Section 120.17. Cost-share eligibility.

 

(1)   Eligible best management practices . Best management practices listed in s. NR 154.04 that are installed and maintained to control the following nonpoint sources in accordance with the minimum conditions in ch. NR 154 are eligible for cost-share assistance under this chapter when addressing nonpoint sources of pollution in a watershed plan:

(a) Croplands and undeveloped rural lands.

(b) Non-agricultural pollution sources.

(c) Streambanks and shorelines.

(d) Livestock yards and manure management areas except those identified in sub. (2) (b) 1. to 2.

(e) Lake sediments.

(f) Other sources determined by the department to meet the objectives of the program.

(2)   Ineligible best management practices . The following practices, sources or activities are not eligible for cost-share assistance under this chapter:

(a) Best management practice installation, operation or maintenance started prior to the signing of the cost-share agreement.

(b) Activities requiring coverage under a WPDES permit including any of the following:

1. Activities at livestock operations with less than 1,000 animal units that have been issued a WPDES permit by the department under ch. 283 , Stats. In this paragraph, "livestock operation" has the meaning given in s. 281.16 (1) (c) , Stats. In this paragraph, "animal unit" has the meaning given in ch. NR 243 .

2. Activities at livestock operations that have, or will have within 12 months, at least 1,000 animal units and are required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) .

3. All other activities requiring coverage under a WPDES permit issued under chs. NR 200 to 240 and 245 to 299 .

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

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

(e) Active mining activities.

(f) Pollutant control measures needed during building and utility construction, and storm water management practices for new developments.

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

(h) The planting, growing and harvesting of trees associated with silviculture, except as necessary for site stabilization.

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

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

(k) Installing dams, pipes, conveyance systems and detention basins intended solely for flood control.

(L) Operation and maintenance of cost-shared practices.

(m) Practices other than those in s. NR 154.04 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock.

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

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

(p) Significant expansions of livestock operations that are not in compliance with agricultural performance standards under subch. II of ch. NR 151 . Significant expansions shall be determined using the criteria under par. (q) 2. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible.

(q) Practices needed to control sources that were adequately managed for the specific land use at the time of cost-share agreement signing, 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.

1. Changes that the department may consider significant and ineligible for cost sharing include significant increases in size of the livestock population, changes to more intensive cropping and other changes in land use or management which increase the pollutant loading counter to the water resource objectives in an approved areawide water quality management plan, priority watershed plan, county land and water resources management plan or performance standard for the area.

2. For purposes of this paragraph, the department shall use the criteria in this subdivision in determining whether the increase in the size of the livestock population is significant and ineligible for cost sharing. In this subdivision, "livestock population size" means the size of the livestock population, in animal units. In this subdivision, "base livestock population size" means the livestock population size determined when the department or governmental unit, including a county land conservation committee, visits the site and documents the size of the livestock population. In this subdivision, "animal unit" has the meaning given in ch. NR 243 .

a. If the base livestock population size is less than or equal to 250 animal units, that portion of the expansion that results in a livestock population size exceeding 300 animal units is considered to be significant and ineligible for cost sharing under this chapter.

b. If the base livestock population size is greater than 250 animal units but less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) , and the expanded livestock population size will be less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) , then that portion of the expansion that is greater than 20% of the base livestock population size is considered to be significant and ineligible for cost sharing under this chapter.

c. Any expansion to a base livestock population size that results in a livestock population size required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) is considered to be significant and ineligible for cost sharing under this chapter, and shall also render the base livestock population component ineligible for cost sharing in accordance with s. NR 153.15 (2) (f) 2.

d. The base livestock population and the portion of the expansion that is considered less than significant shall be eligible.

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

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

(t) Changes in crop rotation unless required as a component of practices in s. NR 154.04 (9) , (20) , (22) or (24) .

(u) Changes in location of unconfined manure stacks involving no capital cost.

(v) Purchase of nonstationary manure spreading equipment.

(w) Practices needed for land use changes during the cost-share agreement period.

(x) Urban nonpoint sources that must be controlled to meet the requirements of a municipal WPDES storm water discharge permit.

(y) Correcting overtopping of a manure storage facility.

(z) Moving a manure stack.

(za) Maintaining existing grass cover.

(zb) Installing or modifying an agricultural facility or practice which is required pursuant to a court order or court-ordered stipulation.

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

(3)   Demonstration projects . The department may establish alternative eligibility criteria for demonstration projects. With prior department approval, demonstration projects meeting these alternative criteria may be implemented during the grant period.

History: CR 00-028 : cr. Register September 2002 No. 561 , eff. 10-1-02; corrections in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561 ; correction in (2) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663 .

Note

The department may not provide cost sharing under this chapter for activities requiring coverage under a WPDES permit. This includes activities requiring permit coverage at livestock operations that are greater than or equal to 1,000 animal units in size or that will become greater than or equal to 1,000 animal units through an expansion. Microsoft Windows NT 6.1.7601 Service Pack 1