Chapter NR 7

NR 7.04(2)(c) (c) Expenditures for the acquisition of aids to navigation or regulatory markers made prior to entering a project agreement may be reimbursed by the department.

NR 7.04(3) (3) A request for a project extension shall be submitted prior to the project termination date.

NR 7.04(4) (4) All payments are contingent upon final audit. All financial records, including all documentation to support entries in the accounting records to substantiate changes for each project, shall be kept available by sponsors for review by state officials for a period of 3 years after final payment.

NR 7.04(5) (5) Grants of financial assistance for recreational boating facilities shall be consistent with the provisions of ss. NR 1.90 and 1.91.

NR 7.04(6) (6) Prior to project review by the commission, the sponsor shall have obtained all permits required under ch. 30, Stats., and s. 281.17 (2), Stats.

NR 7.04(7) (7) Sponsors shall comply with all applicable state and federal regulations regarding bidding and awarding contracts, wage and labor rates, access for individuals with disabilities, flood disaster protection, environmental quality and historical preservation.

NR 7.04(8) (8) 

NR 7.04(8)(a) (a) Sites to be developed with recreational boating facilities funds shall be owned in fee simple by a sponsor or the sponsor shall hold a lease or easement for the site. When a site to be developed is leased or subject to an easement, the degree of control over the site by the sponsor and the period of time that the lease or easement continues shall be factors in determining the amount of recreational boating facilities funds to be granted to the project. The minimum length of the lease or easement shall not be less than 20 years and shall include the right to construct, operate and maintain a recreational boating facility.

NR 7.04(8)(b) (b) The total amount of assistance from the recreational boating facilities program and other state or federal funds for projects on lands owned by the department and leased or for which the department has entered an agreement or lease with a sponsor to develop and maintain a recreational boating facility may not exceed 90% of the eligible project costs. No more than 50% of the eligible project costs may be funded with recreational boating facilities monies.

NR 7.04(9) (9) Pursuant to s. 30.92 (4) (b) 2m., Stats., the substantiated value of in-kind contributions or donated money, materials, equipment, services or labor may be used as all or part of the sponsor’s share of the project cost subject to all of the following:

NR 7.04(9)(a) (a) All sources of sponsor match shall be indicated when the application for a grant is submitted.

NR 7.04(9)(b) (b) The value of in-kind contributions is what the sponsor would have to pay for similar services, materials, equipment or labor based on existing contracts, schedules or on the open market.

NR 7.04(9)(c) (c) The maximum value of donated labor shall be $6.00 per hour.

NR 7.04(9)(d) (d) The value of donated equipment shall conform to the Wisconsin department of transportation county highway rates for equipment.

NR 7.04 Note Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.

NR 7.04(9)(e) (e) The value of donated materials and services shall conform to market rates and be established by invoice.

NR 7.04(10) (10) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.

NR 7.04(11) (11) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.

NR 7.04(12) (12) The department may approve, with the concurrence of the commission, variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that a variance is essential to effect necessary grant actions or program objectives, and where special circumstances make a variance in the best interest of the program. Before granting a variance, the department shall take into consideration such factors as good cause and circumstances beyond the control of the sponsor.

NR 7.04(13) (13) Sponsors shall agree to operate and provide adequate maintenance of facilities and projects assisted with recreational boating facilities funds.

NR 7.04(14) (14) Recreational boating facilities developed under this chapter may not be converted to other uses without prior approval of the department.

NR 7.04(15) (15) The actual costs of force account labor and equipment is eligible. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.

NR 7.04(16) (16) Fifty percent of the financial assistance grant amount may be paid to a sponsor at the time of project approval, if requested. 

NR 7.04 Note Note: This applies only to grant contracts executed after April 1, 1997.

NR 7.04 History History: Cr. Register, December, 1986, No. 372, eff. 1-1-87; renum. (2) to be (2) (a) and am., cr. (2) (b), (c), (5) to (15), am. (4), Register, January, 1993, No. 445, eff. 2-1-93; am. (2) (b), (5), r. and recr. (9), cr. (16), Register, March, 1997, No. 495, eff. 4-1-97; CR 00-112: am. (6) and r. and recr. (9), Register November 2001 No. 551, eff. 12-1-01.

NR 7.045 NR 7.045 Qualified lake associations.

NR 7.045(1) (1) Applications from qualified lake associations shall consist of an organizational application and a project application. The organizational application shall include the following:

NR 7.045(1)(a) (a) Name and address of the lake association.

NR 7.045(1)(b) (b) Copy of the lake association by-laws or articles of incorporation.

NR 7.045(1)(c) (c) A resolution adopted by the governing body of the lake association:

NR 7.045(1)(c)1. 1. Authorizing a representative to apply for grants on their behalf, sign documents and take necessary action to undertake, direct and complete the approved project.

NR 7.045(1)(c)2. 2. Verifying that the association has sufficient funds to complete the project.

NR 7.045(1)(d) (d) A general description of the association including the number of members, frequency of meetings, membership qualifications and fees, age of association, purpose of the association, and a list of projects completed by the association in the last 3 years, if any.

NR 7.045 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93.

NR 7.05 NR 7.05 Eligible projects. Projects eligible for funding under this section consist of:

NR 7.05(1) (1) Facilities such as ramps and boarding docks required to gain access to the water.

NR 7.05(2) (2) Structures such as bulkheads and breakwaters necessary to provide safe water conditions for boaters.

NR 7.05(3) (3) Activities such as dredging of launch basins and harbors of refuge to provide safe water depths for recreational boating. Dredging of launch basins or harbors of refuge is an eligible project only when it is associated with project development at the project site. Maintenance dredging of launch basins and harbors of refuge is not an eligible item for funding.

NR 7.05(4) (4) Support facilities including parking lots, signs, sanitary facilities, fencing or security lighting for the convenience of boaters.

NR 7.05(5) (5) Improvement and repair of locks and facilities which provide access between waterways for operators of recreational watercraft.

NR 7.05(6) (6) Acquisition of aids to navigation and regulatory markers including ground tackle. Only the costs of the aids to navigation and regulatory markers including shipping and ground tackle are eligible for funds under this chapter. The cost of repairing, placing, moving or removing aids to navigation or regulatory markers is not eligible for funds under this chapter.

NR 7.05(7) (7) Acquisition of capital equipment that is necessary to cut and remove aquatic plants that are aquatic nuisances or that are detrimental to fish habitat with the following limitations:

NR 7.05(7)(a) (a) Eligible capital equipment shall be limited to cutting devices, barges with propelling motors, conveyors and trailering devices.

NR 7.05(7)(b) (b) Acquisition of capital equipment is eligible only when the acquisition is pursuant to a plan to cut and remove aquatic plants that is approved by the department. If the capital equipment is to be used on more than one lake, each lake shall be covered by a department approved plan to cut and remove aquatic plants and each plan shall outline the organizational relationships, rights and responsibilities for weed harvesting operations between the cooperating sponsors.

NR 7.05(7)(c) (c) For a single waterbody for which the equipment is being purchased the waterbody shall have a minimum acreage of harvestable aquatic plants of at least 30 acres. For several small waterbodies for which the equipment is being purchased, the cumulative acreage shall be at least 50 but no more than 100 acres of harvestable aquatic plants for all lakes combined and the waterbodies shall be in close proximity to each other as approved by the commission.

NR 7.05(7)(d) (d) All sponsors for small lakes cooperating in the purchase of weed harvesting equipment shall demonstrate financial participation in the purchase of the equipment.

NR 7.05(7)(e) (e) If a sponsor purchases new equipment, the department may not provide funds for the purchase of individual pieces of weed harvesting equipment more than once every 10 years. If a sponsor purchases used equipment, the 10-year limitation may be shortened to match the remaining years of utility of the equipment. If a sponsor sells any or all of the equipment funded under this chapter prior to the end of the 10 year or adjusted period, the sponsor shall repay the department 50% of the sale price.

NR 7.05(8) (8) Rehabilitation of capital improvements that are related to recreational boating facilities with the following limitations:

NR 7.05(8)(a) (a) The repair or renovation is the result of damage from natural events or faulty design but is not a result of inadequate maintenance or lack of care.

NR 7.05(8)(b) (b) The total estimated cost of the rehabilitation is greater than $10,000.

NR 7.05(8)(c) (c) The total amount of costs eligible for cost sharing assistance that a sponsor receives for rehabilitation shall be reduced or refunded by any amount of damages recovered by the sponsor through either litigation or insurance settlement.

NR 7.05(9) (9) 

NR 7.05(9)(a) (a) In addition to projects specified under subs. (1) to (8), dredging of a channel of an inland waterway to the degree necessary to accommodate recreational watercraft is eligible for funding with the following limitations:

NR 7.05(9)(a)1. 1. In order to be eligible for funds, a channel to be dredged in a lake shall be defined by aids to navigation as defined in s. 30.74 (2) (b), Stats.

NR 7.05(9)(a)2. 2. Cost sharing for dredging of a channel may be provided only for dredging the width of a channel to a distance of 25 feet on either side of the centerline of a river or 25 feet on either side of a center channel marker in a lake. The dredging of backslopes necessary to maintain a channel width of 50 feet for a minimum of 10 years is eligible. The depth of the channel dredging shall be limited to the depth necessary to accommodate recreational watercraft commonly utilizing the waterbody.

NR 7.05 Note Note: The limit on the design slope ratio of the backslope dredging shall be commensurate with the nature of the lakebed materials.

NR 7.05(9)(a)3. 3. Eligible costs of dredging a channel in a waterway include: engineering, including soil borings; dredging and mobilization; construction of a temporary holding area; and transportation of spoils. The cost of constructing revetments to permanently contain spoils is eligible if the sponsor can demonstrate that the cost of creating a land mass is less than the cost of transportation of spoils to a disposal site or if a substantial benefit to the recreational boating public will accrue.

NR 7.05(9)(a)4. 4. Ineligible costs include: any costs relating to planning, engineering, dredging, handling, processing, transporting or depositing of contaminated dredge spoils; the purchase of land rights for a spoils deposition area or the costs of landfill storage of spoils; costs of land treatment to cover up spoils deposit; and the cost of testing or monitoring as a condition of a state or federal permit.

NR 7.05(9)(a)5. 5. A sponsor may not receive funds for dredging the same channel of a waterway more than once every 10 years.

NR 7.05(9)(b) (b) For the purpose of s. 30.92 (4) (b) 2., Stats., the dredging of a channel of a waterway to the degree necessary to accommodate recreational watercraft pursuant to s. 30.92 (4) (b) 8. a., Stats., shall be considered a construction project.

NR 7.05(10) (10) Use of chemicals to remove Eurasian water milfoil as follows:

NR 7.05(10)(a) (a) Eligible costs are the cost of chemicals, chemical application and necessary permits.

NR 7.05(10)(b) (b) Ineligible costs are costs of pre- and post-treatment monitoring, information and education materials, preparation of aquatic plant management plans, spraying equipment or protective equipment.

NR 7.05(11) (11) Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway. Eligible costs are the costs of the following capital equipment: collecting devices, barges with propelling motors, conveyors and trailering devices.

NR 7.05 History History: Cr. Register, April 1979, No. 280, eff. 5-1-79; cr. (4) and (5), Register, December, 1986, No. 372, eff. 1-1-87; am. (1) to (4), cr. (6) and (7), Register, January, 1993, No. 445, eff. 2-1-93; am. (4) to (6), r. and recr. (7), cr. (8) and (9), Register, March, 1997, No. 495, eff. 4-1-97; CR 00-112: cr. (10) and (11), Register November 2001 No. 551, eff. 12-1-01.

NR 7.06 NR 7.06 Type and content of studies.

NR 7.06(1) (1) Feasibility studies shall be the basis for determining the feasibility of a safe recreational boating facility project.

NR 7.06(2) (2) All feasibility studies shall be site specific and completed in sufficient detail with appropriate maps, plans and text to allow the commission to determine the feasibility of the project. Where the commission finds a project is feasible and the project is supported by resolution of the affected governmental unit or qualified lake association, it shall be placed on the project priority list using the factors in s. 30.92 (3) (b), Stats.

NR 7.06(3) (3) Detailed feasibility reports and environmental impact statements prepared by the U.S. army corps of engineers for small craft harbor projects are sufficient for the purpose of this section, provided that such reports or statements have been found to be acceptable to the department.

NR 7.06(4) (4) Feasibility studies shall contain at a minimum the following items:

NR 7.06(4)(a) (a) General information.

NR 7.06(4)(a)1. 1. Name and location of project.

NR 7.06(4)(a)2. 2. Purpose of the project.

NR 7.06(4)(a)3. 3. Work to be done accompanied by a detailed estimate of the cost of the project including the local share, the requested amount of state funding and the extent of all other sources of funds.

NR 7.06(4)(a)4. 4. Anticipated time schedule for project development.

NR 7.06(4)(a)5. 5. Ownership of lands associated with the project.

NR 7.06(4)(a)6. 6. Distance of nearest comparable safe recreational boating facility on the same body of water, where applicable.

NR 7.06(4)(b) (b) Economic analysis. The purpose of this analysis is to describe the anticipated level of use of the facility or project and associated benefits derived from such use for consideration by the commission when it evaluates the merits of various projects and establishes priorities for financial assistance. At a minimum for the development of safe recreational boating facilities, the analysis shall address:

NR 7.06(4)(b)1. 1. An assessment of the demand for the project including an estimate of the number of users on an annual and peak period basis.

NR 7.06(4)(b)2. 2. An estimate of annual revenues to be derived from any launch fees or associated costs.

NR 7.06(4)(b)3. 3. An estimate of the current number of users of other comparable safe recreational boating facilities within the general area of the proposed project.

NR 7.06(4)(b)4. 4. Past operation and maintenance costs where the project involves the improvement of an existing facility.

NR 7.06(4)(b)5. 5. Estimated annual operation and maintenance costs for a new project.

NR 7.06(4)(c) (c) Environmental analysis. An environmental analysis shall be prepared for each safe recreational boating facility project. Because each proposed safe recreational boating facility site has certain unique physical characteristics, site specific environmental information must be collected. The scope and detail of this information shall be determined on a site-by-site basis after consultation with the department. This is intended to avoid any later problems regarding the environmental acceptability of the site.

NR 7.06(4)(d) (d) Engineering analysis. The engineering analysis shall include general plans and specifications of all physical improvements including, but not limited to, dredging, construction of ramps, piers and breakwaters and land alterations. The commission may require that the engineering analysis be certified by a registered professional engineer.

NR 7.06 History History: Cr. Register, April 1979, No. 280, eff. 5-1-79; am. (1), (2), (4) (a) 2.e., Register, December, 1986, No. 372, eff. 1-1-87; am. (1), (2) and (4) (b) (intro.), r. and recr. (4) (a), Register, January, 1993, No. 445, eff. 2-1-93; am. (1), Register, March, 1997, No. 495, eff. 4-1-97.

NR 7.07 NR 7.07 Applications for funding for feasibility studies.

NR 7.07(1) (1) Applications from governmental units or qualified lake associations for funding of feasibility studies are to be made to the department for presentation to the commission.

NR 7.07(2) (2) The application shall be made on forms provided by the department and at a minimum contain the following: