Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Anticipated cost-share reimbursement amount" or "ACRA" means the annual amount
				of cost-sharing funds that a project sponsor may receive from the department
				for a specific priority watershed or priority lake project under s.
				NR
				120.12.
(2) "Best management practice" as defined in
				s.
				281.65(2)
				(a), Stats., means a practice, technique or
				measure, except for dredging, which is determined to be an effective means of
				preventing or reducing pollutants generated from nonpoint sources, or from the
				sediments of inland lakes polluted by nonpoint sources, to a level compatible
				with water quality objectives established under this chapter and which does not
				have an adverse impact on fish and wildlife habitat. The practices, techniques
				or measures include land acquisition, storm sewer rerouting and the removal of
				structures necessary to install structural urban best management practices,
				facilities for the handling and treatment of milkhouse wastewater, repair of
				fences built using grants under this chapter and measures to prevent or reduce
				pollutants generated from mine tailings disposal sites for which the department
				has not approved a plan of operation under s.
				289.30,
				Stats.
(3) "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 which separates any part
				of the parcel from any other part does not render the parcel of land
				noncontiguous.
(4) "Core urban
				program activities" means those activities included in a discrete set of
				nonstructural management measures, identified jointly by the department and the
				governmental unit in the priority watershed or priority lake area plan, that
				are considered to be the minimum acceptable level of storm water
				management.
(5) "Cost-effective"
				means economical in terms of the tangible benefits produced by the money spent.
				Tangible benefits include pollution control, fish and wildlife habitat
				enhancement, enhancements to recreation, public safety, economical operation,
				economical maintenance and enhanced life expectancy of the best management
				practice.
(6) "Cost-share
				agreement" means the agreement established between the governmental unit and
				the cost-share recipient which identifies the best management practices to be
				used on the cost-share recipient's lands and the cost estimate, installation
				schedule and operation and maintenance requirements for these best management
				practices.
(7) "Critical sites" as
				described in s.
				281.65(4)
				(g) 8 am., Stats., means those sites that are
				significant sources of nonpoint source pollution upon which best management
				practices must be implemented in order to obtain a reasonable likelihood that
				the water quality objectives established in the priority watershed or priority
				lake plan can be achieved.
(8)
				"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.
(9) "DATCP" means the Wisconsin department of
				agriculture, trade and consumer protection.
(10) "Department" means the Wisconsin
				department of natural resources.
(11) "Designation of critical sites by
				criteria" means the description or means of identifying critical sites in the
				plan of a priority watershed or priority lake which may include estimations of
				pollutant contribution or other adverse impact on water quality.
(12) "Force account work" means the use of
				the governmental unit's own employees or equipment for construction,
				construction related activities, or repair or improvement to a best management
				practice.
(13) "Governmental unit"
				means any unit of government including, but not limited to, a county, city,
				village, town, metropolitan sewerage district created under ss.
				200.01
				to
				200.15 or
				200.21 to
				200.65,
				Stats., town sanitary district, public inland lake protection and
				rehabilitation district, regional planning commission or drainage district
				operating under ch. 89, 1961 Stats., or ch. 88, Stats. Governmental unit does
				not include the state or any state agency.
(14) "Grant period" means the time period
				during which governmental units are eligible to incur eligible costs and obtain
				departmental reimbursement for a watershed project.
(15) "Integrated resource management plan"
				means a plan for managing, protecting and enhancing ground and surface water
				quality which considers the interrelationship of water quality and land and
				water resources.
(16) "Interim best
				management practice" means a practice, technique or measure which is approved
				under s.
				NR
				120.15 as an effective means of preventing or reducing
				pollutants generated from nonpoint sources to a level compatible with water
				quality objectives and which does not have an adverse impact on fish and
				wildlife habitat.
(17) "Land
				conservation committee" means the committee created by a county board under s.
				92.06,
				Stats. "Land conservation committee" includes employees or agents of a county
				land conservation committee whom, with committee authorization, act on behalf
				of the committee.
(18) "Landowner"
				means any individual, partnership, corporation, municipality or person holding
				title to land.
(19) "Land operator"
				means any individual, partnership, corporation, municipality or person having
				possession of or holding a lease in land and is not a landowner.
(20) "Local share" means that portion of the
				best management practice installation cost that is not authorized for funding
				under s.
				92.14,
				281.65
				or
				281.66,
				Stats.
(21) "Maximum storage
				capacity" means the volume of water in acre-feet capable of being stored behind
				a dam at maximum water elevation before overtopping any part that is not part
				of the spillway system.
(22)
				"Milking center wastes" means all wastewater, cleaning ingredients, waste milk
				or other discharges from a milkhouse or milking parlor.
(23) "Municipal WPDES storm water discharge
				permit" means any permit issued to a municipality by the department under s.
				283.33(1),
				Stats., for the purpose of controlling storm water discharges owned or operated
				by a municipality.
(24) "Nonpoint
				source" means a land management activity which contributes to runoff, seepage
				or percolation which adversely affects or threatens the quality of waters of
				this state and which is not a point source under s.
				283.01(12),
				Stats.
(25) "Notification to
				landowner" means a certified letter sent by the department to inform landowners
				that one or more sites under their ownership have been verified as meeting the
				criteria for critical sites in accordance with the provisions of s.
				NR
				120.09.
(26) "NRCS" means the natural resources
				conservation service of the U.S. department of agriculture.
(27) "Operation and maintenance period" means
				the length of time a best management practice shall be operated and
				maintained.
(28) "Period of
				cost-sharing availability for critical sites" means the 36 month period
				identified in the notification of critical site designation to the landowner
				during which cost-sharing at the maximum rate allowed under s.
				NR 120.18 is
				available.
(29) "Priority lake
				area" means a hydrologic unit which drains to a lake or group of lakes and
				serves as the project boundary for watershed projects identified through the
				process stated in s.
				281.65(3m)
				(b), Stats.
(30) "Priority watershed" means a watershed
				or lake area which the department has identified through the continuing
				planning process under s.
				283.83,
				Stats., and which has been designated by the land and water conservation board
				under s.
				281.65(3m)
				(a), Stats., as a watershed where the need
				for nonpoint source water pollution abatement is most critical.
(31) "Priority watershed plan" means the
				detailed portion of the areawide water quality management plan prepared for
				priority watersheds as described in s.
				NR
				120.08.
(32) "Project completion" means the date on
				which a priority watershed project's nonpoint source grant has
				expired.
(33) "Project sponsor"
				means the governmental unit or state agency applying for and receiving grant
				assistance under s.
				281.65,
				Stats., and this chapter.
(34)
				"Segmented urban program activities" means those individual structural and
				non-structural management measures identified jointly by the department and the
				governmental unit within the priority watershed or priority lake area plan that
				are considered to be advanced storm water management activities.
(35) "Structural height" means the difference
				in elevation in feet between the point of lowest elevation of a dam before
				over-topping and the lowest elevation of the natural stream or lake bed at the
				downstream toe of the dam.
(36)
				"Structural urban best management practices" means detention basins, wet
				basins, infiltration basins and trenches and wetland basins.
(37) "Technical guide" means Section IV of
				the Wisconsin natural resources conservation service field office technical
				guide, published by the natural resources conservation service of the U.S.
				department of agriculture, which is incorporated by reference for this chapter.
Note: Copies of the technical guide are on file with the
				  department, the Secretary of State, and the Legislative Reference Bureau.
				  Copies of individual standards contained in the technical guide may be obtained
				  from the county land conservation committee or from a field office of the U.S.
				  Department of Agriculture, Natural Resources Conservation Service.
(38) "Urban best management
				practice" means a practice, technique or measure, except for dredging, which is
				determined to be an effective means of preventing or reducing urban runoff to a
				level compatible with water quality objectives established under this chapter
				and which does not have an adverse impact on fish and wildlife habitat. The
				practices, techniques or measures include source area, transport system and
				end-of-pipe measures designed to control storm water runoff rates, volumes and
				discharge quality, including structural urban best management practices and
				land acquisition, storm sewer rerouting and the removal of structures necessary
				to install structural urban best management practices.
(39) "Wetland" or "wetlands" has the meaning
				specified under s.
				23.32(1),
				Stats.