Wisconsin Administrative Code

NR 151.26 Enforcement. This subchapter shall be enforced as follows: (1) If a transportation facility that is exempt from prohibitions, permit or approval requirements by s. 30.2022 (1m), Stats., does not comply with the performance standards of this subchapter, the department sh…

NR 151.30 Purpose. 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 proce- 34 dures that the department shall us…

NR 151.31 Technical standards development process. (1) The department shall develop and revise technical standards to implement the performance standards in subchs. III and IV through a process outlined as follows: (a) The department may decide that a new or revised technical sta…

NR 151.32 Dissemination of technical standards. (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 sta…

NR 152.01 Purpose. (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 man…

NR 153.10 Purpose. 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…

NR 153.11 Applicability. 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, Stat…

NR 153.12 Definitions. In this chapter: (1) XAcquisition costY means the purchase price actually paid by the grantee and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, …

NR 153.13 Eligible applicants. (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 dire…

NR 153.14 Eligible targeted runoff management projects. (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: (…

NR 153.145 Eligible notice of discharge projects. (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 fee…

NR 153.15 Cost sharing for best management practices. (1) ELIGIBLE COSTS. (a) The department may provide cost sharing for the construction or implementation of best management practices in any project selected for funding under the chapter. The department may attribute design and…

NR 153.16 Aids for local assistance activities. (1) ELIGIBLE COSTS. (a) The department may provide cost sharing under s. NR 153.26 for local assistance activities conducted during the grant period in large-scale TMDL implementation projects and large-scale non-TMDL control projec…

NR 153.17 Targeted runoff management project application. (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 pro…

NR 153.18 Targeted runoff management project screening. This section applies only to targeted runoff management projects. (1) The department may deny consideration of applications the chapter was last published. 9 DEPARTMENT OF NATURAL RESOURCES that are incomplete by the submitt…

NR 153.19 Targeted runoff management project scoring. (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 th…

NR 153.20 Targeted runoff management project selection and funding. (1) APPLICABILITY. This section applies only to targeted runoff management projects. (2) SELECTION. (a) The department shall assign each project application to one of the four project categories identified in s. …

NR 153.205 Notice of discharge project application, selection and funding. (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 …

NR 153.21 Runoff management grant agreement. (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 153.2…

NR 153.22 Cost-share agreement. (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-shar…

NR 153.23 Cost containment. (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 cos…

NR 153.25 Property acquisition. (1) ELIGIBLE ACTIVThe 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 …

NR 153.26 Local assistance grant agreement. (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 chapte…

NR 153.27 Procurement. (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) RESPO…

NR 153.28 Grant reimbursement procedures. (1) RUNOFF MANAGEMENT GRANT AGREEMENTS. (a) State costshare funds may be used to share in the actual cost required for the installation of eligible best management practices identified in runoff management grant agreements described in s.…

NR 153.29 Records. (1) REQUIRED RECORDS. Each governmental unit serving as a runoff management grant grantee or as a cost-share agreement provider shall maintain a financial management system which adequately provides for all of the following: (a) Accurate, current and complete d…

NR 153.30 Project evaluation and reporting. (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…

NR 153.31 Variances. 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…

NR 153.32 Grant evaluation and enforcement. (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 app…

NR 154.01 Purpose and applicability. (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 servi…

NR 154.02 Definitions. As used in this chapter: (1) XBest management practiceY 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 no…

NR 154.03 Cost-share rates. (1) STATE COST-SHARE (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 f…

NR 154.04 Best management practices, cost-share eligibility and standards. (1) GENERAL APPLICABILITY. (a) The best management practices, technical standards and costshare eligibility conditions in this section may be used to achieve compliance with the performance standards under…

NR 155.10 Purpose. 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 urba…

NR 155.11 Applicability. 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 runof…

NR 155.12 Definitions. In this chapter: (1) XApplicantY means a governmental unit or Board of Regents when applying for a grant under this chapter. (2) XBoard of RegentsY means the Board of Regents of the University of Wisconsin System. NR 155.21 NR 155.22 NR 155.23 NR 155.25 NR …

NR 155.13 Eligible applicants. (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)…

NR 155.14 Eligible projects. (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 sh…

NR 155.15 Cost sharing for urban best management practices. (1) ELIGIBLE COSTS. (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 c…

NR 155.16 Aids for local assistance activities. (1) ELIGIBLE COSTS. (a) The department may provide cost sharing under s. NR 155.26 for activities in projects selected by the department under this chapter that are in an urban area or area expected to become urban within 20 years o…

NR 155.17 Project application. (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. Distri…

NR 155.18 Project screening. (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 …

NR 155.19 Project scoring. (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…

NR 155.20 Project selection and funding. (1) SE(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, availabl…

NR 155.21 Runoff management grant agreement. (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…

NR 155.22 Cost-share agreement. (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 l…

NR 155.23 Cost containment. (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 urban best management practice identified in the runoff management grant agreement: (a) Avera…

NR 155.25 Property acquisition. (1) ELIGIBLE ACTIVThe department may provide funding to a governmental unit holding a runoff management grant agreement under s. NR 155.21 to perform any of the following: (a) Acquire land in fee or an easement identified in the grant application f…

NR 155.26 Local assistance grant agreement. (1) The local assistance grant agreement is an agreement between the department and the Board of Regents or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this …

NR 155.27 Procurement. (1) PROFITS. Only fair and reasonable profits may be earned by contractors for contracts under grants described in this chapter. Profits included in a formally advertised, competitively bid, fixed price construction contract is presumed to be reasonable. (2…