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 154.02 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "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 urban structural 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.
(2) "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.
(3) "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.
(4) "Cost-sharing" means
				the action of financing a best management practice, or conservation practice by
				means of a cost-share agreement.
(5) "Dam" means any artificial barrier in or
				across a waterway, which has the primary purpose of impounding or diverting
				water. "Dam" includes all appurtenant works, such as a dike, canal or
				powerhouse.
(6) "Department" means
				the Wisconsin department of natural resources.
(7) "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.
(8) "Landowner" means any individual,
				partnership, corporation, municipality or person holding title to
				land.
(9) "Land operator" means any
				individual, partnership, corporation, municipality or person having possession
				of or holding a lease in land and who is not a landowner.
(10) "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.
(11) "NRCS" means the
				natural resources conservation service of the U.S. department of
				agriculture.
(12) "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.
(13) "Project sponsor" means a governmental
				unit or state agency applying for and receiving grant assistance under s.
				281.65
				or
				281.66,
				Stats.
(14) "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.
(15) "Technical guide" means the NRCS field
				office technical guide, published by the NRCS, which is incorporated by
				reference for this chapter.
Note:
Copies of the technical guide are on file
				  with the department and the legislative reference bureau. Copies of individual
				  standards contained in the technical guide may be obtained from a county land
				  conservation department, an NRCS field office, or the national NRCS website at:
http://www.nrcs.usda.gov
, or the
				  Wisconsin NRCS website at:
http://www.wi.nrcs.usda.gov
.
(16) "Wetland" or "wetlands" has the meaning
				specified under s.
				23.32(1),
				Stats.
(17) "WPDES permit" means a
				ch. 283, Stats., Wisconsin pollutant discharge elimination system
				permit.