Chapter NR 7

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.

NR 7.086(4) (4) The department may fund chemical treatment 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.

NR 7.086 History History: CR 00-112: cr. Register November 2001 No. 551, eff. 12-1-01.

NR 7.087 NR 7.087 Application for the acquisition of aids to navigation and regulatory markers.

NR 7.087(1) (1) Applications from governmental units and qualified lake associations for funds for the purchase of aids to navigation and regulatory markers shall be made to the department for presentation to the commission.

NR 7.087(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 7.087 Note Note: Application forms are available at any department regional office.

NR 7.087(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 7.087(2)(b) (b) Number and cost of the aids to navigation or regulatory and appropriate ground tackle.

NR 7.087(2)(c) (c) If the aids to navigation or regulatory markers have been purchased prior to the application, as allowed by s. NR 7.04 (2), copies of vendor invoices for materials purchased.

NR 7.087(2)(d) (d) Copy of department waterway marker placement permit and map showing location of markers acquired.

NR 7.087(3) (3) The department shall reimburse the costs of acquiring aids to navigation and regulatory marker 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 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 7.087 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93.

NR 7.088 NR 7.088 Projects of statewide or regional significance.

NR 7.088(1) (1) The department, with the approval of the commission, may increase the maximum cost-share rate of 50% under s. 30.92(4)(b)2.a., Stats., to 80% if the commission determines that the project is of statewide or regional significance and the project meets all of the criteria under par. (a) or (b) as follows:

NR 7.088(1)(a) (a) For projects located on lakes or flowages:

NR 7.088(1)(a)1. 1. The project is located on an inland lake that is at least 1,000 surface acres in size or is located on Lake Superior or Lake Michigan.

NR 7.088(1)(a)2. 2. The project site has, or will have as a result of the project, a boat launching facility protected by a breakwater structure.

NR 7.088(1)(a)3. 3. The project is located on a lake or flowage that has the minimum number of car-trailer unit parking spaces required under s. NR 1.91 or the project will bring the number of car-trailer unit parking spaces on a lake or flowage into compliance with the standards in s. NR 1.91.

NR 7.088(1)(b) (b) For projects located on rivers:

NR 7.088(1)(b)1. 1. The project is located on the Mississippi river.

NR 7.088(1)(b)2. 2. The project provides motorized boating access to a river at a site that is more than 10 miles from another motorized boating access site.

NR 7.088(1)(b)3. 3. The project provides or will provide a minimum of 30 car-trailer unit parking spaces at the site.

NR 7.088(2) (2) No more than 30% of the state funds available for recreational boating project aids, not including funds for projects enumerated by the legislature, may be expended under this section per year for any one project. No more than 50% of the state funds available for recreational boating project aids, not including funds for projects enumerated by the legislature, may be expended per year for all projects approved under this section.

NR 7.088 Note Note: Projects enumerated by the legislature are specific legislative instructions for use of recreational boating project funds. These projects are typically described in s. 20.370(5)(cq) or 30.92, Stats., or in non-statutory provisions of the budget bill.

NR 7.088 History History: CR 00-112: cr. Register March 2002 No. 555, eff. 4-1-02.

NR 7.09 NR 7.09 Commission to approve or deny requests for funding and establish priority lists.

NR 7.09(1) (1) To accomplish the purposes of this chapter, the commission will give consideration to projects located where a scarcity of safe recreational boating facilities exists, to basic facilities over elaborate facilities, to activities of the general boating public over those for a limited group, to those which meet urban needs and to such other factors which, in the opinion of the commission, will allow the enhancement of recreational boating in the state of Wisconsin.

NR 7.09(2) (2) The commission may provide funding for feasibility studies. The priorities for such funding shall be based upon consideration of the points in sub. (1), and s. 30.92 (2) (d), Stats.

NR 7.09(3) (3) Only those recreational boating facility projects found to be feasible by the commission will be placed on the priority list for funding. In addition to a finding of feasibility the commission shall consider the factors in s. 30.92 (3) (b), Stats., in establishing the priority list.

NR 7.09(4) (4) The commission may deny funding for a feasibility study or a safe recreational boating facility project where:

NR 7.09(4)(a) (a) There is no expression of support for the project or study by the affected governmental unit, or

NR 7.09(4)(b) (b) Consideration of the factors in s. 30.92 (2) (d) or (3) (b), Stats., indicate it would not be appropriate to fund such a study or project.

NR 7.09(5) (5) The commission shall state the basis for denial of funding in writing to the affected governmental unit within 20 days of its decision.