Chapter NR 129

NR 129.16   Ordinance adoption or amendment period.

NR 129.17   Grantee accountability.

NR 129.01 NR 129.01 Purpose. The purpose of this chapter is to establish rules under s. 87.31, Stats., for administration of the state grant program to provide financial assistance to counties, cities, and villages for topographical mapping of floodplain and shoreland areas to assist in the establishment and the administration of floodplain and shoreland zoning ordinances.

NR 129.01 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; am. Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.02 NR 129.02 Applicability. This chapter shall apply to all applications submitted for state grants for floodplain and shoreland mapping under s. 87.31, Stats.

NR 129.02 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; am. Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.03 NR 129.03 Definitions. For the purposes of this chapter:

NR 129.03(1) (1) “Approval” means the written approval of the department.

NR 129.03(2) (2) “Authorized representative” means the municipal official or employee designated by resolution of the governing body of a municipality to act on behalf of the municipality in obtaining a grant under this chapter.

NR 129.03(3) (3) “Detailed floodplain study” means a hydrologic and hydraulic analysis to determine the flood flow discharge for a given flood frequency and the resulting water surface profile of a watercourse.

NR 129.03(4) (4) “Department” means the department of natural resources.

NR 129.03(5) (5) “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow or rise of rivers, streams, or lakes.

NR 129.03(6) (6) “Floodplain” means the land which has been or may be hereafter covered by flood water during the regional flood. The floodplain includes the floodway and the flood fringe.

NR 129.03(7) (7) “Flood fringe” means that portion of the floodplain outside of the floodway, which is covered by flood waters during the regional flood, and is generally associated with standing water rather than rapidly flowing water.

NR 129.03(8) (8) “Floodplain management” means the full range of public policy and action for insuring wise use of floodplains. It includes everything from the collection and dissemination of flood control information to actual acquisition of floodplain lands and the enactment and administration of codes, ordinances and statutes for land use in the floodplain.

NR 129.03(9) (9) “Floodway” means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry and discharge the flood water or flood flows associated with the regional flood.

NR 129.03(10) (10) “High flood damage potential” means the potential for any danger to life or health and any significant economic loss to a structure or building or its contents.

NR 129.03(11) (11) “Municipality” means any county, city or village.

NR 129.03(12) (12) “Official floodplain zoning map” means the map or maps adopted by a county, city or village, approved by the department, referenced in an official floodplain zoning ordinance and used for regulatory purposes.

NR 129.03(13) (13) “Official shoreland zoning map” means the map or maps adopted by a county, approved by the department, referenced in the county’s official shoreland zoning ordinance and used for regulatory purposes.

NR 129.03(14) (14) “Regional flood” means the flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The regional flood is based upon a statistical analysis of streamflow records available for the watershed and/or an analysis of rainfall and runoff characteristics in the general watershed region. The flood frequency of the regional flood is once in every 100 years; this means that in any given year there is a 1% chance that the regional flood may occur. During a typical 30-year mortgage period, the regional flood has a 26% chance of occurring.

NR 129.03(15) (15) “Shoreland” means lands within the following distances from the ordinary high-water mark of navigable waters: 1000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

NR 129.03(16) (16) “Structure” means any public or private man-made object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed or lakebed.

NR 129.03(17) (17) “Topographic map” means a map representing a portion of the earth’s surface showing the culture, relief, hydrography, and vegetation.

NR 129.03(18) (18) “Water surface profile” means a graphical representation of the elevation of the water surface throughout a county, city or village based upon a certain flow passing through the river or stream. A water surface profile based upon flows occurring during a regional flood is used in regulating floodplain areas.

NR 129.03 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; am. (3) and (6) to (9), renum. (10) to (17) to be (11) to (18) and am. (12), (13), (15) and (18), cr. (10), Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.05 NR 129.05 Eligibility for a state grant.

NR 129.05(1) (1) Shoreland mapping grants. The following municipalities are eligible for a state grant for shoreland mapping:

NR 129.05(1)(a) (a) Counties which have a department-approved shoreland zoning ordinance in effect for the shoreland portion of the proposed project area.

NR 129.05(1)(b) (b) Counties which have, in the absence of an approved shoreland zoning ordinance in effect for the proposed project area, enacted a moratorium that prohibits all construction, filling and development in the shoreland portion of the proposed project area.

NR 129.05(2) (2) Floodplain mapping grants. The following municipalities are eligible for a state grant for floodplain mapping:

NR 129.05(2)(a) (a) Counties, cities and villages which have a department-approved floodplain zoning ordinance in effect for the floodplain portion of the proposed project area.

NR 129.05(2)(b) (b) Counties, cities and villages which have, in the absence of an approved floodplain zoning ordinance, enacted a moratorium that prohibits all construction, filling and development in the floodplain portion of the proposed project area.

NR 129.05 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; r. and recr. Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.06 NR 129.06 Eligible and ineligible costs.

NR 129.06(1) (1) Eligible costs.

NR 129.06(1)(a) (a) The following project costs, whether incurred under contract or in the form of salaries and benefits, are eligible if they are allocatable to the mapping of eligible project areas and are not ineligible under sub. (2):

NR 129.06(1)(a)1. 1. Control survey, including monumentation and identification, both horizontally and vertically, of U.S. public land survey section and 1/4 section corners, centers of sections and correction corners within the eligible project area:

NR 129.06(1)(a)2. 2. Aerial photography;

NR 129.06(1)(a)3. 3. Topographic mapping;

NR 129.06(1)(a)4. 4. Delineation of floodplain, floodway, and shoreland limits and annotation of other pertinent shoreland and floodplain data on the map sheets; and

NR 129.06(1)(a)5. 5. Verification of map accuracy.

NR 129.06(1)(b) (b) Eligible project areas are limited to the following:

NR 129.06(1)(b)1. 1. Any 1/64 section (nominally 10 acres) of the U.S. public land survey or, where another survey system has been used, any equivalent area of up to 10 acres, which contains a floodplain or shoreland area. The eligible project area shall be defined on a 71/2 minute series U.S. geological survey quadrangle map. If U.S.G.S. maps are unavailable, any suitable scale map which depicts the U.S. public land survey may be used. Any 1/64 section divided by a corporate boundary shall be considered eligible if it contains a floodplain or shoreland area.

NR 129.06(1)(b)2. 2. Areas within the jurisdiction of the municipality, including proposed project areas outside of a city or village if the area is subject to:

NR 129.06(1)(b)2.a. a. Annexation proceedings prior to the date of application;

NR 129.06(1)(b)2.b. b. Extraterritorial zoning; or

NR 129.06(1)(b)2.c. c. A county board resolution in which the county agrees to adopt, as part of the county’s official floodplain or shoreland zoning ordinance, the maps developed for areas outside of the city or village as a result of the grant.

NR 129.06(2) (2) Ineligible costs.

NR 129.06(2)(a) (a) The following costs are ineligible:

NR 129.06(2)(a)1. 1. Costs incurred prior to the state grant offer;

NR 129.06(2)(a)2. 2. Ordinary operating expenses and indirect costs incurred by the municipality;

NR 129.06(2)(a)3. 3. Costs for which there is no prior department approval of eligibility unless sub. (3) (c) applies;

NR 129.06(2)(a)4. 4. Costs for which payment has been or will be received under another state or federal cost sharing or grant program;

NR 129.06(2)(a)5. 5. Costs attributable to the correction of errors or deficiencies in the mapping due to the consultant’s failure to comply with contract specifications; and

NR 129.06(2)(a)6. 6. The cost of a detailed floodplain study.

NR 129.06(2)(b) (b) Where 2 foot, or less, contour interval mapping is available, the department may, in its discretion, declare that project area ineligible. In exercising this discretion, the department shall consider changes in land development conditions which may render existing mapping obsolete.

NR 129.06(3) (3) Allocation of costs. Total project costs may be allocated between eligible and ineligible project areas using one of the following methods:

NR 129.06(3)(a) (a) Unit cost method. When this method is used, individual work items are prorated between eligible and ineligible project areas based on an equal cost per unit area.

NR 129.06 Note Note: The following is an example of the calculation of an individual work item using the unit cost method: If the cost of aerial photography is $500.00 per square mile (640 acres), and there are 320 acres of eligible project area, the eligible project cost would be $500.00 × (320/640) = $250.00.

NR 129.06(3)(b) (b) Project cost method. When this method is used, eligible project costs are based on the total estimated cost of mapping only the eligible project area. Field work or data collection (e.g., ground control survey or aerial photography) outside the eligible project area may be eligible if it is necessary for the completion of the project. Projects using this method are required to submit the consultant’s fee schedule showing the breakdown of eligible work items.

NR 129.06(3)(c) (c) Original cost estimates based on either method may be increased, using the grant amendment procedure in s. NR 129.07 (2), if it is determined upon completion of the final maps that the actual eligible project area is significantly larger than the area originally estimated to be eligible.

NR 129.06 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; am. Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.07 NR 129.07 Grant awards.

NR 129.07(1) (1) General. Grant funds available under this program shall be allocated to those projects placed on a priority list, as determined by the criteria set forth in s. NR 129.08, in accordance with the following procedure:

NR 129.07(1)(a) (a) The department shall establish a priority list for the current fiscal year by March 1 for all applications submitted to the department by February 1 of that year.

NR 129.07(1)(b) (b) Grants shall be awarded by April 1 to applicants in the order that they appear on the priority list, based on the total individual points received under the criteria set forth in s. NR 129.08.

NR 129.07(1)(c) (c) All applications received after February 1 shall be included on the priority list for the next fiscal year.

NR 129.07(1)(d) (d) If there are insufficient funds to award grants to all eligible applicants in a given fiscal, those applications not funded will be included on the priority list for the next fiscal year unless the department receives notification that an applicant wishes to withdraw the application.

NR 129.07(2) (2) Amendments. Requests for additional funding, for the mapping of an eligible project area, necessitated by a change in the scope of work and requests for additional funding under s. NR 129.06 (3) (c) may be awarded by the department if unallocated funds remain for the fiscal year in which a grant amendment request is received. Such grant amendments shall be funded on a first-come, first-served basis. If no unallocated funds remain for that fiscal year, a grant amendment request shall be ranked on the priority list for the next fiscal year, according to the number of priority points assigned to the original application under s. NR 129.08.

NR 129.07 History History: Cr. Register, May, 1980, No. 293, eff. 6-1-80; am. Register, April, 1983, No. 328, eff. 5-1-83.

NR 129.08 NR 129.08 Criteria for priority ranking. The following criteria shall be used to rank proposed mapping projects for the purpose of determining funding priority:

NR 129.08(1) (1) Type of study or map information available:

NR 129.08(1)(a) (a) Detailed floodplain study in progress, 10 points;

NR 129.08(1)(b) (b) Detailed floodplain study completed, 8 points;

NR 129.08(1)(c) (c) Approximate floodplain study map (e.g., flood hazard boundary map or flood prone area map) or shoreland map is available, 2 points.

NR 129.08(2) (2) Flood damage potential (The estimate for flood damage potential shall be based on the total equalized assessed value of all structures in the floodplain area):

NR 129.08(2)(a) (a) $5,000,000 or more, 8 points;

NR 129.08(2)(b) (b) $2,500,000 or more, but less that $5,000,000, 6 points;

NR 129.08(2)(c) (c) $1,000,000 or more, but less than $2,500,000, 4 points;

NR 129.08(2)(d) (d) $500,000 or more but less than $1,000,000, 2 points;

NR 129.08(2)(e) (e) $250,000 or more but less than $500,000, 1 point;

NR 129.08(2)(f) (f) Less than $250,000, 0 points.

NR 129.08(3) (3) Potential for future development of floodplain or shoreland areas in the project area:

NR 129.08(3)(a) (a) High — evidenced by submission of a plat or plats, or application for 10 or more building permits in the preceding 2 years, or proposal for commercial development, 8 points;

NR 129.08(3)(b) (b) Moderate — evidenced by fewer than 10 applications for building permits in the preceding 2 years, 4 points;

NR 129.08(3)(c) (c) Low — No applications for building permits in the preceding 2 years, 0 points.

NR 129.08(4) (4) Availability of mapping data from other sources: Where the cost of the project can be reduced by utilizing existing data (e.g., aerial photography or ground control surveys acquired through a previous mapping project), additional points shall be as follows: