Wis. Admin. Code Department of Natural Resources NR 120.02

Current through August 26, 2024

Section NR 120.02 - Definitions

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.

Wis. Admin. Code Department of Natural Resources NR 120.02

CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.