Chapter NR 193

NR 193.73(3) (3) Allocating funds to support the Lake Monitoring and Protection Network, subject to the following:

NR 193.73(3)(a) (a) The total amount of funding for each fiscal year may not exceed 25% of the total amount appropriated under s. 20.370 (6) (ar), (as), and (av), Stats.

NR 193.73(3)(b) (b) The department’s allocation plan will consider factors related to the need for network cooperative services provided under s. NR 193.75, including the quantity, type or condition of surface water resources, the amount of public access available, socioeconomic factors, or factors related to the presence or risk of spread of invasive species.

NR 193.73 Note Note: The allocation plan will be published in guidance on the Surface Water Grant Program website.

NR 193.73(4) (4) Annually assessing statewide lake monitoring and protection needs and entering into agreements with eligible cooperators to perform cooperative network services outlined in s. NR 193.75.

NR 193.73 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (3) (a) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.74 NR 193.74 Network services. A network cooperator shall enter into an agreement with the department to assist with the operation and maintenance of the Lake Monitoring and Protection Network. The agreement will include specification of the services to be rendered and other expectations that apply during the life of the agreement. Network cooperative services that may be provided under an agreement created under this subchapter include any of the following:

NR 193.74(1) (1) Training network participants and coordinating lake monitoring, aquatic invasive species monitoring, watercraft inspection, aquatic invasive species prevention programs, and entry of data into the department’s statewide database.

NR 193.74 Note Note: The department’s statewide database is the Surface Water Integrated Monitoring System.

NR 193.74(2) (2) Purchasing and distributing supplies and equipment necessary for network activities.

NR 193.74(3) (3) Providing shipping and handling of samples and specimens.

NR 193.74(4) (4) Entering data, using software or conducting other data management tasks necessary for managing network participants or tracking and reporting network activities.

NR 193.74(5) (5) Analyzing, reporting, and disseminating reports and results.

NR 193.74(6) (6) Providing technical assistance to a grantee or grant applicant for aquatic invasive species prevention and control.

NR 193.74(7) (7) Coordinating communication among network participants.

NR 193.74(8) (8) Increasing network coverage through education and outreach and expanding the capacity of network participants to conduct network activities.

NR 193.74(9) (9) Conducting any network activity outlined under s. NR 193.76.

NR 193.74(10) (10) Providing other services approved by the department.

NR 193.74 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.75 NR 193.75 Network participants.

NR 193.75(1) (1) Qualifications. A network participant is a person who volunteers or receives compensation to conduct network activities listed under s. NR 193.76 and who meets all of the following qualifications:

NR 193.75(1)(a) (a) The person is approved by the department or by a network coordinator to be a network participant. The decision to approve a network participant may be conditional on available resources and department monitoring priorities. A prospective network participant may seek approval by any of the following:

NR 193.75(1)(a)1. 1. Requesting participation in the citizen lake monitoring network from the water quality monitoring coordinator in writing, indicating the waterbody the participant is interested in monitoring and the type of monitoring the participant prefers to conduct, if applicable.

NR 193.75(1)(a)2. 2. Requesting participation in the department-approved watercraft inspection program from the watercraft inspection coordinator in writing, indicating the waterbody the participant is interested in monitoring, if applicable.

NR 193.75(1)(a)3. 3. Requesting participation in a capacity other than the foregoing from a network cooperator or the department in writing.

NR 193.75 Note Note: The water quality monitoring and watercraft inspection coordinators are statewide positions funded by the department and located at the College of Natural Resources, University of Wisconsin, Stevens Point, WI 54481-3897. The coordinators can be contacted by phone at [phone] or email at [e-mail].

NR 193.75(1)(b) (b) The person is registered with the department as a network participant and, if responsible for managing data, is also registered as a user of the department’s statewide database.

NR 193.75 Note Note: The department’s statewide database is the Surface Water Integrated Monitoring System.

NR 193.75(1)(c) (c) The person completes a department-approved training program for any network activities they are approved to carry out, including collecting, reporting, and interpreting water quality, aquatic invasive species, or watercraft inspection data.

NR 193.75(1)(d) (d) The person has completed a release of claims form 3200-101.

NR 193.75 Note Note: Form 3200-101 will be provided by the department at the completion of training.

NR 193.75(2) (2) Restrictions. The department may restrict network participants to include only those that satisfy the following conditions:

NR 193.75(2)(a) (a) Have access to the equipment necessary to carry out monitoring or prevention protocols.

NR 193.75(2)(b) (b) Have access to a computer with an internet connection capable of transmitting data.

NR 193.75(2)(c) (c) Have all safety equipment and training necessary to perform tasks in a safe manner.

NR 193.75(2)(d) (d) Meet performance and conduct standards that may be specified in the volunteer agreement or contract.

NR 193.75 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (d) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.76 NR 193.76 Network activities. Network participants will implement established lake monitoring and protection programs or employ other program-approved protocols to monitor and protect lake ecosystems. Network activities include any of the following:

NR 193.76(1) (1) Participating in the Citizen Lake Monitoring Network.

NR 193.76 Note Note: The Citizen Lake Monitoring Network collects data on water clarity, quality, chemistry, temperature, dissolved oxygen, aquatic life and aquatic invasive species.

NR 193.76(2) (2) Collecting and reporting other chemical, biological, or physical data on lakes and lake ecosystems, including data on water levels, lake ice extent and duration, aquatic life, and shoreline habitat conditions.

NR 193.76(3) (3) Early detection monitoring for aquatic invasive species.

NR 193.76(4) (4) Participating in a department-approved watercraft inspection program.

NR 193.76(5) (5) Participating in the purple loosestrife biocontrol program.

NR 193.76(6) (6) Participating in other aquatic invasive species prevention campaigns and lake protection activities as approved by the department.

NR 193.76 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

subch. VII of ch. NR 193 Subchapter VII — Land Acquisition

NR 193.80 NR 193.80 Purpose. The purpose of this subchapter is to establish procedures for the administration of grants for the acquisition of property in fee simple or for conservation easements, if the purchase will substantially contribute to the protection or improvement of the water quality of a lake or river or its natural ecosystem, as authorized in s. 281.71, Stats.

NR 193.80 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.81 NR 193.81 Applicability. This subchapter applies to eligible recipients as defined in s. 281.69 (3) (a), Stats., and s. 281.70 (4) (a), Stats., that wish to apply for grants for the acquisition of property in fee simple or for a conservation easement to protect or improve lakes, rivers, and their ecosystems.

NR 193.81 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.82 NR 193.82 Definitions. In addition to definitions provided in s. NR 193.03, the following definitions apply to this subchapter:

NR 193.82(1) (1) “Baseline document” means a document prepared under s. NR 193.85 (4) to serve as an objective information baseline for monitoring compliance with the terms of the conservation easement funded with a grant awarded under this chapter.

NR 193.82(2) (2) “Grantee acquisition match” means the dollar amount of the project cost not funded with a grant awarded under this subchapter.

NR 193.82(3) (3) “Land management plan” means a management plan approved in writing by the department detailing how a property acquired with funds granted under this chapter shall be managed, maintained and made available to the public.

NR 193.82(4) (4) “Parcel” means a tract of land.

NR 193.82(5) (5) “Subject property” means the property proposed for acquisition and funded in part by a grant awarded under this subchapter.

NR 193.82 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.83 NR 193.83 Eligible and ineligible projects.

NR 193.83(1) (1) Eligible projects. The department may award grants under this subchapter to eligible applicants for any of the following projects:

NR 193.83(1)(a) (a) The fee simple acquisition of all rights of a property that will protect the water quality or ecosystems of a lake or river, if the negotiations between the grantee and landowner were conducted on a willing seller-willing buyer basis.

NR 193.83(1)(b) (b) The purchase of perpetual conservation easements for some of the rights of a property that will protect the water quality or ecosystems of a lake or river if the negotiations between the grantee and landowner were conducted on a willing seller-willing buyer basis.

NR 193.83(2) (2) Ineligible projects. The department may not award grants under this subchapter for ineligible acquisition projects, including any of the following:

NR 193.83(2)(a) (a) The acquisition of property that is subject to a reversionary right or that has restrictions or covenants that would prevent the property from being managed for purposes consistent with this subchapter.

NR 193.83(2)(b) (b) The acquisition of property through condemnation.

NR 193.83(2)(c) (c) The acquisition of property where the negotiations between the grantee and landowner were not conducted on a willing seller-willing buyer basis.

NR 193.83(2)(d) (d) The acquisition of property on which a dam is located.

NR 193.83(2)(e) (e) The acquisition of property acquired more than one year before a land acquisition grant application is submitted to the department.

NR 193.83(2)(f) (f) The acquisition of property for which an environmental inspection report shows that the property contains undesirable environmental conditions or liabilities or potential liability or hazards that are unacceptable to the department.

NR 193.83(2)(g) (g) Projects that do not provide for public access to the property, unless the department determines that restricting access is necessary to protect wild animals, plants, or other natural features.

NR 193.83(2)(h) (h) Relocation costs.

NR 193.83 Note Note: Because the department requires willing seller-willing buyer negotiations, there is no use of eminent domain and there will be no need for relocation costs.

NR 193.83 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a), (b), (2) (a), (c), (g) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.84 NR 193.84 Grantee acquisition match.

NR 193.84(1) (1) The grantee shall pay a grantee acquisition match for a grant awarded under this subchapter amounting to at least 25% of the total project cost using funds not provided by the department. The grantee shall confer with the department if the grantee acquisition match includes federal funds or other state funds to determine applicability as grantee match.

NR 193.84(2) (2) Eligible sources of grantee acquisition match may include cash from the grantee; funds generated by local, non-department state or federal governments; grants or contributions from foundations, businesses, private individuals, or nonprofit organizations; property contributions from a third party if the contribution is made within 3 years of the acquisition of the property and is considered by the department to be eligible for a grant under the same program; property acquired by the grantee within 3 years of the acquisition if the property was not purchased with state funds and is considered by the department to be eligible for a grant under the same program; and property value donated by the property owner.

NR 193.84 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.85 NR 193.85 General grant conditions when land is acquired under this subchapter. In addition to the provisions specified in s. NR 193.13, the department may include conditions in a grant agreement related to any of the following:

NR 193.85(1) (1) Maximum grant awards. Maximum grant awards may be found in Table 1 in s. NR 193.05.

NR 193.85(2) (2) A requirement for the applicant to inform the landowner that the applicant may apply for a Surface Water Grant.

NR 193.85(3) (3) A requirement that the applicant receive approval from the local unit of government or tribe in which the land is located before land acquisition can occur.

NR 193.85(4) (4) A requirement for the grantee to prepare a land management plan.

NR 193.85(5) (5) A requirement for the grantee to notify the department if land uses are different from those in place at the time the grant was awarded.

NR 193.85(6) (6) The transfer of land ownership to the department if the grantee is dissolved or otherwise ceases to exist.

NR 193.85(7) (7) Grantee property maintenance and management expectations.

NR 193.85(8) (8) Limitations on a grantee’s ability to apply for future grants if the grantee is found to be in non-compliance.

NR 193.85(9) (9) Public access requirements.

NR 193.85(10) (10) A requirement that all other liens must subordinate to the department if grant funds are involved.

NR 193.85(11) (11) Expectations that the grantee and subsequent owners manage the property in accordance with all applicable state, local and federal laws, rules and regulations.