NR 154.04(28)(c)(c) Sediment basins with embankments of 15 to 25 feet in structural height or with maximum storage capacities of 15 to 50 acre-feet in volume may be cost-shared only if the department makes a finding, in writing and prior to construction, that failure of the structure would have minimum potential to endanger life or real or personal property. NR 154.04(29)(29) Shoreline habitat restoration for developed areas. NR 154.04(29)(a)(a) Definitions. In this subsection, “shoreline habitat restoration” means the establishment in developed areas of a shoreline buffer zone of diverse native vegetation that extends inland and water-ward from the ordinary high water mark. The shoreline habitat restoration design seeks to restore the functions provided by the original, natural vegetation, and includes a mixture of native trees, shrubs, ground cover or wetland species. This practice includes the following: NR 154.04(29)(a)1.1. Natural recovery. Used where native vegetation will recover naturally when a site is protected from disturbance, due to the presence of existing native plants, and adequate seed sources and site conditions. This method may be applied to wet margins of lakes or rivers where turf grasses are not well established and in shallow water areas adjacent to shoreland restoration areas. NR 154.04(29)(a)2.2. Accelerated recovery. Used in areas not suited for natural recovery. Native vegetation is established by seeding and planting. This method shall be used in areas where dense turf grasses have been maintained for several years. This may also be used in limited situations where one or more layers of natural vegetative cover have been removed if approved by the department. NR 154.04(29)(b)(b) Eligible costs. Costs eligible for cost-sharing reimbursement include: NR 154.04(29)(b)1.1. Costs for shoreline habitat restoration when existing shoreline vegetation lacks the structure or complexity to support habitat functions for littoral and riparian areas. NR 154.04(29)(c)(c) Ineligible costs. Costs ineligible for cost-sharing reimbursement include: NR 154.04(29)(c)2.2. Cost for plants, seed, mulch or other materials not approved by the department. NR 154.04(29)(c)3.3. Costs for shoreline erosion control materials such as riprap or biologs unless approved by the department. NR 154.04(29)(c)4.4. Cost for materials for stairs, walkways, paths or other access structures. NR 154.04(29)(d)(d) Design, construction and maintenance. A cost-share grant under ch. NR 153 may not reimburse any costs related to shoreline habitat restoration for developed areas unless all the following conditions are met: NR 154.04(29)(d)1.1. No violations of county and local shoreland zoning requirements are present on the entire property. NR 154.04(29)(d)2.2. Runoff from roofs, driveways or other hard surfaces on the property is maintained in sheet flow with no channels or gullies, to the greatest extent possible using downspout runoff spreaders, directing runoff to flat or gently sloping grassy areas and minor landscaping to temporarily pond or spread out runoff or other means. NR 154.04(29)(d)4.4. If fertilizer use is desired outside the buffer area, zero-phosphorus types are used unless soil tests specifically indicate a need for phosphorus and the project sponsor approves its use. NR 154.04(29)(d)5.5. No changes in land use or management may occur that cause increased pollution to surface water from sources that were controlled prior to the installation of a shoreline habitat restoration practice. NR 154.04(29)(d)6.6. The buffer created by shoreline habitat restoration extends the entire length of the lot along the shoreline except that a viewing and access corridor is allowed. The corridor is not eligible for cost sharing. Corridors may not exceed 30 feet in width and may encompass no greater than 30% of the property for lots less than 100 feet wide. The restoration area design may include the provision of water access, the enhancement of desirable views, the screening of unwanted views and consideration of privacy. Where buildings are set back 50 feet or more, the buffer shall extend at least 35 feet inland from the ordinary high water mark. Where buildings are set back less than 50 feet, a no touch zone where no vegetation is removed or land is disturbed shall extend to within 15 feet of the structure. NR 154.04(29)(d)7.7. Shallow water areas that are capable of supporting aquatic vegetation waterward of the ordinary high water mark shall be managed so that vegetation, land or other habitat features are not disturbed after the buffer is established. Areas waterward of the viewing and access corridor are exempt from this condition. NR 154.04(29)(d)8.8. An evaluation of existing vegetation on the site is necessary prior to the selection of plant materials and restoration method. The natural vegetation that occurs in the region or vicinity of the restoration site shall be considered in developing restoration plans. NR 154.04(29)(d)9.9. In order to restore the functional values of the vegetative buffer, it shall consist of 3 layers: a ground cover, a shrub layer and a tree canopy. Vegetation in all 3 layers shall be vigorous, diverse and structurally complex. The only exception to this requirement may be where natural conditions in the region lack these characteristics. NR 154.04(29)(d)10.10. Vegetation shall be adapted to the local soils, climate and the surrounding vegetation. Only species approved by the project sponsor may be planted. Native species are required, and invasive species such as reed canary grass and purple loosestrife are prohibited. NR 154.04(29)(d)11.11. The project sponsor shall identify the most appropriate recovery methods for each individual site. NR 154.04(29)(d)12.a.a. Comply with local NRCS planting recommendations to determine recommended planting dates for ground covers, shrubs and trees. NR 154.04(29)(d)12.b.b. Exposure of bare soil shall be kept to an absolute minimum by using methods such as black plastic covers to remove competing weeds. All exposed soils shall be mulched. A temporary seeding is required on sites where permanent ground cover will not be established until the following year. A temporary or companion seeding is required on any exposed slopes exceeding 12%. Mulching and netting or erosion control matting is required on slopes exceeding 20%. NR 154.04(29)(d)12.c.c. Zero-phosphorus start-up fertilization is permitted. Phosphorus application is only permitted where soil tests indicate deficiencies. NR 154.04(29)(d)12.d.d. Herbicides approved for use near water may be used only where essential, and with the approval of the project sponsor. NR 154.04(29)(d)12.e.e. Heavy equipment is prohibited, except where specifically approved by the project sponsor, to prevent soil compaction. If heavy equipment is used, tree roots shall be protected by not driving over the root zone. NR 154.04(29)(d)13.a.a. All buffer areas are to be managed as no-touch zones unless otherwise approved by the department. NR 154.04(29)(d)13.c.c. Herbicides are prohibited except as approved by the project sponsor, where this is the best method to control undesirable invasive species. NR 154.04(29)(d)13.d.d. Burning to clear or maintain buffer areas may be conducted if approved by the project sponsor, and is limited to regions where prairies are the natural habitat. NR 154.04(29)(d)13.e.e. Cutting of trees or shrubs may be done only to prevent safety hazards, or to remove undesirable competitive species, and shall be approved by the project sponsor. NR 154.04(29)(d)13.f.f. The forest floor duff layer and leaf litter shall remain intact to provide a continuous ground cover and meet the habitat functions of this practice. NR 154.04(29)(d)13.g.g. Lawn mowing is permitted in the viewing and access corridors. Elsewhere, mowing is prohibited except in established prairie buffer areas, and in accordance with a mowing plan approved by the project sponsor. In viewing and access corridors, mowing is allowed to a minimum height of 10 inches, and only as needed to reduce competition from undesirable species. Mowing may occur only between August 1 and September 1 to avoid disturbance of nesting birds and allow regrowth before winter. NR 154.04(29)(d)13.h.h. Vehicles, boats, docks or other equipment storage shall be excluded from the restoration area to prevent soil compaction and damage to the buffer vegetation. Boats and docks may be temporarily stored during non-growing seasons as long as vegetative cover is unaffected. NR 154.04(29)(d)13.i.i. The access corridor may not channel runoff to the waterbody and shall be located to avoid areas of high runoff or erodible soils. Grass or other cover that will hold the soil is required for the access corridor. NR 154.04(29)(d)13.j.j. Except for areas waterward of the access corridor, areas waterward of the buffer shall be managed as no-touch zones. NR 154.04(29)(d)13.k.k. The shoreline habitat restoration project complies with UW-Extension Publication GWQ014, Shoreline Plants and Landscaping, DNR Publication PUBL-WM-228, Home on the Range - Restoring and Maintaining Grasslands for Wildlife, which are incorporated by reference for this chapter, or similar publications as approved by the project sponsor. NR 154.04(29)(d)14.14. The landowner or land operator agrees to maintain the shoreline habitat restoration project. NR 154.04(30)(a)(a) The department may provide cost-share grants to implement sinkhole treatment. NR 154.04(31)(a)(a) The department may provide cost-share grants to implement streambank or shoreline protection. NR 154.04(31)(b)(b) Except as provided under par. (c), the provisions for streambank or shoreline protection included in s. ATCP 50.88 shall apply. NR 154.04(31)(c)(c) The 25% cost-share limitation for a cost-share grant for rock and timber riprap used to establish fish habitat in s. ATCP 50.88 (2) (b) does not apply to grants issued by the department. NR 154.04(31m)(a)(a) The department may provide cost-share grants to implement a stream crossing. NR 154.04(32)(a)(a) The department may provide cost-share grants to implement stripcropping. NR 154.04(33)(a)(a) The department may provide cost-share grants to implement subsurface drains. NR 154.04(34)(a)(a) The department may provide cost-share grants to implement terrace systems. NR 154.04(35)(a)(a) The department may provide cost-share grants to implement underground outlets. NR 154.04(36)(a)(a) The department may provide cost-share grants to implement waste transfer systems. NR 154.04(37)(a)(a) The department may provide cost-share grants to implement wastewater treatment strips. NR 154.04(38)(a)(a) The department may provide cost-share grants to implement water and sediment control basins. NR 154.04(39)(a)(a) The department may provide cost-share grants to implement waterway systems. NR 154.04(40)(a)(a) The department may provide cost-share grants to implement well decommissioning. NR 154.04(41)(a)(a) The department may provide cost-share grants to implement wetland development or restoration.
/exec_review/admin_code/nr/100/154
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administrativecode
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Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
administrativecode/NR 154.04(29)(d)12.c.
administrativecode/NR 154.04(29)(d)12.c.
section
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