Current through August 26, 2024
(1) PURPOSE OF AGREEMENT.
(a) The cost-share agreement is an agreement
listing the best management practices and establishing the conditions and
considerations under which a cost-share recipient agrees to install the
practices listed. The cost-share agreement may be used as an offer of cost
sharing in accordance with ss.
NR 151.09, 151.095, and 243.24(4) (b) 4.
(b) A local governmental unit
shall use the cost-share agreement if serving as a cost-share provider to a
landowner, land operator, or state agency.
(c) The department may use the runoff
management grant agreement in lieu of a cost-share agreement if it serves as a
grantor of funds to a governmental unit or state agency and the grant recipient
uses the funds to implement management practices on lands it owns or operates.
Runoff management grant agreements used in lieu of cost-share agreements shall
comply with the requirements in this section as well as those in s.
NR 153.21.
(d) For best management practices to be
eligible for cost sharing, the cost-share agreement shall be signed by the
cost-share provider and cost-share recipient before best management practice
installation is initiated.
(2) PARTIES TO THE AGREEMENT.
(a) The cost-share agreement shall be between
the governmental unit and the individual landowner, land operator or state
agency. Agreements with land operators shall be co-signed by the landowner
except in instances where the cost-share agreement contains no other practices
than those enumerated in sub. (6) (b) 1. If other practices are included in a
cost-share agreement amendment, the landowner shall co-sign the
amendment.
(b) Governmental units,
as cost-share agreement providers, shall enter into cost-share agreements only
during the period specified in the runoff management grant agreement.
(c) The cost-share agreement applies to all
contiguous sites under the same ownership. At the discretion of the
governmental unit, the cost-share agreement may also apply to noncontiguous
sites under the same ownership or operation in the watershed. In this
paragraph, "contiguous" means touching or sharing a common boundary with a
second parcel of land. A lake, river, stream, road, railroad or utility right
of way that separates any part of the parcel from any other part does not
render the parcel of land noncontiguous.
(d) A cost-share agreement may not be signed
with an individual whose name appears on the statewide support lien docket
under s.
49.854(2) (b), Stats., unless the individual submits to
the provider a payment agreement that has been approved by the county child
support agency under s.
59.53(5),
Stats., and that is consistent with rules promulgated under s.
49.858(2) (a), Stats.
(3) CONTENT OF THE AGREEMENT. The cost-share
agreement shall contain or describe:
(a) The
name and address of the cost-share recipient.
(b) The best management practices to be
applied and the cost-share rates for those practices that are to be cost
shared. The cost-share agreement shall require that all best management
practices listed on the cost-share agreement be implemented and maintained as a
condition of the agreement.
(c) The
estimated total practice cost, cost-share rate and estimated cost-share
amount.
(d) The installation
schedule for applying the cost-shared practices. The cost-share agreement shall
also require that the cost-share recipient comply with state performance
standards and prohibitions for existing cropland practices and livestock
facilities that do not require cost sharing under s.
NR 151.09 or 151.095. The cost-share provider may
limit this requirement to significant pollution sources with prior approval
from the department.
(e) A
statement of maintenance requirements.
(f) A prohibition against adopting any land
use or practice which defeats the purposes of the best management practices,
the cost-share agreement, or the runoff management grant agreement. This
includes a prohibition against any change in land use or management of a
cropland practice or livestock facility that leads to non-compliance with state
performance standards and prohibitions for a parcel where continuing compliance
with a state standard or prohibition is required under s.
NR 151.09(3) (b) or 151.095(4) (b). This
also requires meeting performance standards and prohibitions, without regard to
cost sharing, for all new cropland practices and livestock facilities. If such
a change in land use or management occurs, the landowner or land operator shall
control the source at the landowner or land operator's own expense or return
any cost-sharing funds awarded through the cost-share agreement to the
provider.
(g) A provision stating
that the governmental unit shall provide appropriate technical assistance
during the required operation and maintenance period of the best management
practices.
(h) A stipulation that
the cost-share recipient may not discriminate against a contractor on the basis
of age, sex, religion or other prohibited factor.
(i) A provision describing the procedure for
amendment.
(j) The location of the
land on which the cost-shared practice is to be installed, and a specific legal
description of the land if recording of the cost-share agreement is required
under sub. (10).
(l) A requirement
to amend the cost-share agreement if practices are added or deleted and to add
or delete practices only if they are consistent with the project grant
application.
(m) A statement that
any loss of cost sharing that results from a cost-share recipient's failure to
abide by the conditions of the cost-share agreement does not void the notice
issued under s.
NR 151.09, 151.095, or 243.24.
(n) A statement that partial or full release
from the cost-share agreement in accordance with this section does not void the
notice issued under s.
NR 151.09, 151.095, or 243.24.
Note: Compliance with conditions in a cost-share agreement
does not assure compliance with performance standards under ch. NR 151. For
example, the operation and maintenance period for purposes of cost sharing is
10 years for most practices. However, best management practices must be
maintained in perpetuity to comply with performance standards under ch. NR 151.
Under ch. NR 151, cost sharing must only be made available once to bring a
specific nonpoint source into compliance with the performance standard.
Continued cost sharing is not required to be made available and long-term
compliance with performance standards is the responsibility of the landowner or
operator, heirs or subsequent owners or operators. Chapters NR 151 and ATCP 50
identify when cost sharing is considered to be available for purposes of
required compliance with performance standards.
(o) A statement that the cost-share recipient
agrees to provide information related to cost sharing and work performed under
other federal, state, and local grant programs, if required by the cost share
provider to meet the reporting requirements of this chapter.
(p) The cost-share recipient shall allow the
governmental unit to conduct an inventory of the entire farm for compliance
with state performance standards and prohibitions as a condition of cost-share
eligibility.
(4)
DEPARTMENT APPROVAL. The governmental unit shall obtain prior department
approval when the total cost-share agreement amount, including amendments,
exceeds $50,000 in state share. The department shall consider the
cost-effectiveness of the best management practices and eligibility for cost
sharing under this chapter in making its decision whether to grant
approval.
(5) SUBMITTAL TO
DEPARTMENT. Unless required otherwise under sub. (4), the cost-share agreement
provider shall submit a copy of the cost-share agreement and amendments to the
department within 30 days of execution. The department may deny reimbursement
to the governmental unit for costs associated with the installation of a best
management practice not in conformance with the cost-share agreement, the
runoff management grant agreement or the project grant application.
(6) AGREEMENT PERIOD. The cost-share
agreement period shall be the period from the cost-share agreement signing to
the end of the operation and maintenance period.
(a) The period during which practices in a
signed cost-share agreement may be installed may not extend beyond the period
of the runoff management grant agreement for the project.
(b) For purposes of complying with the
cost-share agreement, the operation and maintenance period for a best
management practice begins when the best management practice installation is
complete and ends after the required operation and maintenance period has
expired. The operation and maintenance period for each cost-shared and not
cost-shared best management practice shall last for a minimum of 10 years
except that the operation and maintenance period shall last for a minimum of 15
years if a payment is made under s.
NR 154.03(1) (i)
3.
1.
Except if required as a component of another practice, the following practices
are required under the cost-share agreement to meet the maintenance requirement
only during the years for which cost sharing is received:
a. High residue management systems.
b. Nutrient management.
c. Pesticide management.
d. Cropland protection cover or green
manure.
2. If a practice
in subd. 1. is required as a component of another practice in ch. NR 154, the
operation and maintenance period for the component practice shall be the same
as the operation and maintenance period for the practice for which it is
required.
Note: Cost-share agreement operation and maintenance periods
are conditions of cost-sharing. Violation of operation and maintenance
requirements of cost-share agreements may result in recovery of cost-share
payments received by the cost-share recipient. There is a separate requirement
under ch. NR 151 that once a cropland practice or livestock facility is brought
into compliance with performance standards and prohibitions, compliance must be
maintained in perpetuity.
(7) FAILURE TO FULFILL AGREEMENT. If the
cost-share recipient fails to fulfill any terms of the cost-share agreement,
including failing to install, operate, and properly maintain the practices of
the agreement, cost-shared funds received by the cost-share recipient shall be
repaid to the governmental unit which is the provider of the agreement. The
provider shall forward the repayment to the department.
Note: Under s. NR 153.22(3) (m), loss of cost sharing that
results from failure to fulfill the agreement does not void the notice issued
under s.
NR 151.09, 151.095, or 243.24.
(8) INEFFECTIVE PRACTICES.
(a) If the practice becomes ineffective
either during the grant period of the runoff management grant agreement or
during the operation and maintenance period for the project, and the reason for
the practice becoming ineffective is beyond the control of the cost-share
recipient, the department may award a new grant agreement or amend and extend
the existing runoff management grant agreement to cost share the replacement of
the practice.
(b) An appropriate
operation and maintenance period for the replacement practice shall be
identified in the cost-share agreement.
(9) CHANGE IN OWNERSHIP. If a change in
ownership occurs during the cost-share agreement period or during the operation
and maintenance period of a practice, the new landowner shall be responsible
for fulfilling all conditions of the cost-share agreement. Upon receiving
written approval from the respective local governmental unit, the new landowner
may implement alternative approved best management practices provided that an
equal or greater level of pollution control is achieved.
(10) RECORDING OF COST-SHARE AGREEMENTS WITH
REGISTER OF DEEDS.
(a) The governmental unit
shall record the cost-share agreement and its amendments in the office of the
register of deeds for each county in which the property is located if the
cost-share agreement includes a riparian buffer, or payments under s.
NR 154.03(1) (i)
3., or if the total cost-share agreement
amount exceeds the following:
1. $10,000
prior to January 1, 2005.
2.
$12,000 after December 31, 2004 and prior to January 1, 2010.
3. $14,000 after December 31, 2009.
(b) The governmental unit shall
record these documents prior to making reimbursements to the landowner or land
operator.
(c) A cost-share
agreement may be exempt from the recording requirement if the cost-share
agreement contains no other practices than the following:
1. Contour farming.
2. Contour and field
strip-cropping.
3. Cropland
protection cover or green manure.
4. High residue management.
5. Nutrient management.
6. Pesticide management.
(11) RELEASE OF PROPERTY FROM
OBLIGATIONS OF COST-SHARE AGREEMENTS. At the request of the cost-share
recipient, a governmental unit may fully or partially release a property from
the obligations of the cost-share agreement provided that the governmental unit
has determined that the best management practices installed on the property
will be maintained or replaced with practices which will not increase the
pollutant loading to surface water or groundwater counter to the water resource
objectives of the grant application. If state dollars in excess of the amounts
enumerated under sub. (10) (a) have been expended for best management practices
that are located on the property to be released, the governmental unit shall
obtain written approval from the department before releasing the property from
the obligations of the cost-share agreement. The release form shall be obtained
from the department and filed with the cost-share agreement.
Note: Forms can be obtained from the department's Bureau of
Watershed Management or the department's Bureau of Community Financial
Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
Note: Under s. NR 153.22(3) (n), any release granted under
this subsection does not void the notice issued under s.
NR 151.09, 151.095, or 243.24.
(12) SATISFACTION OF COST-SHARE AGREEMENTS.
At the request of the cost-share recipient, the governmental unit may issue a
certificate of satisfaction provided the governmental unit has determined that
the cost-share recipient has met all of the obligations of the cost-share
agreement, including the operation and maintenance period. The satisfaction
shall be documented on a form provided by the department and filed with the
cost-share agreement. For cost-share agreements recorded with the register of
deeds under sub. (10), the satisfaction form shall be recorded in the office of
the register of deeds for each county in which the property is
located.
Forms can be obtained from the department's Bureau of
Watershed Management or the department's Bureau of Community Financial
Assistance, 101 S. Webster St., PO Box 7921, Madison, WI
53707-7921.
