Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 154 - Best Management Practices And Cost-Share Conditions
Section NR 154.03 - Cost-share rates

Universal Citation: WI Admin Code ยง NR 154.03

Current through August 26, 2024

(1) STATE COST-SHARE RATES.

(a) The cost-share rates in this section apply to eligible costs in projects funded under chs. NR 153 and 155 unless specified otherwise in this section.

(b) Except in cases of economic hardship, the maximum state cost-share rate for individual best management practices cost-shared in a targeted runoff management project under ch. NR 153 may not exceed 70%.

(c) The cost-share rates for best management practices implemented in an urban nonpoint source water pollution abatement and storm water management project under ch. NR 155 are as follows:
1. The cost-share rate may not exceed 70% of the eligible costs for individual best management practices committed on signed cost-share agreements or nonpoint source grants prior to October 29, 1999.

2. The cost-share rate may not exceed 50% of the eligible cost for individual best management practices committed on signed cost-share agreements or nonpoint source grants after October 29, 1999.

(d) The state cost-share rates for land acquisition, storm sewer rerouting and removal of structures necessary to install structural urban best management practices may not exceed 50% of the eligible costs.

(e) Cost-share funding authorized under s. 92.14, 281.65, 281.66 or 281.665, Stats., shall be considered part of the state rate.

(f) In cases of economic hardship, cost-share rates and flat rates in this section shall be increased in accordance with sub. (3), if the project is funded under ch. NR 153.

(g) The department may provide cost sharing up to the original cost-shared rate to replace an agricultural best management practice cost-shared under ch. NR 153, in accordance with s. NR 153.15(2) (b).

(h) The cost-share rates for agricultural best management practices on cost-share agreements funded under ch. NR 153 and signed prior to May 1, 2020, may be amended to use the rates identified in this section.

(i) The following conditions further specify eligibility criteria for cost-share reimbursements under this section:
1. Wildlife habitat recreation associated with implementation of contour farming and stripcropping funded under ch. NR 153 has a maximum state cost-share rate of 70%.

2. Flat rates identified under par. (j) may be used in lieu of calculating cost-share amounts for any project.

3. For the best management practice under s. NR 154.04(25), riparian buffers, a single payment in addition to installation costs may be made in accordance with the following:
a. For riparian buffers under s. NR 154.04(25), $500 per acre used for the buffer.

c. Payments under this subdivision are eligible only for acreage upon which a commodity crop was harvested in at least 2 of the 5 years prior to the signing of the cost-share agreement. The 2 years need not be consecutive if separated by non-grain portions of a normal crop rotation.

4. Cost-share payments for high residue management systems may not be made for more than a total of 4 years.

5. Cost-share payments for cover crop may not be made for more than a total of 4 years.

6. Cost-share payments for nutrient management may not be made for more than a total of 4 years.

7. Cost-share payments for pesticide management may not be made for more than a total of 4 years.

8. The maximum amount cost-shared for leases of manure storage tanks shall be 70% of the down payment and lease cost of the tank during the grant period of the watershed project.

(j) A governmental unit may use the following state cost-share rates per acre in lieu of the state cost-share percentage listed in this section:
1. $9.00 per acre for contour farming.

2. $13.50 per acre for strip cropping.

4. $18.50 per acre per year for high residue management systems.

5. $70.00 per acre per year for cover crop.

7. A governmental unit may establish a flat rate for cost-sharing critical area stabilization in order to simplify the administration of cost-share funding for this best management practice. The flat rate shall be calculated based on the cost-share rate, up to 70%, and the average cost of the practice.

8. $10.00 per acre for nutrient management plans.

(2) LOCAL SHARE.

(a) The local share of project costs for projects funded under ch. NR 153 or 155 may include funds from federal, local or private sources, or state sources not identified under sub. (1) (e).

(b) In-kind contributions of labor and material used directly in the installations of best management practices may be considered part of the local share of best management practice costs, if properly described and substantiated to the cost-share agreement grantor.

(c) The value of a conservation easement donated to the department, or to any person approved by the department under s. 281.65(8) (m), Stats., may be considered as a portion of or all of the landowner's or land operator's share of a cost-sharing grant.

(3) ECONOMIC HARDSHIP.

(a) The governmental unit submitting an application under s. NR 153.17 shall exceed the cost-share limits identified under sub. (1) if the landowner or land operator that will provide the local share of best management practice installation either meets the application and economic hardship requirements in this subsection or meets the application and economic hardship requirements in s. NR 120.18(4).

(b) The landowner or land operator shall submit an application to the governmental unit in accordance with this subsection in order to be considered for a determination of economic hardship. The governmental unit may not make a determination of economic hardship for cost-share purposes until it has received a completed application.

(c) The landowner or land operator shall include the following financial information and supporting documentation in the application:
1. A signed and notarized statement by a certified public accountant or accredited financial institution certifying that, based on a financial statement prepared according to generally accepted accounting principles that:
a. The landowner or land operator is unable to make the cost-share contribution normally required under sub. (2).

b. The landowner or land operator will be able to pay the balance of the cost to install the cost-shared practice if the landowner or land operator receives hardship cost sharing under par. (e).

2. A certification by the landowner or land operator in a sworn affidavit that the landowner or land operator has provided to the certified public accountant or accredited financial institution under this section a full and true disclosure of the landowner's or land operator's financial condition, including a copy of the landowner's or land operator's latest farm financial statement.

3. The department may require that it approve the method used by the certified public accountant or accredited financial institution under this paragraph.

(d) The governmental unit shall make a determination of economic hardship based on the recommendation of the certified public accountant or accredited financial institution on the application received in par. (c).

(e) If evidence of economic hardship is verified in accordance with the criteria in par. (c), the governmental unit shall increase the cost-share rate in accordance with this paragraph for all best management practices for which the landowner or land operator is eligible.
1. If the cost-share amount is based on a cost-share rate, the cost-share rate shall be increased so that the cost-share rate is not less than 70% and not greater than 90%.

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%.

(f) The governmental unit shall notify the department in writing when it has made a determination of economic hardship.

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