Chapter NR 193

NR 193.20 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction made under s. 35.17, Stats., Register May 2020 No. 773.

subch. II of ch. NR 193 Subchapter II — Education and Planning

NR 193.30 NR 193.30 Purpose. The purpose of this subchapter is to establish procedures for awarding cost-sharing grants for implementing a surface water management planning program. Projects eligible for funding under this subchapter include all of the following:

NR 193.30(1) (1) Surface water education projects, which provide information and education to increase understanding of surface water and aquatic ecosystems, including aquatic invasive species. Eligible projects may focus on surface water quality, the quality of aquatic ecosystems, the quality of aquatic life, methods to protect the quality of any of the foregoing, the use of surface water, or the formation of river management organizations.

NR 193.30(2) (2) Surface water planning projects, which support the assessment of surface water quality and aid in the selection of activities that will benefit surface water, including those that protect or improve water quality, prevent pollution from entering waterbodies, prevent aquatic invasive species, or protect or improve aquatic ecosystems.

NR 193.30 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.31 NR 193.31 Surface water education. Surface water education projects eligible for funding under this subchapter include all of the following:

NR 193.31(1) (1) Surface water information and education. Surface water information and education projects that accumulate new or existing information on surface water or aquatic ecosystems and disseminate it to broaden public understanding. Eligible projects may focus on surface water, aquatic ecosystems, aquatic life, water quality, the quality of aquatic ecosystems or methods to improve or protect any of the foregoing.

NR 193.31(2) (2) Aquatic invasive species information and education. Aquatic invasive species education projects that accumulate new or existing information about aquatic invasive species and disseminate it to broaden public understanding. Eligible projects may focus on aquatic invasive species, aquatic invasive species identification, threats posed by aquatic invasive species, effects on aquatic ecosystems, measures to prevent spread, or best practices for aquatic invasive species control. Projects shall be consistent with the department’s statewide aquatic invasive species management plan for preventing the arrival and spread of aquatic invasive species.

NR 193.31(3) (3) Training and skill development. Training and skill development projects that assist a grantee in developing and conducting workshops or other training and education programs for volunteers and participants in a lake or river planning or management project.

NR 193.31(4) (4) Organization development. Organization development projects that provide informational and educational activities to develop an organization’s capacity to carry out planning or management projects. An organization may build its capacity by growing its membership, enhancing its relationships with partners, or building the organization’s skills and resources. Eligible projects may also assist a grantee in the formation of goals and objectives for a planning or management project. Grant funds awarded under this subsection may be used to support other projects approved by the department that will aid in an organization’s ability to protect or improve surface water or aquatic ecosystems.

NR 193.31(5) (5) River management organization formation. River management organization formation projects that provide programs and materials to assist in forming a river management organization or meeting the criteria of a qualified river management organization. Eligible activities may include training; education; facilitated planning programs; facilitated workshops; and the development, printing and dissemination of information, surveys and educational materials designed to understand or attract members.

NR 193.31 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (5) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.32 NR 193.32 Surface water planning.

NR 193.32(1) (1) Eligible projects. Lake, river and aquatic invasive species planning projects eligible for funding under this subchapter include all of the following:

NR 193.32(1)(a) (a) Preparing to plan. Preparing to plan projects that assist a grantee in taking steps toward developing a management plan for a waterbody, a watershed, an aquatic plant community, aquatic life, or aquatic invasive species. Eligible projects include determining a waterbody’s condition; outlining goals, expectations and priorities for management; inventorying existing data and identifying data gaps when they exist; identifying problems needing management; inventorying historical management actions; or assessing planning needs to define the scope and scale of a future planning or management project.

NR 193.32(1)(b) (b) Organization and community assessment. Organization and community assessment projects that assist in the protection or improvement of surface water by focusing on the social dimensions of collaborative planning or management projects. Eligible projects shall employ social science tools and methods and may identify stakeholders; determine a community’s capacity to complete a planning or management project; assess a community’s readiness to plan or manage; identify how a community uses, values or perceives an aquatic ecosystem; or study how use values or perceptions have changed over time.

NR 193.32 Note Note: Social science tools and methods include surveys, interviews, focus groups, assessments, case studies and oral histories.

NR 193.32(1)(c) (c) Water quality assessment. Water quality assessment projects that evaluate data on surface water quality and report the findings of those evaluations. Eligible projects shall collect new or assemble existing water quality data and shall include an assessment of waterbody condition following the Wisconsin Consolidated Assessment and Listing Method, or WisCALM. Eligible activities include a quantitative evaluation of the degree that pollution sources contribute to water quality problems.

NR 193.32 Note Note: Pollution sources include point source, nonpoint source, and internal loading.

NR 193.32(1)(d) (d) Watershed assessment. Watershed assessment projects that determine the causes and sources of pollution in the watershed that are contributing to water quality problems now or in the likely future. Eligible activities shall include one or more of the following: data collection and analysis; modelling; scenarios; protection inventories; or other work done to understand watershed characteristics likely to affect the quality of surface water or aquatic ecosystems now or in the future. Watershed projects may also include assessing groundwater quality and quantity and assessing contributions of septic systems to water quality problems.

NR 193.32(1)(e) (e) Aquatic life assessment. Aquatic life assessment projects that evaluate data on aquatic life and report findings. Eligible projects shall collect new or assemble existing data on an aquatic plant community, fish community, shoreline habitat, or other aquatic life feature approved by the department. Eligible activities may include one or more of the following: species-specific identification; an assessment of aquatic life quality or condition; mapping; population analysis; population modelling; any assessments necessary for aquatic invasive species control; and other aquatic life projects necessary for the protection or improvement of aquatic ecosystems.

NR 193.32(1)(f) (f) Comprehensive management planning for lakes and watersheds. Comprehensive management planning projects for lakes and watersheds that will result in a new or updated management plan for one or more of the following: a lake, a watershed, an aquatic plant community, aquatic invasive species prevention and aquatic invasive species. A management plan is a dynamic, written document that presents baseline information, explores management challenges, defines general management goals and objectives and provides strategic direction for selecting management actions and planning specific activities to accomplish plan objectives. The plan should present a set of recommended management actions and outline a plan for implementation, progress assessment, and plan updates. The public shall be given an opportunity to review the plan before it is adopted and provide comment. The grantee shall summarize comments received and use comments to modify the management plan, as appropriate.

NR 193.32 Note Note: Management plans include watershed plans, Nine Key Element watershed plans, basin plans, Total Maximum Daily Load implementation plans, lake management plans, river management plans, county land and water plans, aquatic plant management plans, and aquatic invasive species control plans.

NR 193.32(1)(g) (g) Pre-implementation planning. Pre-implementation planning projects that result in a final design and specifications for a management plan implementation project eligible under s. NR 193.51 (3). Eligible activities for pre-implementation planning projects include one or more of the following: site assessment, monitoring, modelling, environmental assessment, drafting engineering plans, drafting construction plans, landscape design, and site-specific specifications.

NR 193.32(1)(h) (h) Other assessments and planning projects. Other projects and activities necessary for developing or updating a management plan may be approved by the department as eligible for a grant awarded under this subchapter.

NR 193.32 Note Note: Other assessments and planning projects include review, evaluation or development of ordinances and other local regulations related to the management of pollution sources, recreational use, or other human activities that may affect the natural beauty or other components of a lake or river ecosystem.

NR 193.32(2) (2) Education activities in planning projects. No more than 20% of the funding for a lake, river or AIS planning project may support education activities listed under s. NR 193.31.

NR 193.32 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (g) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (a) to (g) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.33 NR 193.33 Conditions for management plan development grants. A management plan completed under s. NR 193.32 (1) (f) shall be submitted with a final report required under s. NR 193.19 along with the request for final payment, with all of the following conditions:

NR 193.33(1) (1) A plan shall comply with minimum plan requirements published in program guidance and available upon request.

NR 193.33(2) (2) A plan shall include or be submitted along with a description of the process used to provide the public the opportunity to review and comment on the plan, a summary of comments received, and the steps the grantee took or intends to take to formally adopt the plan.

NR 193.33(3) (3) The department will review submitted plans and may require modifications prior to final payment.

NR 193.33(4) (4) If a grantee intends to apply for a management plan implementation grant under s. NR 193.51 (3) or s. NR 193.63 (2) or (3), a grantee may request a determination of eligibility outlined under s. NR 193.53 at the same time the grantee requests final payment.

NR 193.33(5) (5) Approval of final payment does not necessarily constitute eligibility of plan recommendations under s. NR 193.53. The department may determine that none, some, or all of the submitted management plan’s recommendations for are eligible for a management plan implementation grant.

NR 193.33 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; corretion in (4) made under s. 13.92 (4) (b) 1., Stats., Register May 2020 No. 773.

subch. III of ch. NR 193 Subchapter III — County Lake Grants

NR 193.40 NR 193.40 Purpose. The purpose of this subchapter is to establish procedures for implementing a lake classification grant program as provided for in s. 281.69 (5), Stats. Grants awarded under this program will allow counties to assist the department to update and improve lake information, classify lakes by use, and implement activities that will protect water quality and lake ecosystems.

NR 193.40 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.41 NR 193.41 Eligible grantees. Only counties and tribal governing bodies are eligible to apply for a County Lake Grant.

NR 193.41 Note Note: Though s. 281.69 (5) directs this subprogram to counties only, s. 20.002 (13) provides that any state grant program available to a local government may also be made available to a tribal governing body as defined in this chapter. The scope of a lake classification project for a tribal governing body under this chapter would be limited to the geographic area within the tribe’s reservation boundary.

NR 193.41 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.42 NR 193.42 Eligible projects. One or more projects may be included in a single grant application. Any of the following projects are eligible for a County Lake Grant:

NR 193.42(1) (1) County lake protection plans. County lake protection planning projects will update and improve basic lake information for lakes located in the county, establish consistency between existing lake information systems, and identify lakes in need of protection. A lake protection planning project shall result in a lake protection strategy that is designed by the county working in cooperation with the department and employing program-approved protocols. A lake protection plan shall have all of the following elements:

NR 193.42(1)(a) (a) A county shall verify and, where necessary, update basic lake information. Updated or new state lake information that may impact a regulatory program shall be approved by the department before becoming official lake information. The following information is considered basic lake information for the purposes of this paragraph:

NR 193.42(1)(a)1. 1. The size, depth, and shape of the lake.

NR 193.42(1)(a)2. 2. The size of the lake’s watershed.

NR 193.42(1)(a)3. 3. The quality of the water in the lake.

NR 193.42(1)(a)4. 4. The location and capacity of public access.

NR 193.42(1)(a)5. 5. The presence of aquatic invasive species.

NR 193.42(1)(b) (b) A county shall identify lake protection priorities for the purposes of implementing a county lake protection project. Lakes that are identified as protection lakes are those that are attaining state eutrophication water quality standards. For the purposes of identifying county lake protection projects, counties shall classify a subset of those lakes that are most vulnerable to degradation, considering all of the following factors:

NR 193.42(1)(b)1. 1. The lake’s current use, or potential for the lake to be overused for recreational purposes.

NR 193.42(1)(b)2. 2. The current or potential development of land surrounding the lake.

NR 193.42(1)(b)3. 3. The potential for the lake to suffer from nonpoint source water pollution.

NR 193.42(1)(b)4. 4. The condition of the fish and wildlife population and the extent of their habitats in and around the lake.

NR 193.42(1)(b)5. 5. The presence or risk of introduction of aquatic invasive species.

NR 193.42(1)(c) (c) A county shall develop a list of proposed activities for lake protection and a strategy for their implementation.

NR 193.42(1)(d) (d) A county may classify lakes for the purpose of implementing protection activities for which the county or a cooperating jurisdiction has existing statutory authority. A county may work with other local governments on lake use classification for managing recreational uses. Nothing in this section shall be interpreted to grant new authority to counties for managing lakes and shorelines. Classification and the resulting protection activities may not result in lowering existing state standards designed to protect lakes and shall be consistent with all existing state classifications and regulatory programs.

NR 193.42 Note Note: Examples of state lake information can be found in Wisconsin Lakes PUB-FH-800, the Surface Water Integrated Monitoring System (SWIMS), and the department’s 24K hydrography database.

NR 193.42(2) (2) County lake protection projects. A county that has completed a lake protection plan is eligible to apply for a grant under this subchapter to assist in the implementation of lake protection activities. Eligible projects are planning and management projects that have been identified in this chapter.

NR 193.42 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (d) made under s. 35.17, Stats., Register May 2020 No. 773.

subch. IV of ch. NR 193 Subchapter IV — Surface Water Management

NR 193.50 NR 193.50 Purpose. The purpose of this subchapter is to establish procedures to award cost-sharing grants to implement a Surface Water Management Grant Program for lakes, rivers and wetlands. Grants awarded under this subchapter shall be used to implement protection or improvement projects for surface water or aquatic ecosystems. Grant funding awarded under this subchapter may be used for Healthy Lakes and Rivers projects, shoreland protection, in-water management, wetland restoration, management plan implementation, wetland incentives, and ordinance development.

NR 193.50 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.51 NR 193.51 Surface water management grants. Surface Water Management Grants shall support projects that protect or restore aquatic life or water quality. Subprograms under this subchapter include all of the following:

NR 193.51(1) (1) Surface water restoration. Surface water restoration projects, which include wetland, shoreland, or in-water projects that will protect or improve water quality or an aquatic ecosystem. Eligible projects include all of the following:

NR 193.51(1)(a) (a) Healthy Lakes and Rivers. A Healthy Lakes and Rivers project that will assist a grantee to implement prescribed best management practices to create healthy lakes and rivers. Healthy Lakes and Rivers projects are subject to all of the following conditions:

NR 193.51(1)(a)1. 1. Install best management practices that are determined and approved by the department.

NR 193.51(1)(a)2. 2. Follow the operation and maintenance requirements as prescribed by the department. A grantee shall obtain a signed conservation contract from all participating landowners that includes a commitment to install one or more best practices and to operate and maintain the function of the practice for at least 10 years.

NR 193.51(1)(a)3. 3. Include no more than 10% of the DNR cost share of a Healthy Lakes and Rivers project as project management or technical assistance costs that are not implementation costs. The 10% is calculated based on the DNR cost share of the per practice cost and may not exceed the funding cap established in s. NR 193.05.

NR 193.51 Note Note: A copy of the statewide Healthy Lakes and Rivers Plan may be obtained directly from the Healthy Lakes website. Copies are also on file at the offices of the department and legislative reference bureau.

NR 193.51(1)(b) (b) Shoreland protection. A shoreland protection project that will assist a grantee in carrying out best management practices intended to improve surface water or aquatic ecosystems. Eligible activities include one or more of the following best practices conducted in compliance with the general and practice-specific standards outlined in s. ATCP 50.61:

NR 193.51(1)(b)1. 1. Critical area stabilization.

NR 193.51(1)(b)2. 2. Diversions.

NR 193.51(1)(b)3. 3. Filter strips.

NR 193.51(1)(b)4. 4. Grade stabilization structures on artificial or non-navigable streams, channels, and gullies.

NR 193.51(1)(b)5. 5. Riparian buffers.

NR 193.51(1)(b)6. 6. Streambank or shoreline protection, in conjunction with revegetation, soil bioengineering, or upland erosion control.

NR 193.51(1)(b)7. 7. Water bars; sediment and water basins; pervious pavement; rain gardens; vegetation planting and urban pollution and runoff control projects; and impervious area removal within 35 feet of the ordinary high water mark.

NR 193.51(1)(c) (c) In-water management. In-water management projects that will assist a grantee to protect or improve the littoral or in-stream areas of waterbodies. Eligible activities include installing department-approved structures that provide fish or wildlife habitat; culvert, road, or trail stream crossing modification or removal and other modifications to improve habitat or connectivity; and planting of native aquatic plants.

NR 193.51(1)(d) (d) Wetland restoration. Wetland restoration projects that will assist a grantee to restore or enhance a prior converted or existing wetland. Projects shall occur on hydric soils. A grantee shall implement best practices outlined in ch. ATCP 50 and follow the associated U.S. department of agriculture natural resources conservation service practice standards for Wisconsin for wetland restoration or enhancement. Eligible activities include drainage tile disablement, ditch plugs and fills, water level manipulation, and vegetation management and enhancement.

NR 193.51(2) (2) Wetland restoration incentives. Wetland restoration incentives, which are intended to support wetland restoration projects and are available to a grantee who has completed a comprehensive land use plan as defined in s. 66.1001 (1) (a), Stats., that includes a recommendation for wetland enhancement or restoration. Incentive grants of $10,000 each will be awarded to eligible recipients with no grantee match required. Funds awarded under this subsection shall be used for wetland restoration projects following standards outlined in sub. (1) (d). Eligible recipients shall include counties, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts, and other local governmental units. Qualified surface water management organizations and nonprofit conservation organizations are not eligible for grants under this subsection.

NR 193.51(3) (3) Management plan implementation. Management plan implementation projects, which protect or improve surface water or aquatic ecosystems by implementing one or more recommendations contained in a management plan and approved for eligibility by the department under s. NR 193.53. Eligible activities shall be those that are necessary to implement the approved recommendations. Once the department has approved a management plan recommendation and implementation project, the applicant may apply for grant funding. Eligible activities subject to approval include all of the following:

NR 193.51(3)(a) (a) Those that are eligible under sub. (1).

NR 193.51(3)(b) (b) Other watershed management and nonpoint source pollution prevention and control practices specified in ch. NR 120.

NR 193.51(3)(c) (c) Lake restoration activities where the department has determined that any of the following conditions exist:

NR 193.51(3)(c)1. 1. The external sources or causative factors of the problems to be remediated have been or very likely will be controlled to the best practical extent possible prior to or by the restoration activities.

NR 193.51(3)(c)2. 2. The proposed activities have a high likelihood of successfully meeting the management plan objectives or state water quality standards.

NR 193.51(3)(d) (d) Other activities approved by the department that implement one or more recommendations in a management plan, including any of the following: