Wisconsin Legislature: Ch. NR 193 TOC

NR 193.01NR 193.01 Purpose and authority. This chapter establishes procedures for awarding cost-sharing grants to public and private entities to protect and improve the waters of Wisconsin. Rules under this chapter outline grant programs supporting aquatic invasive species control and prevention as provided for in s. 23.22 (2) (c), Stats., lake management planning as provided for in s. 281.68, Stats., lake management and lake classification pursuant to s. 281.69, Stats., river planning and management as provided for in s. 281.70, Stats., and a lake monitoring and protection contract program pursuant to s. 281.68 (3) (bg), Stats.

NR 193.01 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.02NR 193.02 Applicability.

NR 193.02(1)(1) This chapter outlines a grant program that provides financial assistance for surface water planning and management projects benefitting the waters of Wisconsin. Eligible grant recipients include counties, cities, towns, villages, and other local governmental units; tribal governing bodies; town sanitary districts; public inland lake protection and rehabilitation districts; nonprofit conservation organizations; qualified surface water management organizations; qualified school districts; accredited colleges; accredited universities and technical schools; qualified lake associations; qualified river management organizations; natural resource agencies; and other substantially similar organizations. Substantially similar organizations seeking eligibility for grants awarded under this chapter shall submit a request for a determination of eligibility on a form designated by the department.

NR 193.02(2)(2) Grants awarded under this chapter may be used for education, planning and management projects conducted for the benefit of surface water or aquatic ecosystems. Lake protection funding is available for projects benefitting lakes and lake ecosystems. Lake management grants that include natural resource enhancement services are available for projects benefitting public inland lakes. River protection funding is available for activities benefitting rivers and riverine ecosystems. Aquatic invasive species control funding is available for aquatic invasive species projects conducted on surface waters of the state, including lakes, rivers, streams, wetlands and the Great Lakes.

NR 193.02(3)(3) These general provisions apply to grants awarded under this chapter. Subchapters VI and VII will use the he general provisions contained in this subchapter, unless indicated otherwise in subchs. VI and VII.

NR 193.02 NoteNote: Applicants may wish to review the Surface Water Grant Program Guidance available on the Surface Water Grant Program website.

NR 193.02 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.03NR 193.03 Definitions. In this chapter:

NR 193.03(1)(1) “Acquisition costs” means the fair market value of the property, as determined by department appraisal guidelines, and reasonable costs related to the purchase of the property limited to the costs of appraisals, legal fees associated with closing up to a maximum DNR cost share of $1,000, costs of land surveys, title and gap insurance costs, title company closing costs, recording fees, costs of historical and cultural assessments required by the department, costs of environmental inspections, audit costs, and baseline documentation costs required for conservation easements. “Acquisition costs” does not include environmental clean-up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other costs not identified in this subsection.

NR 193.03(2)(2) “Aquatic ecosystem” means a lake ecosystem or riverine ecosystem.

NR 193.03(3)(3) “Aquatic invasive species” means organisms, eggs, larvae, seeds, fragments, propagules, and any other viable life stage of a non-indigenous water or wetland-dwelling organism, including hybrids, cultivars, subspecific taxa, or genetically modified variants, whose introduction is likely to cause adverse economic, recreational, environmental or human health effects.

NR 193.03 NoteNote: Some aquatic invasive species are legally identified, classified, and regulated under ch. NR 40 and s. NR 109.07.

NR 193.03(4)(4) “Aquatic invasive species control” means to remove, cut and remove, destroy, suppress, or otherwise prevent the introduction or spread of aquatic invasive species.

NR 193.03(5)(5) “Aquatic life” means aquatic plants, aquatic algae, aquatic invertebrates, aquatic or semi-aquatic vertebrates, or other aquatic organisms or their habitats.

NR 193.03(6)(6) “Capital asset” means a long-term item having a useful life of more than one year and an acquisition cost of $5,000 or greater. “Capital asset” includes customized equipment where the sum of the components is equal to or in excess of $5,000.

NR 193.03(7)(7) “Conservation easement” has the meaning given in s. 700.40 (1) (a), Stats.

NR 193.03(8)(8) “Cost containment” means the process of managing the expenses required to complete a project within pre-planned budgetary constraints.

NR 193.03(9)(9) “Department” means the Wisconsin department of natural resources.

NR 193.03(10)(10) “DNR cost share” means the percent of a project’s total cost paid for with grant funds awarded under this chapter.

NR 193.03(11)(11) “Enhancement” means activities conducted to increase one or more beneficial functional values or services of an aquatic ecosystem.

NR 193.03(12)(12) “Equipment” means long-term items having a useful life of more than one year and an acquisition cost of less than $5,000.

NR 193.03(13)(13) “Final payment” means the last reimbursement issued by the department to the grantee for a grant awarded under this chapter after the project has been completed in accordance with the grant agreement and to the satisfaction of the department.

NR 193.03(14)(14) “Grant advance” means the portion of the grant award paid to the grantee after returning a signed grant agreement and prior to project implementation.

NR 193.03(15)(15) “Grant agreement” means a contract between the grantee and the department detailing the project scope, grant award, grant period, DNR cost share, project products, reimbursement process, and conditions that restrict actions of the grantee during the life of the project and during the operation and maintenance phase once the final payment has been issued by the department.

NR 193.03(16)(16) “Grant award” means the dollar amount awarded to the grantee by the department and available to the grantee for reimbursement of eligible project costs.

NR 193.03(17)(17) “Grantee” means an eligible organization or person that is awarded a grant or contract from the department under this chapter.

NR 193.03(18)(18) “Grantee match” means the dollar amount of the eligible project cost not funded with a grant administered by the department.

NR 193.03(19)(19) “Grant period” means the time period stated in the grant agreement during which the grantee may expend funds for the project.

NR 193.03(20)(20) “Lake” means all or a portion of a lentic body of water, including lakes, ponds, millponds, pools, impoundments, reservoirs and flowages, that is within the boundaries of the state.