24(1) (b):
a. Inform landowners and land operators of
performance standards and prohibitions.
b. Document and keep office records of
changes in compliance status of livestock facilities by parcel for recipients
of cost sharing provided under this chapter.
c. Inform landowners in writing of
requirements for continuing compliance maintenance of livestock facilities that
meet state standards and prohibitions.
d. Provide assistance to the department as
requested to develop and issue letters explaining that the notice has been
satisfied.
(4) LOCAL GOVERNMENT AND STATE AGENCY RESPONSIBILITIES AS A COST-SHARE RECIPIENT. The governmental unit or state agency shall do all of the following as conditions of receiving a runoff management grant to perform work on lands the governmental unit or state agency owns or operates:
(a) Arrange funding for the
local share of any best management practice the governmental unit installs on
property it owns or controls.
(b)
Provide the department with verification of proper installation, operation and
maintenance of best management practices for which it is the cost-share
recipient.
(c) Prepare and maintain
adequate fiscal management and technical assistance files as described in s.
NR 153.29.
(d) Obtain prior written approval from the
department for use of runoff management grant funds for best management
practices installed on land owned or operated by the grantee.
(e) When installing best management
practices, the grantee shall do all of the following:
1. Submit to the department estimates of all
practice costs, eligible costs, ineligible costs, cost-share rates, and
estimated total cost-share amount.
2. Submit to the department a schedule of
installation and maintenance for the practices.
3. Submit to the department copies of all
professional service contracts, construction contracts, bid tabulations, force
account proposals, proposals, and other related information requested by the
department.
a. Professional service contracts
and construction contracts shall be submitted to the department for approval
before execution.
b. Force account
proposals shall be submitted to the department for approval prior to the
initiation of construction.
4. Repay the department the full amount of
funds received if the governmental unit fails to fulfill any terms of the
agreement, including failing to install, operate, and properly maintain the
practices included in the runoff management grant agreement or failure to
evaluate or monitor the project in accordance with the provisions of the runoff
management grant agreement.
5.
Submit a maintenance strategy for the practices.
6. Agree not to adopt any land use or
practice that reduces the effectiveness or defeats the purposes of the best
management practices.
7. Comply
with the requirements for cost-share agreements specified in s.
NR 153.22.
8.
Provide financial support towards the implementation of a project including:
a. Arrange funding for staff support
necessary to complete the project.
b. Arrange funding for the local share of any
best management practice the governmental unit installs on property it owns or
controls.
(5) OTHER GRANT PROVISIONS.
(a) The period in which cost-share agreements
may be signed through the runoff management grant agreement may not extend
beyond the runoff management grant period. For best management practices to be
eligible for cost sharing, the runoff management grant agreement shall be
signed prior to entering into a cost-share agreement.
(b) The grantee may use runoff management
grant funds to cover reasonable expenses necessary to secure refunds, rebates,
or credits described in s.
NR 153.28(3) when approved by the
department.
(c) The grantee may use
runoff management grant funds to acquire property as provided for in s.
NR 153.25.
(e) If the purpose of the project for which
the runoff management grant is provided is to require a landowner to comply
with performance standards or prohibitions under ch. NR 151, the governmental
unit shall assure that funding under the grant is used to make a cost share
offer that meets the requirements of s.
281.16(3) (e) and (4), Stats.
(f) The department may unilaterally reduce
the runoff management grant award for any of the following reasons, but may not
reduce the grant below the amount the grantee has committed in signed
cost-share agreements and contracts. The grantee shall provide an estimate of
unexpended grant funds at the request of the department.
1. The reduction is necessary to meet
budgetary limitations.
2. The
grantee has not met all conditions of the grant.
3. The grantee fails to meet a schedule
included in the grant for interim work products.
(g) For targeted runoff management projects,
if a grantee successfully meets the nonpoint source pollution reduction goals
in the project area without fully using the cost share award, the grantee may
with prior department approval use the remaining funds to control additional
nonpoint pollution sources in the project area.
(h) If the department has made a partial
grant award under s.
NR 153.20(3) (c), it shall consider the
following in determining whether to complete the grant award:
1. The availability of funds to complete the
grant award.
Note: Large-scale projects may require funds from more than one state budget. In such cases, the department must await subsequent budgets before completing the grant awards for on-going projects.
2. Project performance. The department may
terminate the grant if sufficient progress has not been made. Factors to be
included in considering project performance include commitment of cost share
resources, installation of best management practices, and reduction in nonpoint
source pollutant loads.
Cost-share resources are committed by signing cost share agreements, issuing offers of cost share under ss. NR 151.09 and 151.095, and making reimbursements for installed practices. Pollutant load reduction can be credited for installed best management practices regardless of whether the practice installation is cost shared using state funds as may have been originally intended.
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