Chapter NR 7

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:

NR 7.07 Note Note: Application forms are available at any department regional office.

NR 7.07(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association authorizing a representative to act as agent for the governmental unit or lake association for the signing of forms or claims and verifying that sufficient funds are available to complete the project.

NR 7.07(2)(b) (b) A detailed estimate of the cost of the feasibility study.

NR 7.07(3) (3) After the review of an application, the department may request the applicant to submit more detailed information. The applicant may appeal any such request by written notice to the commission at least 10 days prior to the convening of the next regular commission meeting. The written notice to the commission shall specify the basis for the applicant’s objection to the department’s request for more detailed information.

NR 7.07(4) (4) The department will fund a portion of those studies approved by the commission at a rate determined by the commission which is based upon the factors contained in s. 30.92 (2) (d), Stats., and the principles expressed in s. NR 7.09 (1), and may vary from project to project.

NR 7.07 History History: Cr. Register, April 1979, No. 280, eff. 5-1-79; am. (1), (2) (a) (intro.) and 2., Register, December, 1986, No. 372, eff. 1-1-87; am. (1) and (2) (intro.), r. and recr. (2) (a), Register, January, 1993, No. 445, eff. 2-1-93.

NR 7.08 NR 7.08 Application for funding to develop a safe recreational boating facility.

NR 7.08(1) (1) Applications from governmental units or qualified lake associations for funding of safe recreational boating facility development projects are to be made to the department for presentation to the commission.

NR 7.08(2) (2) The application shall be made on forms provided by the department and at a minimum contain the following information:

NR 7.08 Note Note: Application forms are available at any department regional office.

NR 7.08(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association containing a formal request for assistance, authorizing a representative to act as agent for the governmental unit or lake association to sign forms or claims and verifying that sufficient funds are available to complete the project.

NR 7.08(2)(b) (b) A statement, supported by appropriate documents, that the project is feasible from economic, environmental and engineering viewpoint.

NR 7.08(2)(c) (c) A detailed estimate of the cost of the project indicating the local share, the requested amount of state funding, and the extent of all other sources of funds.

NR 7.08(3) (3) After review of an application, the department may request the applicant to submit more detailed information. An applicant may appeal any such request by written notice to the commission at least 10 days prior to the convening of the next regular commission meeting. The written notice to the commission shall specify the basis for the applicant’s objection to the department’s request for more detailed information.

NR 7.08(4) (4) The department shall fund at a rate determined by the commission, a portion of each project subject to the limitations of s. 30.92 (4), Stats.

NR 7.08(5) (5) The department may pay, with the approval of the commission, an additional 10% of eligible costs for a construction project under s. 30.92 (4) (b) 2., Stats., if:

NR 7.08(5)(a) (a) The sponsor requests the additional 10% cost sharing, and

NR 7.08(5)(b) (b)

NR 7.08(5)(b)1. 1. The sponsor is a municipality and it conducts a boating safety enforcement and education program approved by the department; or

NR 7.08(5)(b)2. 2. The sponsor provides financial support by written agreement to a municipality which conducts a boating safety and education program approved by the department on the waters in the immediate area of the proposed project.

NR 7.08(6) (6) The actual rates of funding in subs. (4) and (5) may vary from project to project and will be based upon consideration of the factors contained in s. 30.92 (3) (b), Stats., and the principles expressed in s. NR 7.09 (1).

NR 7.08 History History: Cr. Register, April 1979, No. 280, eff. 5-1-79; am. (1), (2) (a) (intro.) and 2., Register, December, 1986, No. 372, eff. 1-1-87; am. (1) and (2) (intro.), r. and recr. (2) (a) and (5), Register, January, 1993, No. 445, eff. 2-1-93.

NR 7.083 NR 7.083 Application for the dredging of a channel of a waterway.

NR 7.083(1) (1) Applications from governmental units and qualified lake associations for funds for dredging of a channel of a waterway on inland waters shall be made to the department for presentation to the commission.

NR 7.083(2) (2) The application shall be made on forms provided by the department and at a minimum contain the following information:

NR 7.083 Note Note: Application forms are available at any department regional office.

NR 7.083(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association authorizing a representative to act as agent for the governmental unit or lake association for the signing of forms or claims and verifying that sufficient funds are available to complete the project.

NR 7.083(2)(b) (b) A statement supported by appropriate documents that the project is feasible from an economic, environmental and engineering viewpoint.

NR 7.083(3) (3) The department may provide funds for channel dredging projects at a rate determined by the commission subject to the limitations of s. 30.92 (4), Stats. The actual rates of funding may vary from project to project and shall be based on consideration of the factors contained in s. 30.92 (4), Stats., be based on consideration of the factors contained in s. 30.92 (3) (b), Stats., and the principles expressed in s. NR 7.09 (1).

NR 7.083 History History: Cr. Register, January, 1991, No. 445, eff. 2-1-93.

NR 7.084 NR 7.084 Applications for the acquisition of capital equipment to collect floating trash and debris from a waterway.

NR 7.084(1) (1) Applications from governmental units and qualified lake associations for funding the acquisition of capital equipment to collect and remove floating trash and debris shall be made to the department for presentation to the commission.

NR 7.084(2) (2) The application shall be made on forms provided by the department at its regional offices and shall contain the following information:

NR 7.084(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association authorizing a representative to act as agent for the governmental unit or lake association to sign forms or claims and verifying that sufficient funds are available to acquire the equipment.

NR 7.084(2)(b) (b) A statement supported by appropriate documents that the project is feasible from economic and environmental viewpoints.

NR 7.084(2)(c) (c) A detailed estimate of the cost of the project indicating the local share, the requested amount of state funding, and the extent of all other sources of funds.

NR 7.084(3) (3) The department may fund acquisition of capital equipment for collecting and removing floating trash and debris at a rate determined by the commission subject to the limitations of s. 30.92 (4), Stats. The actual rates of funding may vary from project to project and will be based on consideration of the factors contained in s. 30.92 (3) (b), Stats., and the principles expressed in s. NR 7.09 (1). In the case of an equipment trade-in, the amount eligible for reimbursement will be up to 50% of the difference between the price of a new unit and the trade-in value of the equipment being traded.

NR 7.084 History History: CR 00-112: cr. Register November 2001 No. 551, eff. 12-1-01.

NR 7.085 NR 7.085 Application for the acquisition of capital equipment to cut and remove aquatic plants.

NR 7.085(1) (1) Applications from governmental units and qualified lake associations for funding the acquisition of capital equipment to cut and remove aquatic plants on inland waters shall be made to the department for presentation to the commission.

NR 7.085(2) (2) The application shall be made on forms provided by the department at its district offices and at a minimum contain the following information:

NR 7.085 Note Note: Application forms are available at any department regional office.

NR 7.085(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association authorizing a representative to act as agent for the governmental unit or lake association to sign forms or claims and verifying that sufficient funds are available to complete the acquisition of the equipment.

NR 7.085(2)(b) (b) A statement supported by appropriate documents that the acquisition of the capital equipment is feasible from economic and environmental viewpoints.

NR 7.085(3) (3) Prior to the proposed acquisition project being presented to the commission, the governmental unit or qualified lake association shall have obtained approval from the department of a management plan to cut and remove aquatic plants from the waterbody.

NR 7.085(4) (4) The department may fund acquisition of capital equipment for cutting and removal of aquatic plants at a rate determined by the commission subject to the limitations of s. 30.92 (4), Stats. The actual rates of funding may vary from project to project and will be based on consideration of the factors contained in s. 30.92 (3) (b), Stats., and the principles expressed in s. NR 7.09 (1).

NR 7.085 Note Note: The amount eligible for reimbursement for the purchase of capital equipment will be up to 50% of the actual cash payment for the equipment. In the case of a trade, the amount eligible for reimbursement will be 50% of the difference between the price of a new unit and the cash value allowed for the equipment being traded.

NR 7.085 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93.

NR 7.086 NR 7.086 Applications for the chemical removal of Eurasian water milfoil.

NR 7.086(1) (1) Applications from governmental units and qualified lake associations for funding the chemical removal of Eurasian water milfoil shall be made to the department for presentation to the commission.

NR 7.086(2) (2) The application shall be made on forms provided by the department at its regional offices and shall contain the following information:

NR 7.086(2)(a) (a) A resolution officially adopted by the governmental unit or qualified lake association authorizing a representative to act as agent for the governmental unit or lake association to sign forms or claims and verifying that sufficient funds are available to complete the project.

NR 7.086(2)(b) (b) A statement supported by appropriate documents that the project is feasible from economic and environmental viewpoints.

NR 7.086(2)(c) (c) A detailed estimate of the cost of the project indicating the local share, the requested amount of state funding, and the extent of all other sources of funds.

NR 7.086(2)(d) (d) A copy of the chemical treatment permit issued under s. 281.17 (2), Stats., including a map of the areas to be treated.

NR 7.086(3) (3) In addition to the factors in s. 30.92 (3) (b), Stats., and the principles expressed in s. NR 7.09 (1) to establish project priorities, the commission shall give a higher priority to projects that provide public boating benefits than to projects primarily benefiting riparian landowners and projects that prevent expansion of or substantially eradicate Eurasian water milfoil than to projects that provide for annual nuisance relief.