Section 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 153.14(2).(b) From the total budget available to fund targeted runoff management projects, the department shall create annual budget sub-allocations for each of the project categories the department intends to fund in the application cycle. Sub-allocations may change from year to year. The amount in each sub-allocation shall be based on the department's water quality goals and the quality of applications submitted.(c) Projects compete for funding only against other projects in the same category.(d) Within each category, the department shall place the projects on a statewide selection list. 1. For each small scale project category, the department shall use the following procedure to create the statewide selection lists:a. Identify the highest scoring project in each department region. Provided that the highest regional project score is equal to or greater than the median score for all qualifying applications submitted statewide, place the project with the highest regional score at the top of the statewide selection list. If the highest scoring project in the department region is less than the median for all qualifying applications, the project may not be moved to the top of the statewide selection list and shall be ranked with other projects in accordance with subd. 1. b. Note: This will increase the likelihood that at least one project from each department region will be at the top of the statewide selection lists for each small scale project category.
b. Following projects with the highest regional score, the department shall place all remaining eligible projects on the statewide selection list, in rank order from highest to lowest score.c. Projects shall be selected in order from the top to the bottom of the statewide selection lists until available funds have been allocated.2. For each large scale project category, the department shall use the following procedure to create the statewide selection lists: a. The department shall place all eligible projects on the statewide selection list, in rank order from highest to lowest score. There may be no regional adjustments in the ranking for large-scale projects.b. Projects shall be selected in order from the top to the bottom of the statewide selection lists until available funds have been allocated.3. Notwithstanding subds. 1. and 2., the department may do the following when selecting any small or large scale project for funding: a. Not select a higher scoring project in favor of funding a lower scoring project if federal funds are being allocated for the project, the higher scoring project is ineligible to receive the federal funds, and the lower scoring project is eligible to receive the federal funds. Note: There are geographic restrictions on the use of certain federal funds being used to support grant awards, such as those allocated to the state under section 319 of the Clean Water Act. In order to use the available federal funds, it may be necessary to leap-frog down the ranked list to match a project with the federal funds.
b. Establish a maximum total amount of funding that a grantee may receive in multiple grant awards in any one year. This amount may not exceed 20 percent of the grant funds available in the funding category or the maximum allowable funding amount allowed for a single project, whichever is greater. Projects on the ranked list whose selection for funding would exceed the allowable grantee total will be moved to the bottom of the list and funded only after all other eligible projects have been funded.c. Establish a maximum grant award that any single project can receive based on the amount of funding available and the funding demand in any year. For purposes of administering this subdivision paragraph for small scale projects, all management practices proposed on contiguous property shall be considered part of a single project regardless of whether the management practices are submitted on the same or separate project applications. In this subdivision paragraph, "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 non-contiguous.d. Offer reduced grants for projects that do not require minimum cost-sharing to meet the requirements of s. 281.16(3) (e), Stats. Reduced grant offers may be based on a reduction in the cost share rate or a reduction in the maximum project grant award amount. Note: This includes projects that are not being implemented to meet required state performance standards or prohibitions under ch. NR 151.
e. Offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if the partial funding is accepted.(e) The department shall notify the land and water conservation board of project scores and ranks no later than September 1 of each year.(f) Before November 1 of each year, the department shall also notify the land and water conservation board of the budget sub-allocations determined in accordance with par. (b) and the projects that it has identified and proposes to select for funding in the following calendar year.(g) After selecting projects for funding, the department shall notify applicants in writing of its intent to offer grant agreements for the selected projects. The department shall inform applicants if the location of the project indicates measures may be needed to address environmental contamination, potential negative impacts of the project on navigable waters, endangered, threatened, or wetland resources, historic properties, or historic places.(3) FUNDING. (a) The department shall, where practicable, issue grants to successful applicants by December 31 of each year for work that begins in the following calendar year. The department shall consider the factors in pars. (b) to (e) when determining final grant awards.(b) The department shall make adjustments to the requested grant amount if necessary to correct errors made by the applicant concerning eligibility of items for cost sharing and errors in cost-share rates used in developing the application.(c) For any large scale project, the department may make a partial grant award. The department shall complete the grant award based on availability of funds and project performance as defined under s. NR 153.21(5) (h) 2.(d) The department may offer an award of less than the amount requested if that is the only funding remaining. In these circumstances, the applicant is required to complete the project as specified in the application if partial funding is accepted.(e) If the department determines, following scoring, that a project may have unacceptable impacts on endangered, threatened, or wetland resources, historic places, or historic properties, or that it may expose environmental hazards at the project location, it may do any of the following:1. Decide not to provide a grant for the project.2. Place a condition on a grant requiring that the grantee take specific actions or develop a plan to reduce or eliminate the impacts of the project. Note: In addition, s. NR 154.04(2) (k) states that all required permits, including those mandated by the department, shall be obtained prior to installing a best management practice listed in this chapter.
(f) The department may fund, in a grant, activities needed to identify impacts on navigable waters, endangered, threatened, or wetland resources, historic places, or historic properties and actions needed to reduce or eliminate the impacts.(4) JOINT ALLOCATION PLAN. The department shall provide information to the department of agriculture, trade and consumer protection about grant decisions it has made under this section for incorporation into the joint allocation plan required under ss. 92.14(14) and 281.65(4) (pm), Stats. Note: The joint allocation plan is distributed to counties for review and comment and is submitted to the Wisconsin land and water conservation board which may make recommendations to the department of agriculture, trade and consumer protection on approval, modification, or disapproval. This process affords the affected public and the board an opportunity to make recommendations on items such as budget sub-allocations and project selections determined in accordance with the procedures set forth in the section.
(5) PROJECT SUBSTITUTION. (a) A grantee may request a substitution to a project selected under this section. The request may be to change best management practices or install the best management practices at an alternative location.(b) The grantee shall submit the request to the department prior to the end of the grant period. The grantee shall submit the substitution request on a form provided by the department. Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
(c) The department shall consider the substitution request and inform the grantee of its decision. The department may approve the substitution request only if all of the following criteria are met:1. The grantee provides a description and rationale for the substitution.2. The altered project meets project screening, minimum scoring, and local share requirements of this chapter.3. The altered project is cost-effective, will not increase the original grant award, and will achieve results substantially similar to those anticipated through the original project proposal.4. The altered project will affect the same hydrologic unit and water resources identified in the original application.5. There is sufficient time remaining to complete the revised project.6. The substitution will not result in removing a cost-share offer included in a notice that has been issued or is expected to be issued under s. NR 151.09 or 151.095.Wis. Admin. Code Department of Natural Resources NR 153.20
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.