reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter V - Technical Standards Development Process for Non-Agricultural Performance Standards › Section NR 151.30 - Purpose

Current through June 24, 2024
This subchapter specifies the process for developing and
					 disseminating technical standards to implement the performance standards in
					 subchs. III and IV, as authorized by s.
					 281.16(2)
					 (b), Stats., and establishes the procedures
					 that the department shall use to determine if technical standards adequately
					 and effectively implement, as appropriate, the performance standards in subchs.
					 III and IV. This subchapter applies to technical standards developed or
					 implemented by any agency of the state of Wisconsin.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter V - Technical Standards Development Process for Non-Agricultural Performance Standards › Section NR 151.32 - Dissemination of technical standards

Current through June 24, 2024
(1) Technical
				  standards developed or revised under this section may be made available through
				  the responsible state agency's appropriate rules, manuals or guidance in
				  keeping with normal publication schedules. If the responsible state agency does
				  not publish appropriate manuals or guidance, the department shall request the
				  agency provide the department with a copy of the technical standard. Where
				  provided, the department shall publish or reproduce the technical standard for
				  public use.
(2) The department
				  shall maintain a list of technical standards that it has determined adequate
				  and effective to implement the performance standards under subch. III or IV and
				  make the list available upon request.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 152 - Model Ordinances For Construction Site Erosion And Sediment Control And Post-Construction Storm Water Management › Section NR 152.01 - Purpose

Current through June 24, 2024
(1) This chapter includes 2 model ordinances
				that the department is required to prepare under s.
				281.33(4),
				Stats. One is a model ordinance for construction site erosion and sediment
				control. The other is a model ordinance for post-construction storm water
				management. The purpose of making these model ordinances available to local
				units of government is to secure so far as practicable the voluntary uniformity
				of local regulations regarding construction site erosion and sediment control
				and storm water management, to further the purpose of s.
				281.33(1),
				Stats., and to promote consistency with state non-agricultural performance
				standards authorized under s.
				281.16(2)
				(a), Stats. Ch. NR 152 Appendix A, contains
				the state model construction site erosion and sediment control zoning ordinance
				and ch. NR 152 Appendix B, contains the state model post-construction storm
				water management zoning ordinance.
(2) The department shall distribute a copy of
				the model construction site erosion and sediment control zoning ordinance or a
				copy of the model post-construction storm water management zoning ordinance, or
				both to any city, village, county or town that submits a request for the
				document, as required by s.
				281.33(4),
				Stats.
Adoption by a city, county, village or town of either model
					 ordinance in its entirety is voluntary. However, there are other administrative
					 rules, such as chs. NR 153 and 216, which require consistency of local
					 regulations with the performance standards of ch. NR 151. These performance
					 standards are incorporated in the model ordinances. Requests for printed or
					 electronic copies of the model ordinances may be submitted to the Wisconsin
					 Department of Natural Resources, Runoff Management Section, Box 7921, Madison,
					 WI 53707-7921.
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 153.10 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish the
				  administrative framework for the selection of all targeted runoff management
				  projects under s.
				  281.65(4c),
				  Stats., the selection of notice of discharge projects under s.
				  281.65(4e),
				  Stats., and implementation of these projects under s.
				  281.65,
				  Stats. This chapter promotes management of urban and rural nonpoint pollution
				  sources in critical geographic locations where nonpoint source related water
				  quality problems and threats are most severe and control is most feasible. This
				  chapter accelerates implementation of nonpoint source water pollution control
				  in areas where funding available through s.
				  92.14,
				  Stats., is inadequate to meet water quality goals.
The department will not use this chapter to administer
					 grants for activities required to comply with WPDES permit requirements of ch.
					 NR 216 or 243, except if the grant is provided to the city of Racine to comply
					 with municipal storm water permit requirements. Chapter
					 NR 155 is used by the department
					 to administer grants for both point source and nonpoint source projects in
					 urban areas as defined under s.
					 281.66(1)
					 (e), Stats. Projects that are located in
					 urban areas but are not required to comply with ch. NR 216 are eligible to
					 apply for funding under ch. NR 153 or 155, or
					 both.
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 153.11 - Applicability

Current through June 24, 2024
This chapter applies to all of the following:
(1) The department when acting to solicit and
				accept all targeted runoff management project applications, score applications
				and select projects, under s.
				281.65(4c),
				Stats., for funding under s.
				281.65,
				Stats.
(1m) The department when
				accepting applications, selecting and funding notice of discharge projects
				under s.
				281.65(4e),
				Stats.
(2) The department when
				acting to administer grants and the grant program under s.
				281.65,
				Stats., including when the department acts as the grantor of a runoff
				management grant agreement, grantor of a local assistance grant agreement or
				provider of a cost-share agreement to a governmental unit or a state
				agency.
(3) Governmental units when
				acting to submit applications to the department for projects under s.
				281.65(4c)
				or (4e), Stats., receive grants from the
				department for projects under s.
				281.65,
				Stats., and serve as cost-share providers to landowners, land operators or
				state agencies.
(4) State agencies,
				including the department, when acting as grant applicants, runoff management
				grantees or cost-share recipients.
(5) Landowners and land operators when acting
				as cost-share recipients.
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 153.13 - Eligible applicants

Current through June 24, 2024
(1) Governmental units and federally
				recognized tribal governing bodies are eligible to apply for and receive
				funding for projects administered under this chapter.
Note: A landowner or land operator that is not a governmental
				  unit may not apply directly to the department for a targeted runoff management
				  grant or a notice of discharge grant. However, a landowner or land operator may
				  enter into a cost-share agreement with a governmental unit to receive grant
				  funds awarded by the department under s.
				  NR
				  153.20 or
				  153.205.
(2) A state agency, including the department,
				may apply for a targeted runoff management project grant administered under
				this chapter for a project on land under state ownership or control if the
				project area is within the boundaries of a priority watershed or priority lake
				project. The department may apply for a grant to purchase an easement for a
				targeted runoff management project or a notice of discharge project located in
				a priority watershed or priority lake project. For purposes of this subsection,
				a priority watershed or priority lake project is considered to retain its
				project status through the end of the tenth year beyond the expiration date of
				the nonpoint source grant agreement entered into under s.
				NR
				120.12.
A state agency, including the department, may not apply
					 directly to the department for a targeted runoff management project grant if
					 the project area is located outside the boundaries of a priority watershed or
					 priority lake project. For work in these areas a state agency, including the
					 department, may only receive funds for a targeted runoff management project if
					 a governmental unit submits an application on its
					 behalf.
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 153.14 - Eligible targeted runoff management projects

Current through June 24, 2024
(1) APPLICABILITY .
				This section applies only to targeted runoff management projects.
(2) PROJECT CATEGORIES. The following four
				categories of targeted runoff management projects are eligible for funding
				under this chapter:
(a) Large-scale TMDL
				implementation project.
(b)
				Small-scale TMDL implementation project.
(c) Large-scale non-TMDL control
				project.
(d) Small-scale non-TMDL
				control project.
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 153.145 - Eligible notice of discharge projects

Current through June 24, 2024
(1) This section
				applies only to notice of discharge projects.
(2) Eligibility for funding under this
				section includes notice of discharge projects that implement best management
				practices for animal waste management at animal feeding operations for which
				the department has issued a notice required under s.
				281.65(4e),
				Stats. Notice of discharge projects shall be designed to meet the water quality
				goals established in s.
				281.65(4e),
				Stats.
The department may fund management practices to meet notice
					 of discharge requirements in two ways. It may fund required management
					 practices through a notice of discharge project authorized under s.
					 281.65(4e),
					 Stats. Alternatively, it may fund the required management practices under a
					 targeted runoff management project authorized under s.
					 281.65(4c),
					 Stats. This chapter establishes separate requirements and procedures for each
					 of these alternative funding
					 mechanisms.
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 153.17 - Targeted runoff management project application

Current through June 24, 2024
(1) APPLICABILITY.
				This section applies only to targeted runoff management projects.
(2) APPLICATION PROCESS.
(a) Subject to the availability of funds, the
				department shall do the following:
1. Solicit
				applications for projects to be funded under this chapter by providing the
				public with information that application materials are available upon request.
a. The department shall solicit applications
				for any small-scale project on an annual basis provided there is adequate
				funding available.
b. The
				department may solicit applications for any large-scale project on an annual or
				biennial basis depending on the availability of funds.
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 153.18 - Targeted runoff management project screening

Current through June 24, 2024
This section applies only to targeted runoff management
				  projects.
(1) The department may deny
				consideration of applications that are incomplete by the submittal deadline.
				The department may consider an application incomplete if the project proposal
				requires significant additional review to determine compliance with other state
				laws and the department determines that such reviews may significantly delay
				the project. State laws that the department may consider in determining if the
				application is incomplete include those to protect navigable waters, wetlands,
				historic places, historic properties, endangered resources, or threatened
				resources and laws for managing environmental hazards due to site
				contamination.
(2) The department
				shall screen each completed project application to determine if the project
				meets basic eligibility criteria for funding under this chapter. The department
				shall use the information required in s.
				NR
				153.17(4) to make this determination.
				The department shall remove from further consideration applications that fail
				to satisfy screening requirements and shall inform the applicant of this
				decision.
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 153.19 - Targeted runoff management project scoring

Current through June 24, 2024
(1) APPLICABILITY.
				This section applies only to targeted runoff management projects.
(2) SCORING PROCEDURE FOR SMALL SCALE
				PROJECTS. The department shall use the procedure in this subsection to score
				any small scale project that passes the eligibility screening under s.
				NR
				153.18.
(a) The
				department shall develop an initial project score using the information
				submitted by the applicant under s.
				NR
				153.17(6).
1. The department shall assign a sub-score to
				each of the application elements identified under s.
				NR
				153.17(6). The initial project score
				shall be the sum of the sub-scores.
2. In determining the initial project score
				for small scale projects, the department shall give greatest weight to water
				quality need, extent of pollution control, and cost-effectiveness.
3. The department may establish minimum score
				requirements to identify projects that should be removed from further
				consideration.
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 153.205 - Notice of discharge project application, selection and funding

Current through June 24, 2024
(1)
				APPLICABILITY. This section applies only to notice of discharge projects under
				s.
				NR
				153.145.
(2) APPLICATION PERIOD AND CONTENT.
(a) The department may accept notice of
				discharge project applications from governmental units on a continuous basis.
				Applications shall remain active for one year unless terminated by the
				applicant. After one year, the governmental unit shall resubmit the application
				in order for the application to remain active for the department's funding
				consideration.
(b) The department
				shall require that applications be submitted on forms provided by the
				department.
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.
(c) The application information
				shall include all of the following:
1. Name
				and address of the prospective cost-share recipient and project
				location.
2. Site map.
3. Size of livestock operation, in animal
				units.
4. Site history, description
				of discharge, and method of problem determination.
5. Extent and severity of the threat or
				impact to waters of the state and urgency of installing management
				measures.
6. Proposed management
				practices, estimated costs, and implementation timeline.
7. Concurrence from the department of natural
				resources that the site has been issued, or will be issued concurrent with the
				runoff management agreement, a notice under s.
				NR
				243.24.
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

Current through June 24, 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.
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 153.22 - Cost-share agreement

Current through June 24, 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.
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 153.23 - Cost containment

Current through June 24, 2024
(1) Governmental units as providers of
				cost-share agreements shall identify and agree to use one or more of the
				following cost containment procedures for each best management practice
				identified in the runoff management grant agreement.
(a)
Average cost.
Based on
				past cost information, a governmental unit determines an average cost per unit
				of materials and labor for the installation of a best management practice which
				may not be exceeded. A governmental unit may use its own experience, or
				information obtained from the department or other sources, to estimate typical
				costs.
(b)
Range of
				costs.
Based on past cost information, a governmental unit establishes
				a cost range for the installation of a best management practice. Eligible costs
				may not exceed the maximum cost of the range. A governmental unit may use its
				own experience, or information obtained from the department or other sources,
				to estimate typical costs.
(c)
Competitive bidding.
A governmental unit requires the
				landowner or land operator to request bids from contractors for the
				installation of a best management practice. The cost-share payment shall be
				calculated based on the lowest bid meeting acceptable qualifications. The
				governmental unit shall identify criteria for determining acceptable
				qualifications. The landowner or land operator may select a qualified
				contractor other than the low qualified bidder, but shall contribute 100% of
				the difference between the bids.
(d)
Maximum cost-share
				limit.
A governmental unit or the department establishes a maximum
				cost-share rate limit not to exceed the rates specified in ch. NR 154 for
				installation of a best management practice.
(e)
Force account.
A
				governmental unit hires or assigns its employees to install a best management
				practice for landowners and land operators if the employees are able to perform
				the work at a cost lower than the private sector.
(g)
Other cost containment
				procedures.
If a governmental unit determines another cost containment
				procedure would be at least as or more effective than the cost containment
				procedures described in this subsection, it shall include the alternative in
				the project application and the department shall include the alternative in the
				runoff management grant agreement.
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 153.25 - Property acquisition

Current through June 24, 2024
(1) ELIGIBLE ACTIVITIES. The department may
				provide funding to a governmental unit holding a runoff management grant
				agreement under s.
				NR
				153.21 for any of the following:
(a) Acquire land in fee or an easement
				identified in the grant application for the construction of a structural urban
				best management practice.
(b)
				Acquire land in fee or an easement identified in the grant application for land
				which is contributing or will contribute nonpoint source pollution. This
				includes property acquisition to support best management practices such as
				critical area stabilization, riparian buffers, wetland restoration and the
				abandonment or relocation of livestock and livestock facilities.
(c) Acquire land in fee or an easement to
				abandon or relocate livestock or livestock facilities provided that any of the
				following conditions are met:
1. The
				acquisition is an eligible best management practice.
2. If the acquisition amount is greater than
				the amount of funding required to install best management practices at the
				site, the acquisition may be selected as the cost-effective best management
				practice if the department concurs that the acquisition is justified based on
				the additional degree of water quality protection.
3. If the acquisition amount is less than the
				amount required to install best management practices and the landowner is
				unwilling to sell the property right, the department may use the acquisition
				amount as a cost-share ceiling on the cost of installing the best management
				practice.
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 153.26 - Local assistance grant agreement

Current through June 24, 2024
(1) The local
				assistance grant agreement is an agreement between the department and a state
				agency or governmental unit providing funds for activities to carry out the
				tasks identified in a project selected for funding under this chapter. A local
				assistance grant awarded under this section may be used for local project
				administration and management activities determined by the department to
				satisfy the requirements of s.
				281.65(4)
				(f), Stats.
(2) If the local assistance grant provides
				funding to accelerate implementation of best management practices within a
				priority watershed project, the department shall require that the funds be
				administered consistent with requirements of the approved priority watershed
				plan.
(3) All water tests that
				require laboratory analyses and which are part of the project shall be analyzed
				by a laboratory certified in accordance with ch. NR 149. In the event there is
				no certification available for the analyses to be conducted, the department
				shall approve the selection of a laboratory.
(4) Any grant provided for funding of a
				project that includes acquisition of physical, biological or chemical data may
				be conditioned to require implementation of a quality control and quality
				assurance plan approved by the department. The methods and procedures to be
				used in the project are subject to department approval.
(5) The department may only award a local
				assistance grant for the purpose of implementing a runoff management agreement
				under s.
				NR
				153.21.
(6) The grantee shall apply for local
				assistance grant funds using the application process under s.
				NR
				153.17.
(7) If a governmental unit contracts with a
				government agency or person to provide field, administrative, planning, or
				other services to carry out activities of the local assistance grant agreement,
				the contract shall be submitted to the department for review and approval prior
				to signing.
(8) The grant amount
				may be reduced by the department if the grantee has not met all conditions of
				the grant or grant amendment or has not expended all of the awarded funds by
				the end of the project period or if the grantee fails to meet a schedule
				included in the grant for interim work products. The grantee shall provide an
				estimate of unexpended funds at the request of the department.
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 153.27 - Procurement

Current through June 24, 2024
(1) PROFITS. Contractors for contracts under
				grants described in this chapter may earn only fair and reasonable profits.
				Profits included in a formally advertised, competitively bid, fixed price
				construction contract are presumed to be reasonable.
(2) RESPONSIBILITY. The governmental unit
				shall administer and successfully complete activities for which grant
				assistance under this chapter is awarded in accordance with sound business
				judgment and good administrative practice under state and local laws.
(3) GENERAL REQUIREMENTS FOR CONTRACTS.
				Contracts shall be all of the following:
(a)
				Necessary for and directly related to the accomplishment of activities
				necessary for the activity listed on the grant or grant amendment.
(b) In the form of a bilaterally executed
				written agreement for any professional services or construction
				activities.
(c) For monetary or
				in-kind consideration.
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 153.30 - Project evaluation and reporting

Current through June 24, 2024
(1) Grantees shall
				report to the department an annual accounting for accomplishments regarding its
				activities funded under the grant.
(2) The department may require more frequent
				reports than those required under sub. (1) from a grantee which document
				accomplishments regarding activities funded under the grant.
(3) The grantee shall submit a final report
				after project completion. At a minimum, the report shall include project
				evaluation and monitoring information consistent with the commitments made in
				the project application submitted under s.
				NR
				153.17. The department may require the grantee to
				submit other information in the final report.
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 153.31 - Variances

Current through June 24, 2024
The department may approve in writing a variance from a
				  requirement of this chapter upon written request from the grantee if the
				  department determines that a variance is essential to effect necessary grant
				  actions or water quality objectives and where special circumstances make a
				  variance in the best interest of the program. A grantee's written variance
				  request shall clearly explain the circumstances justifying the variance. Before
				  approving a variance, the department shall take into account factors such as
				  good cause, circumstances beyond the control of the grantee and financial
				  hardship. The department may not grant variances from statutory
				  requirements.
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 153.32 - Grant evaluation and enforcement

Current through June 24, 2024
(1) On an annual
				basis, the department shall evaluate the progress of projects. During the
				evaluation, the department shall examine the progress of the project toward
				project goals and water quality objectives specified in the grant application,
				grant or grant amendment. Upon consulting with the project sponsor, the
				department may take appropriate action to improve the progress of the project.
				Department action may include, but is not limited to, more frequent project
				evaluation, the use of interim project goals, changes to project funding, and
				the adoption of sanctions in sub. (2).
(2) The following sanctions may be imposed by
				the department for noncompliance with the provisions of s.
				281.65,
				Stats., this chapter or any grant agreement entered into or amended in
				accordance with this chapter:
(a) The grant
				may be terminated or annulled under sub. (4).
(b) Project costs directly related to
				noncompliance may be declared ineligible.
(c) Up to 10% of the payment otherwise due
				the grantee may be withheld if the conditions of par. (f) are met.
(d) Project work may be suspended under sub.
				(3).
(e) Other administrative or
				judicial remedies may be instituted as legally available and
				appropriate.
(f) The department may
				authorize the withholding or recovery of a grant payment if the department
				determines, in writing, that a grantee has failed to comply with project
				objectives, grant award conditions or reporting requirements or has not
				expended all funds it has received under this chapter on eligible activities.
				The department may recover payments made to grantees when it determines that
				the governmental unit will not complete the eligible activities on its grant
				within the current grant project budgeting period. Withholding and recovery
				shall be limited to only that amount necessary to assure compliance.
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 154.01 - Purpose and applicability

Current through June 24, 2024
(1) The purpose of
				this chapter is to identify best management practices, technical standards and
				cost-share conditions that apply to the department, state agencies,
				governmental units, the Board of Regents and cost-share recipients when serving
				to provide or receive cost-share funds under ch. NR 153 or 155. These
				provisions and provisions contained in chs.
				NR 153 and 155 shall be met in
				administering grants under chs.
				NR 153 and 155.
(2) The provisions of this chapter apply to
				cost-share agreements and grants signed after May 1, 2020, unless a waiver is
				granted by the department under s.
				281.65(4)
				(e), Stats.
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 154.04 - Best management practices, cost-share eligibility and standards

Current through June 24, 2024
(1) GENERAL
				APPLICABILITY.
(a) The best management
				practices, technical standards and cost-share eligibility conditions in this
				section may be used to achieve compliance with the performance standards under
				ch. NR 151 and shall be used, in conjunction with the other provisions of this
				chapter and chs.
				NR 153 and 155 to determine
				cost-share amounts.
(b)
				Inconsistencies between provisions concerning cost-share eligibility or
				cost-share conditions contained in portions of ch. ATCP 50 incorporated by
				reference into this section, and provisions concerning cost-share eligibility
				or cost-share conditions contained in ch. NR 153 or this chapter, shall be
				resolved in favor of the cost-share eligibility and cost-share conditions
				provisions in ch. NR 153 or this chapter.
(c) The cost-share conditions and standards
				for all best management practices listed in this chapter shall apply to all
				cost-share and grant agreements signed after May 1, 2020.
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 155.10 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish administrative
				  policies and procedures for a competitive grant program to abate urban nonpoint
				  source water pollution and storm water runoff, as authorized by s.
				  281.66,
				  Stats. This chapter promotes management of urban runoff from existing urban
				  areas, developing urban areas and areas of urban redevelopment. The goal of
				  urban runoff management in these areas is to achieve water quality standards,
				  minimize flooding, protect groundwater, coordinate urban nonpoint source
				  management activities with the municipal storm sewer discharge permit program
				  authorized under s.
				  283.33,
				  Stats., and implement non-agricultural nonpoint source performance standards
				  authorized under s.
				  281.16(2),
				  Stats.
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 155.11 - Applicability

Current through June 24, 2024
This chapter applies to all of the following when conducting
				  urban nonpoint source water pollution abatement and storm water management
				  activities authorized under s.
				  281.66,
				  Stats.:
(1) The department, when
				acting to solicit, accept and score urban runoff project applications and
				select urban runoff projects.
(2)
				The department when acting to administer grants and the grant program,
				including when the department acts as the grantor of runoff management grant
				agreements and local assistance grant agreements for urban runoff
				projects.
(3) Governmental units
				when acting to submit applications to the department for urban runoff projects,
				receive grants from the department for urban runoff projects and serve as
				cost-share providers to landowners and land operators in urban runoff
				projects.
(4) The Board of Regents,
				when acting as a grant applicant, runoff management grantee or a local
				assistance grantee for urban runoff projects.
(5) Landowners and land operators when acting
				as cost-share recipients in urban runoff projects.
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 155.13 - Eligible applicants

Current through June 24, 2024
(1) A governmental unit or a federally
				recognized tribal governing body is eligible to apply for and receive a runoff
				management grant and local assistance grant administered under this chapter if
				at least one of the following conditions is met:
(a) The grant application is for a local
				governmental unit having jurisdiction over the project area.
(b) The grant application is for a local
				governmental unit not having jurisdiction over the project area if both of the
				following conditions are met:
1. The local
				governmental unit is required to control storm water discharges under s.
				283.33,
				Stats.
2. Inter-governmental
				agreements are in place, or will be put in place, as needed to assure urban
				best management practices included on the grant are installed and
				maintained.
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 155.14 - Eligible projects

Current through June 24, 2024
(1) An eligible project is that specified in
				the scope of a runoff management grant agreement developed in accordance with
				s.
				NR
				155.21 or in the scope of a local assistance grant
				agreement developed in accordance with s.
				NR
				155.26. A project scope shall have a geographic
				component and a time component.
(a) The
				geographic component of the project scope may range from controlling pollution
				from a single source on a property to controlling multiple pollution sources
				within a specified drainage area.
(b) The time component of the project scope
				may last up to 2 years. The department may grant an extension of up to one year
				in accordance with s.
				NR
				155.21(2). Multiple projects can be
				conducted consecutively or simultaneously in the same project area.
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 155.17 - Project application

Current through June 24, 2024
(1) APPLICATION PROCESS.
(a) Subject to the availability of funds, the
				department shall:
1. Solicit applications for
				projects to be funded under this chapter by providing public notice that
				application materials are available upon request.
2. Distribute to any potential applicant that
				requests it a copy of the application, instructions for completing the
				application and guidelines that the department will use to score project
				applications.
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 155.18 - Project screening

Current through June 24, 2024
(1) The department may deny consideration of
				applications that are incomplete by the submittal deadline. The department may
				consider an application incomplete if the project proposal requires significant
				additional review to determine compliance with other state laws and the
				department determines that such reviews may significantly delay the project.
				State laws that the department may consider in determining if the application
				is incomplete include those to protect navigable waters, wetlands, historic
				places, historic properties, endangered resources or threatened
				resources.
(2) The department shall
				screen each completed project application to determine if the project meets
				basic eligibility criteria for funding under this chapter. The department shall
				use the information required in s.
				NR 155.17(2)
				(b) to make this determination. The
				department may consider an application incomplete if the project proposal
				requires significant additional review to determine compliance with other state
				laws, and the department determines that such reviews may significantly delay
				the project. State laws that the department may consider in determining if the
				application is incomplete include those to protect navigable waters, wetlands,
				historic places, historic properties, endangered resources, or threatened
				resources, and laws for managing environmental hazards due to site
				contamination.
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 155.19 - Project scoring

Current through June 24, 2024
(1) SCORING PROCEDURE. The department shall
				use the procedure in this subsection to score each project that passes the
				eligibility screening under s.
				NR 155.18.
(a) The department shall develop an initial
				project score using the information submitted by the applicant under s.
				NR 155.17(2)
				(c) and detailed scoring guidelines developed
				by the department. The department shall develop and maintain detailed scoring
				guidelines in accordance with sub. (2).
(b) The department shall evaluate the initial
				project component sub-score for each element of the project to determine if the
				project has overall viability. The department shall determine viability of the
				project in accordance with sub. (3). Projects considered to be non-viable shall
				be removed from further consideration.
(c) The department shall multiply the initial
				project score by a factor based on local implementation capability to determine
				the final project score. The department shall determine the local
				implementation factor in accordance with sub. (4).
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 155.20 - Project selection and funding

Current through June 24, 2024
(1) SELECTION.
(a) The department shall place all of the
				projects scored in accordance with s.
				NR
				155.19 on a statewide list in descending rank order
				according to the final project score. The department shall use the statewide
				ranked list, available budget and funding considerations in sub. (2) to select
				projects for funding.
(b) The
				projects shall be identified for funding by starting with the highest ranked
				projects on the statewide list and proceeding down the ranked list until
				available project funds have been allocated.
(c) Before November 1, the department shall
				select projects, based on the final project scores, for funding under this
				chapter for the following calendar year.
(d) After selecting projects for funding, the
				department shall notify applicants in writing of its intent to prepare grant
				documents for the selected projects.
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 155.21 - Runoff management grant agreement

Current through June 24, 2024
(1) PURPOSE.
(a) The department shall use the runoff
				management grant agreement to commit funds to a governmental unit or the Board
				of Regents for the purpose of implementing urban best management practices for
				a project selected under s.
				NR
				155.20.
Note:
In this situation, the department is a
				  grantor of funds to the governmental unit or Board of Regents. The governmental
				  unit or Board of Regents serves as a grantee in receiving funds from the
				  department. A governmental unit may also serve as a provider of those funds to
				  cost-share recipients such as landowners and land operators.
(b) The department may use the runoff
				management grant agreement in lieu of a cost-share agreement required under s.
				NR 155.22
				with a governmental unit or the Board of Regents for the installation of a
				urban best management practice on land the governmental unit or Board of
				Regents owns or operates. The department may also may use the runoff management
				grant agreement in lieu of a cost-share agreement required under s.
				NR 155.22
				with a governmental unit not having jurisdiction over the project area if the
				local government is required to control storm water discharges under s.
				283.33,
				Stats., provided that inter-governmental agreements are in place, or will be
				put in place, as needed to assure the measure is installed and maintained.
				Runoff management grant agreements used in lieu of cost-share agreements shall
				comply with the requirements of s.
				NR 155.22.
Note:
In this situation, the department is a
				  grantor of funds to the governmental unit or Board of Regents. The governmental
				  unit or Board of Regents receiving these funds serves as the
				  grantee.
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 155.22 - Cost-share agreement

Current through June 24, 2024
(1) PURPOSE OF AGREEMENT.
(a) The cost-share agreement is an agreement
				listing the urban best management practices and establishing the conditions and
				considerations under which a cost-share recipient agrees to install the
				practices listed.
(b) A local
				governmental unit shall use the cost-share agreement if serving as a cost-share
				provider to a landowner or land operator.
(c) For urban 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 urban best management
				practice installation is initiated.