Section NR 155.21 - Runoff management grant agreement(1) PURPOSE. (a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or the Board of Regents for the purpose of implementing urban best management practices for a project selected under s. NR 155.20. Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents serves as a grantee in receiving funds from the department. A governmental unit may also serve as a provider of those funds to cost-share recipients such as landowners and land operators.
(b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit or the Board of Regents for the installation of a urban best management practice on land the governmental unit or Board of Regents owns or operates. The department may also may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 155.22 with a governmental unit not having jurisdiction over the project area if the local government is required to control storm water discharges under s. 283.33, Stats., provided that inter-governmental agreements are in place, or will be put in place, as needed to assure the measure is installed and maintained. Runoff management grant agreements used in lieu of cost-share agreements shall comply with the requirements of s. NR 155.22. Note: In this situation, the department is a grantor of funds to the governmental unit or Board of Regents. The governmental unit or Board of Regents receiving these funds serves as the grantee.
(2) GRANT PERIOD LENGTH. (a) The department may set the grant period for up to 2 years, except that the department may approve an extension for one year. The start of the grant period shall be that specified on the signed grant award.(b) To receive an extension, a grantee shall submit a written request to the department. The request shall meet all the following requirements: 1. Be received by the department prior to the expiration of the grant period.2. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.3. Specify the reasons which necessitate the grant extension which were beyond the control of the grantee.(3) LOCAL GOVERNMENT RESPONSIBILITIES AS A RUNOFF MANAGEMENT GRANTEE AND COST-SHARE PROVIDER. The department shall require the governmental unit to do all of the following as conditions of receiving a runoff management grant when the governmental unit will use the grant funds to provide cost sharing to landowners and land operators. (a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.(b) Enter into cost-share agreements with eligible recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.(c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in s. NR 155.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.(d) Provide the department with verification of proper installation, operation and maintenance of urban best management practices for cost-share agreements for which it is the cost-share provider.(e) Contact all landowners and land operators within the project area that are the target of technical assistance and cost-sharing under the grant.(f) Participate with the department in project reviews.(g) Enforce the terms and conditions of the cost-share agreement as described in s. NR 155.22.(4) LOCAL GOVERNMENT AND BOARD OF REGENTS RESPONSIBILITIES AS A COST-SHARE RECIPIENT. The department shall require the governmental unit and the Board of Regents to do all of the following as conditions of receiving a runoff management grant to perform work on lands the grant recipient owns, operates or otherwise controls in accordance with s. NR 155.13(1) (b). (a) Provide the department with verification of proper installation, operation and maintenance of urban best management practices for which it is the cost-share recipient.(b) Prepare and maintain adequate fiscal management and technical assistance files as described in s. NR 155.29.(c) Obtain prior written approval from the department for use of runoff management grant funds for urban best management practices installed on land owned or operated by the grantee.(d) When installing urban best management practices, the grantee shall do all of the following: 1. Submit to the department estimates of all practice costs, eligible costs, ineligible costs, cost-share rates and estimated total cost-share amount.2. Submit to the department a schedule of installation, operation and maintenance for the practices.3. Submit to the department copies of all professional service contracts, construction contracts, bid tabulations, force account proposals, designs, proposals, and other related information requested by the department.4. Repay the department the full amount of funds received if the grantee fails to fulfill any terms of the agreement, including failing to install, operate and properly maintain the practices included in the runoff management grant agreement or failure to evaluate or monitor the project in accordance with the provisions of the runoff management grant agreement.5. Submit an operation and maintenance strategy for the practices.6. Agree not to adopt any land use or practice that reduces the effectiveness or defeats the purposes of the urban best management practices.7. Comply with the requirements for cost-share agreements specified in s. NR 155.22.8. Provide financial support towards the implementation of a project including: a. Arrange funding for staff support necessary to complete the project.b. Arrange funding for the local share of any urban best management practice the grantee installs on property it owns or controls.(5) OTHER GRANT PROVISIONS. (a) The period in which cost-share agreements may be signed through the runoff management grant agreement may not extend beyond the runoff management grant period. For urban best management practices to be eligible for cost-sharing the runoff management grant agreement shall be signed prior to entering into a cost-share agreement.(b) The grantee may use runoff management grant funds to cover reasonable expenses necessary to secure refunds, rebates or credits described in s. NR 155.28(3) when approved by the department.(c) The grantee may use runoff management grant funds to acquire easements or acquire land as provided for in s. NR 155.25.(d) The department may unilaterally reduce the runoff management grant to the amount necessary to meet budgetary limitations. The runoff management grant may not be reduced below the amount the grantee has committed in signed cost-share agreements and contracts.(e) The runoff management grant amount may be reduced by the department if the grantee has not met all conditions of the grant or grant amendment or has not expended all of the previously awarded funds by the end of the project period, or if the grantee fails to meet a schedule included in the grant for interim work products. The grantee shall provide an estimate of unexpended grant funds at the request of the department.Wis. Admin. Code Department of Natural Resources NR 155.21
CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (2) (a), (b) (intro.), (4) (d) 3., cr. (2) (b) 3. Register December 2010 No. 660, eff. 1-1-11; correction in (5) (c) made under s. 13.92(4) (b) 7, Stats., Register December 2010 No. 660.Amended by, 2015 Wis. Act 330 s. 20: am. (1) (a), (b), (4) (intro.) Register April 2016 No. 724, eff.5/1/2016