Chapter NR 193

NR 193.51(1)(d) (d) Wetland restoration. Wetland restoration projects that will assist a grantee to restore or enhance a prior converted or existing wetland. Projects shall occur on hydric soils. A grantee shall implement best practices outlined in ch. ATCP 50 and follow the associated U.S. department of agriculture natural resources conservation service practice standards for Wisconsin for wetland restoration or enhancement. Eligible activities include drainage tile disablement, ditch plugs and fills, water level manipulation, and vegetation management and enhancement.

NR 193.51(2) (2) Wetland restoration incentives. Wetland restoration incentives, which are intended to support wetland restoration projects and are available to a grantee who has completed a comprehensive land use plan as defined in s. 66.1001 (1) (a), Stats., that includes a recommendation for wetland enhancement or restoration. Incentive grants of $10,000 each will be awarded to eligible recipients with no grantee match required. Funds awarded under this subsection shall be used for wetland restoration projects following standards outlined in sub. (1) (d). Eligible recipients shall include counties, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts, and other local governmental units. Qualified surface water management organizations and nonprofit conservation organizations are not eligible for grants under this subsection.

NR 193.51(3) (3) Management plan implementation. Management plan implementation projects, which protect or improve surface water or aquatic ecosystems by implementing one or more recommendations contained in a management plan and approved for eligibility by the department under s. NR 193.53. Eligible activities shall be those that are necessary to implement the approved recommendations. Once the department has approved a management plan recommendation and implementation project, the applicant may apply for grant funding. Eligible activities subject to approval include all of the following:

NR 193.51(3)(a) (a) Those that are eligible under sub. (1).

NR 193.51(3)(b) (b) Other watershed management and nonpoint source pollution prevention and control practices specified in ch. NR 120.

NR 193.51(3)(c) (c) Lake restoration activities where the department has determined that any of the following conditions exist:

NR 193.51(3)(c)1. 1. The external sources or causative factors of the problems to be remediated have been or very likely will be controlled to the best practical extent possible prior to or by the restoration activities.

NR 193.51(3)(c)2. 2. The proposed activities have a high likelihood of successfully meeting the management plan objectives or state water quality standards.

NR 193.51(3)(d) (d) Other activities approved by the department that implement one or more recommendations in a management plan, including any of the following:

NR 193.51(3)(d)1. 1. Management staffing grants to support implementation. Applications for management staffing grants shall include a position description including goals, objectives and tasks and the percentage of time assigned to each activity. For staffing requests of over 1,000 hours, the department may require annual or semi-annual performance reviews.

NR 193.51(3)(d)2. 2. Applied management studies that employ a research-based approach designed to improve the understanding and implementation of surface water management activities.

NR 193.51(3)(d)3. 3. Landowner incentive projects to encourage participation in surface water quality or aquatic habitat management activities. Incentive payments may include incentives for conservation best practices or participation incentives for landowners or businesses engaging in a department-approved initiative. Applications shall include a justification for payment or other incentives, a description of the payment process and documentation, and expected outcomes.

NR 193.51(4) (4) Ordinance development. Ordinance development projects, which assist a grantee with the development of local regulations or ordinances to protect or prevent degradation of water quality or aquatic life. Ordinance development projects shall include all of the following:

NR 193.51(4)(a) (a) The development of an ordinance that is presented for adoption by the grantee or another appropriate jurisdiction.

NR 193.51(4)(b) (b) An assessment of the administrative and enforcement capacity and costs to implement the ordinance.

NR 193.51 Note Note: Examples of ordinances include boating or other recreational use restrictions, stormwater management and land use ordinances.

NR 193.51 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (intro.), (a) (intro.), 3., (b) (intro.), (c), (d), (2), (3) (intro.), (4) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.52 NR 193.52 General requirements.

NR 193.52(1) (1) Applicability. Healthy Lakes and Rivers projects, shoreland protection projects, in-water management projects, wetland restoration projects, and wetland restoration incentives outlined in s. NR 193.51 (1) and (2) shall occur in one or more of the following locations:

NR 193.52(1)(a) (a) Within 1,000 feet of the ordinary high water mark of a lake.

NR 193.52(1)(b) (b) Within 300 feet of a river or to the landward side of the flood plain, whichever distance is greater.

NR 193.52(1)(c) (c) Within a wetland that is part of an aquatic ecosystem.

NR 193.52(2) (2) Project design plan. In addition to the application elements specified in subch. I, applications for a grant for a shoreland protection project, in-water management project, or wetland restoration project outlined in s. NR 193.51 (1) (b) to (d) shall be submitted with a project design plan that includes the following elements to be considered during application review and ranking:

NR 193.52(2)(a) (a) A project implementation timeline and a site map. Projects requiring design and engineering shall submit one or more additional supporting documents, including schematics, site plans, monitoring plan, monitoring schedule, landscape design, or vegetation planting lists.

NR 193.52(2)(b) (b) A maintenance plan describing how the project will be managed to maintain its conservation value.

NR 193.52(3) (3) Control of property. Unless the property is owned by the state, the grantee shall have control of the property, through ownership, easements, deed restrictions, or contracts such that the sites being restored with grant funds awarded under s. NR 193.51 (1) (b) to (d), and s. NR 193.51 (2) and (3) remain in conservation use for 20 years.

NR 193.52 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (2) (intro.), (3) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.53 NR 193.53 Eligibility for a management plan implementation project.

NR 193.53(1) (1) A grantee shall request from the department a determination of eligibility prior to applying for a management plan implementation grant awarded under s. NR 193.51 (3) or an aquatic invasive species control grant awarded under s. NR 193.63 (3) or (4), subject to the following:

NR 193.53(1)(a) (a) A request for an eligibility determination for a future grant cycle shall be made in writing at least 60 days prior to the grant application deadline.

NR 193.53(1)(b) (b) The request shall include a cover memorandum describing the activities proposed for grant funding, a complete copy of the management plan, the citation of the supporting recommendation in the plan, a description of the process the grantee used to provide the public the opportunity to review and comment on the plan, and a summary of any comments received.

NR 193.53 Note Note: The citation of a supporting recommendation in a plan may be specified using the page and line number or section where the recommendation occurs.

NR 193.53(2) (2) The department shall consider the request and may determine that none, some, or all of the recommendations or activities are eligible for a management grant. Once the department has approved one or more recommendations, an applicant is eligible to apply for a management plan implementation grant. When determining eligibility for a management plan implementation project, the department may do any of the following:

NR 193.53(2)(a) (a) Consider the extent to which the activities recommended in a plan are likely to do one or more of the following:

NR 193.53(2)(a)1. 1. Prevent the pollution of surface water.

NR 193.53(2)(a)2. 2. Protect surface water or aquatic ecosystems.

NR 193.53(2)(a)3. 3. Improve surface water or aquatic ecosystems.

NR 193.53(2)(b) (b) Consider the extent to which the content presented in the plan supports the implementation of the requested management activities or alternatives.

NR 193.53(2)(c) (c) Complete the review within 45 days of the receipt of the plan, at which point the department may request additional information or approve all, some, or none of the plan recommendations.

NR 193.53(2)(d) (d) Communicate the basis for denying the approval of any of the plan recommendations submitted for eligibility determination, in writing.

NR 193.53(3) (3) The department may consider the eligibility of management plan recommendations or activities under this section when they are contained in a current management plan. A current management plan will have a completion date of no more than 10 years prior to submittal under this section, notwithstanding aquatic plant management plans, which shall have a completion date of no more than 5 years prior to submittal under this section. The department may determine that a longer lifespan is appropriate for a given management plan if the applicant can demonstrate it has been actively implemented and updated during its lifespan.

NR 193.53 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (2) (intro.), (c) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.54 NR 193.54 Ineligible activities. Activities not eligible for funds awarded under this subchapter include those that are necessary to comply with a regulatory action, including wetland mitigation projects that implement the restoration, enhancement, or creation of wetlands or shoreline habitat to compensate for permitted adverse impacts to other wetlands or shoreline habitats, including the use of credits from a wetland mitigation bank; shoreland mitigation projects; AIS control and aquatic plant management projects; the installation of sanitary sewers; and the maintenance and operation of aeration systems, stormwater detention ponds and facilities, dams, sanitary sewers, or private onsite waste disposal systems.

NR 193.54 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

subch. V of ch. NR 193 Subchapter V — Aquatic Invasive Species Control

NR 193.60 NR 193.60 Purpose. The purpose of this subchapter is to establish procedures for awarding cost-sharing grants for integrated pest management of aquatic invasive species populations that threaten or cause adverse effects on surface waters and shorelands.

NR 193.60 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.61 NR 193.61 Definitions. In addition to definitions provided in s. NR 193.03, the following definitions apply to this subchapter:

NR 193.61(1) (1) “Established population” means a reproducing population of aquatic invasive species that is not a pioneer population.

NR 193.61(2) (2) “Integrated pest management strategy” means a pest management strategy consistent with s. NR 193.65 (1).

NR 193.61(3) (3) “Person” has the meaning given in s. 990.01 (26), Stats.

NR 193.61(4) (4) “Pioneer population” means a small population of an aquatic invasive species in the early stages of colonization whose presence has been verified within the past 5 years.

NR 193.61(5) (5) “Prohibited species” has the meaning given in s. NR 40.02 (41).

NR 193.61(6) (6) “Restricted species” has the meaning given in s. NR 40.02 (46).

NR 193.61(7) (7) “Verified” means for an aquatic invasive species to have been identified and had its location confirmed through the department’s verification and response protocol.

NR 193.61 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776.

NR 193.62 NR 193.62 Eligible grantees. In addition to the eligible grantees under subch. I, any person owning property on which a verified prohibited species occurs or who has a waterbody located entirely on their property in which a verified prohibited species occurs is eligible to apply for an Aquatic Invasive Species Control Grant under this subchapter.

NR 193.62 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.63 NR 193.63 Eligible projects.

NR 193.63(1) (1) Prevention. Prevention projects are intended to prevent the introduction of new invasive species to a waterbody or control the spread of invasive species among waterbodies. Eligible projects include:

NR 193.63(1)(a) (a) Watercraft inspection projects, which shall comply with all of the following:

NR 193.63(1)(a)1. 1. Watercraft inspectors shall be trained by attending a department-approved training workshop and receiving program materials approved by the department prior to the initiation of inspections.

NR 193.63(1)(a)2. 2. Trained inspectors shall conduct inspections of watercraft or equipment at waterbody access points. Watercraft inspectors shall collect and report data, provide education, and collect or report specimens that may be aquatic invasive species.

NR 193.63(1)(a)3. 3. Trained watercraft inspectors shall accumulate a minimum of 200 inspection hours. Hours may be spent at one waterbody access point or spent across 2 access points. Grantees shall prioritize spending grant-funded time when public activity on waterbodies is the highest, including weekends, holidays, fishing tournaments, and during other special events.

NR 193.63(1)(a)4. 4. Data collected through watercraft and equipment inspection shall be reported through the department’s statewide database. Data uploaded to the statewide database shall serve as progress reports and the final report required under s. NR 193.19.

NR 193.63 Note Note: “Clean Boats, Clean Waters” is the department-approved watercraft inspection program and the Surface Water Integrated Monitoring System is the department’s statewide database.

NR 193.63(1)(b) (b) Prevention projects intended to reduce the spread or risk of introduction of AIS as approved by the department. Eligible educational activities shall be limited to those that are directly related to the implementation of a prevention project funded under this subsection.

NR 193.63 Note Note: AIS Education grants available under this chapter are outlined in s. NR 193.31 (2).

NR 193.63(2) (2) Early detection and response projects. Early detection and response projects will assist applicants in the planning and management of verified populations of prohibited species and of verified pioneer populations of restricted species. Pioneer populations are in the early stages of colonization. The department may use best professional judgement, considering the population extent, abundance, and spatial distribution, to determine whether the population may be qualified as a pioneer population eligible for funding under this subsection. For rooted invasive aquatic plant species, a pioneer population is one that covers a small area, is typically sparse, and will have been verified during the preceding 5 years. A pioneer population will cover an area that is less than 3 acres in size or has colonized less than 3% of the habitable area of the lake, stream reach, or wetland, whichever is greater.

NR 193.63(2)(a) (a) For a restricted aquatic invasive species, one grant for any one population may be awarded for an early detection and response project under this section.

NR 193.63(2)(b) (b) The grant period for early detection and response projects shall begin on the date the project is authorized by the department.

NR 193.63(2)(c) (c) Projects may include work to develop a management plan, carrying out a department-approved watercraft inspection initiative in accordance with sub. (1) (a), the purchase of portable boat washing stations, and other activities approved by the department.

NR 193.63(2)(d) (d) Notwithstanding s. NR 193.65 (1), aquatic invasive species control activities proposed under this subprogram should be developed in coordination with the department and shall be subject to department approval considering the projected risks and likely outcomes of control activities. Eligible control activities are those that are likely to result in population removal or significant reduction such that the population may be managed in the future at a small size.

NR 193.63(2)(e) (e) The department may specify aquatic invasive species control measures and monitoring and reporting activities for a project funded with a grant awarded under this subsection.

NR 193.63(3) (3) Large-scale population management projects. Large-scale population management projects shall consist of aquatic invasive species control projects that will result in long-term, multi-season suppression of one or more established populations of aquatic invasive species in a substantial portion of a lake, stream reach, or wetland; or aquatic invasive species control projects that employ a strategic approach to address multiple populations within a defined region. Management projects shall implement activities recommended in a management plan following a determination of eligibility under s. NR 193.53.

NR 193.63(4) (4) Small-scale population management projects. Small-scale population management projects shall consist of aquatic invasive species control projects that will maintain low abundance or frequency of one or more small established aquatic invasive species populations or further reduce them in size. Grant funds awarded under this paragraph may be used to manage a small populations resulting from a successful large-scale population management project. Small-scale management projects shall implement management activities with the goal of continued suppression of the target species on a localized scale, where the management actions are unlikely to affect the entire lake, stream reach, or wetland. Management projects shall implement activities recommended in a management plan following a determination of eligibility under s. NR 193.53.

NR 193.63(5) (5) Research and demonstration projects. Aquatic invasive species research and demonstration projects are intended to be a cooperative activity between a grantee and the department. Such projects shall be designed to increase scientific understanding of the ecological and economic implications of aquatic invasive species and their management and to assess experimental and innovative techniques for their prevention, containment and control. Procedures for applications and grant awards include the following:

NR 193.63(5)(a) (a) Proposals for research projects shall include the goals and objectives of the project, a brief description of the methods for the project, the estimated costs and a timeline for completion of the project.

NR 193.63(5)(b) (b) The department may solicit research proposals through a request for proposal process.

NR 193.63(5)(c) (c) Prior to each biennium the department may consult with the invasive species council regarding priority aquatic invasive species research.

NR 193.63(5)(d) (d) The department has sole discretion to award a grant under this subprogram and will work with the grantee to develop a study design and grant application.

NR 193.63(5)(e) (e) No more than $500,000 shall be awarded annually for projects under this section.

NR 193.63 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) (intro.), (c), (e), (5) (a), (d) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.64 NR 193.64 Ineligible activities. Activities not eligible for grant funding under this subchapter include chemical treatment or mechanical harvesting of aquatic plants for the purpose of seasonal nuisance relief, management techniques that are not expected to result in effective control of the target species, or maintenance and operation of aeration systems or mechanical devices used to suppress aquatic plant growth. The department may deny a project if it determines the proposed management poses a significant risk to human health, nontarget organisms, or the environment or is determined to be inconsistent with the principles of an integrated pest management strategy as specified under s. NR 193.65 (1).

NR 193.64 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.65 NR 193.65 General conditions.

NR 193.65(1) (1) Integrated pest management. Projects funded with a grant awarded under this subchapter shall employ an integrated pest management strategy. Integrated pest management is an ecosystem-based management strategy that focuses on long-term suppression of pests or their damage and considers all of the available pest control practices. Integrated pest management projects shall be informed by current, comprehensive information on pest life cycles and the interactions among pests and the environment. A project that employs an integrated pest management strategy shall include more than one management practice.

NR 193.65(2) (2) Management practices. Practices eligible for inclusion in an integrated pest management strategy include prevention, biological control, biomanipulation, nutrient management, habitat manipulation, substantial modification of cultural practices, pesticide application, water level manipulation, mechanical removal, population monitoring, and other available pest control methods approved for grant-funded projects. Pesticide application may be approved only when other available pest control methods are considered and when pesticide applications are conducted with the goal of removing only the target species.

NR 193.65(3) (3) Monitoring and assessment. The department may require monitoring activities or an assessment of management outcomes as a condition of the grant award.