Wis. Admin. Code Department of Natural Resources NR 153.19

Current through October 28, 2024
Section 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 that passes the eligibility screening under s. NR 153.18.
(a) The department shall develop an initial project score using the information submitted by the applicant under s. NR 153.17(6).
1. The department shall assign a sub-score to each of the application elements identified under s. NR 153.17(6). The initial project score shall be the sum of the sub-scores.
2. In determining the initial project score for small scale projects, the department shall give greatest weight to water quality need, extent of pollution control, and cost-effectiveness.
3. The department may establish minimum score requirements to identify projects that should be removed from further consideration.
(b) The department shall multiply the initial project score by a factor based on local enforcement authority to determine the final project score. The department shall determine the local enforcement factor in accordance with sub. (4).
(3) SCORING PROCEDURE FOR LARGE SCALE PROJECTS. The department shall use the procedure in this subsection to score any large scale project that passes the eligibility screening under s. NR 153.18.
(a) The department shall develop an initial project score using the information submitted by the applicant under s. NR 153.17(5).
(b) The department shall multiply the initial project score by a factor based on local enforcement authority to determine the final project score. The department shall determine the local enforcement factor in accordance with sub. (4).
(4) MULTIPLIERS FOR LOCAL ENFORCEMENT AUTHORITY.
(a) The department shall increase the initial project score in accordance with this subsection if there are local regulations adopted prior to application submittal that give local authority to enforce state performance standards and prohibitions. The result shall be the final project score.
(b) The department shall increase the initial project score in accordance with the following for projects that are agricultural in nature.
1. The department shall multiply the initial project score by a factor of 1.15 if the applicant certifies to the department that it has local authority to enforce all state agricultural performance standards and prohibitions at all sites within the local jurisdiction where such state agricultural performance standards and prohibitions apply.
2. The department shall adjust the enforcement multiplier based on the scope of the local ordinance coverage. Adjustments under this subdivision shall be made so that the multiplier is greater than 1.0 but less than 1.15 for instances where the local regulations cover some, but not all, of the state agricultural performance standards and prohibitions or where a local regulation is applicable to some, but not all, of the sites where the state agricultural performance standard or prohibition applies. The department may request that a copy of applicable ordinances be made available to the department for review in determining the enforcement multiplier.
3. The department may adjust the multiplier if the ordinance contains a variance clause that significantly reduces the effectiveness of the ordinance in achieving compliance with the state agricultural performance standards or prohibitions, or both.
4. If no multiplier is earned, the initial score shall be the final project score.
(c) The department shall increase the initial project score in accordance with the following for projects that are urban in nature:
1. The department shall multiply the initial project score by a factor of 1.15 if the applicant certifies to the department that it has local authority to enforce all state non-agricultural performance standards and prohibitions at all sites within the local jurisdiction where such state non-agricultural performance standards and prohibitions apply.
2. The department shall adjust the enforcement multiplier based on the scope of the local ordinance coverage. Adjustments under this subdivision shall be made so that the multiplier is greater than 1.0 but less than 1.15 for instances where the local regulations cover some, but not all, of the state non-agricultural performance standards and prohibitions or where a local regulation is applicable to some, but not all, of the sites where the state non-agricultural performance standard or prohibition applies. The department may request that a copy of applicable ordinances be made available to the department for review in determining the enforcement multiplier.
3. The department may adjust the multiplier if the ordinance contains a variance clause that significantly reduces the effectiveness of the ordinance in achieving compliance with performance standards.
4. If no multiplier is earned, the initial score shall be the final project score.
(d) If the department is required to assign a multiplier pursuant to this section and the project is not clearly rural or urban in nature, the department, in consultation with the applicant, shall choose and apply one of the multipliers in accordance with par. (b) or (c).

Wis. Admin. Code Department of Natural Resources NR 153.19

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.
Amended by, correction in (1) (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2018 No. 745, eff.2/1/2018