Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program
Section NR 155.15 - Cost sharing for urban best management practices

(a) The department may provide cost sharing for the construction of urban best management practices to abate urban runoff. Design and construction services are included as eligible components of the construction or implementation of the urban 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 155.27(4).

(b) Urban best management practices are eligible for cost-sharing when used to:

(c) Eligible costs include land acquisition, easements, storm sewer rerouting and removal of structures and associated flood management necessary to implement structural urban best management practices.

(d) An urban best management practice shall be included in ch. NR 154 or be available in accordance with the technical standards development and dissemination requirements of subch. V of ch. NR 151 to be considered eligible for cost sharing under this chapter.

(e) An urban best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, ch. NR 154, in a document identified or developed by a state agency in accordance with subch. V of ch. NR 151 or a runoff management grant agreement in order to be considered eligible for cost sharing under this chapter.

Note: Standards developed by the department are available from the department at (608) 267-7694.

(f) An urban 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 the Board of Regents in order to be considered eligible for cost sharing under this chapter.

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

(h) Urban best management practice costs shall meet requirements for use of bond-sourced funding to be eligible for funding from the appropriation under s. 20.866(2) (th), Stats.

(a) The replacement cost of any urban best management practice that is designed to achieve non-agricultural performance standards under subch. III or IV of ch. NR 151. The department may make an exception for an urban best management practice if the urban best management practice was constructed, and the design life of the urban best management practice expired prior to October 1, 2002.

(b) Operation and maintenance of urban best management practices.

(c) Best management practices needed to control sources of urban runoff that were adequately managed for the specific land use at the time the cost-share agreement or runoff management grant agreement is signed, including management of a source in compliance with performance standards, but that are producing an increased amount of pollutant loading to the surface water or groundwater due to the landowner's or land operator's significant changes in land management. Changes that the department may consider significant and ineligible for cost-sharing include those that create an increase in the urban runoff counter to the water resource objectives in an approved areawide water quality management plan, priority watershed or priority lake plan, county land and water resources management plan or performance standard for the area. In this paragraph, "approved areawide water quality management plan" means a plan, which has been adopted pursuant to ch. NR 121.

(d) Urban best management practice installation, started prior to the signing of a runoff management grant and, when required, a 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 is commenced prior to reimbursement.

(e) Activities covered by the WPDES permit program including those identified in chs. NR 200 to 299, except for municipal activities identified in sub. (1) carried out by the municipality to comply with municipal storm water permitting requirements under ch. NR 216.

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

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

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

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

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

(k) Installing dams, pipes, conveyance systems and urban best management practices, including storm sewer rerouting and land acquisition for structural urban best management practices, when intended solely for flood control. In this subsection, "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.

(L) Practices whose purpose is to accelerate or increase the drainage of land or wetlands, except where drainage is required as a component of an urban best management practice.

(m) Practices to control spills from commercial bulk storage of pesticides, fertilizers, petroleum and similar materials required by ch. ATCP 33 or other administrative rules.

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

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

(p) Urban best management practices located outside an eligible geographic area.

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

(r) Active mining activities.

(s) Urban best management practices that do not meet the eligibility criteria under sub. (1).

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

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

(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 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) 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 ch. NR 154 but that will contribute to achieving water quality goals.

(b) Requirements. The department may consider eligible for cost sharing best management practices, management measures, design criteria or standards and specifications other than those included in ch. NR 154 provided that all of the conditions in this paragraph are met.

(c) Time period. Department approval to use a practice, measure, standard or specification not included in ch. NR 154 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.