Section 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: (a) Large-scale TMDL implementation project.(b) Small-scale TMDL implementation project.(c) Large-scale non-TMDL control project.(d) Small-scale non-TMDL control project.(3) GENERAL ADMINISTRATIVE PROJECT CRITERIA FOR ALL PROJECTS. Any project funded under this section shall meet all of the following administrative criteria: (a) The project application submitted under s. NR 153.17 shall specify the watershed, sub-watershed, or specific site that will be served by the project.(b) The project shall be consistent with priorities identified by the department on a watershed or other geographic basis.(c) The project shall be consistent with the county land and water resources management plan approved under s. 92.10, Stats.(d) The project may not have been allocated full cost-share funding by the department of agriculture, trade and consumer protection under the joint allocation plan approved under ss. 92.14(14) and 281.65(4) (pm), Stats.(4) GENERAL WATER QUALITY CRITERIA FOR ALL PROJECTS. Any project funded under this section shall implement nonpoint source pollution control in an area that is a target area based on at least one of the following: (a) The need for compliance with performance standards established by the department in ch. NR 151.(b) The existence of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313(d) (1) (A).(c) The existence of outstanding or exceptional resource waters, as designated by the department under s. 281.15, Stats.(d) The existence of threats to public health.(e) The existence of an animal feeding operation that has received a notice of discharge under ch. NR 243 or a notice of intent to issue a notice of discharge.(f) Other water quality concerns of national or statewide importance as identified by the department in application materials.(5) LARGE-SCALE TMDL IMPLEMENTATION PROJECT ELIGIBILITY CRITERIA. Large-scale TMDL implementation projects shall meet the following specific criteria: (a) The project shall directly implement the pollutant-specific goals of either a draft TMDL, a US EPA-approved TMDL, a draft TMDL implementation plan, a department approved TMDL implementation plan, or an equivalent to any of the foregoing as identified by the department.(b) The project shall be designed to control the most critical nonpoint pollution sources within a designated watershed area. Note: The boundaries of the watershed area will be based on factors including the amount of funds available, the management needs identified in the TMDL and the management strategy set forth in the TMDL implementation plan.
(c) The project shall be limited to managing agricultural sources of nonpoint pollution.(d) The project shall focus on controlling those nonpoint pollution sources in the project area that are determined to be significant based on their relative contribution to the impairment and that can be cost-effectively controlled.(e) The intended project period may not exceed 3 years in duration, with the possibility of extension to 4 years if approved by the department.(6) SMALL-SCALE TMDL IMPLEMENTATION PROJECT ELIGIBILITY CRITERIA. Small-scale TMDL implementation projects shall meet the following specific criteria: (a) The project shall directly implement the pollutant-specific goals of either a draft TMDL, a US EPA-approved TMDL, a draft TMDL implementation plan, a department approved TMDL implementation plan, or an equivalent to any of the foregoing as identified by the department.(b) The project may focus on one or more sites or farms.(c) The project may address nonpoint pollution from either agricultural or urban sources.(d) The project shall focus on controlling those nonpoint pollution sources in the project area that are determined to be significant based on their relative contribution to the impairment and that can be cost-effectively controlled.(e) The intended project period may not exceed two years in duration, with the possibility of extension to 3 years if approved by the department.(7) LARGE-SCALE NON-TMDL CONTROL PROJECTS ELIGIBILITY CRITERIA. Large-scale non-TMDL control projects shall meet the following specific criteria: (a) The project shall implement water resource management goals included in a watershed plan or strategy acceptable to the department.(b) The project shall be designed to control the most critical nonpoint pollution sources within a designated watershed area. The designated watershed area shall be not less than 8 square miles nor more than 39 square miles in areal extent. Note: The Wisconsin Buffer Initiative finds that watersheds in this size range provide the best opportunity for cost-effectively solving surface water resource problems in threatened or partially degraded waters using agricultural nonpoint source pollution control best management practices. The Wisconsin Buffer Initiative is published by the University of Wisconsin College of Agricultural and Life Sciences. Copies are on file with the department and the secretary of state.
(c) The project shall be limited to managing agricultural sources of nonpoint pollution.(d) The project shall focus on controlling those nonpoint pollution sources in the project area that are determined to be significant based on their relative contribution to the impairment and that can be cost-effectively controlled.(e) The project shall focus on attainment of performance standards and prohibitions established by the department under s. 281.16(3), Stats.(f) The intended project period may not exceed 3 years in duration, with the possibility of extension to a fourth year if approved by the department.(8) SMALL-SCALE NON-TMDL CONTROL PROJECT ELIGIBILITY CRITERIA. Small-scale nonpoint source control projects shall meet the following specific criteria: (a) The project may focus on one or more sites or farms.(b) The project may address nonpoint pollution from either agricultural or urban sources.(c) Agricultural projects shall be designed to achieve attainment of agricultural performance standards and prohibitions established by the department under s. 281.16(3), Stats. Urban projects shall be designed to achieve attainment of non-agricultural performance standards established by the department under s. 281.16(2), Stats.(d) The intended project period may not exceed 2 years in duration, with the possibility of extension to 3 years if approved by the department.Wis. Admin. Code Department of Natural Resources NR 153.14
CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11; correction in (7) (title), (8) (title) made under s. 13.92(4) (b) 2, Stats., Register December 2010 No. 660.TMDL implementation projects contribute to the cost-effective removal of surface waters from the state's impaired waters list in a way that is consistent with TMDLs and TMDL implementation plans. The degree to which compliance with state performance standards and prohibitions is needed to address these impairments will vary by waterbody.
Non-TMDL control projects improve degraded surface waters (including surface waters on the section 303 (d) list that do not yet have TMDLs or TMDL implementation plans), to improve degraded groundwater and to protect threatened and high quality surface and ground waters from degradation. These projects achieve their goals by implementing state performance standards and prohibitions.
Large-scale projects and small-scale TMDL implementation projects set control priorities based on a watershed plan or other process to identify needs and cost-effective strategies. Small-scale non-TMDL control projects implement state performance standards and prohibitions wherever they may occur, leading to a general reduction in nonpoint source pollution.