Chapter NR 193

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:

NR 193.51(3)(d)1. 1. Management staffing grants to support implementation. Applications for management staffing grants shall include a position description including goals, objectives and tasks and the percentage of time assigned to each activity. For staffing requests of over 1,000 hours, the department may require annual or semi-annual performance reviews.

NR 193.51(3)(d)2. 2. Applied management studies that employ a research-based approach designed to improve the understanding and implementation of surface water management activities.

NR 193.51(3)(d)3. 3. Landowner incentive projects to encourage participation in surface water quality or aquatic habitat management activities. Incentive payments may include incentives for conservation best practices or participation incentives for landowners or businesses engaging in a department-approved initiative. Applications shall include a justification for payment or other incentives, a description of the payment process and documentation, and expected outcomes.

NR 193.51(4) (4) Ordinance development. Ordinance development projects, which assist a grantee with the development of local regulations or ordinances to protect or prevent degradation of water quality or aquatic life. Ordinance development projects shall include all of the following:

NR 193.51(4)(a) (a) The development of an ordinance that is presented for adoption by the grantee or another appropriate jurisdiction.

NR 193.51(4)(b) (b) An assessment of the administrative and enforcement capacity and costs to implement the ordinance.

NR 193.51 Note Note: Examples of ordinances include boating or other recreational use restrictions, stormwater management and land use ordinances.

NR 193.51 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (intro.), (a) (intro.), 3., (b) (intro.), (c), (d), (2), (3) (intro.), (4) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.52 NR 193.52 General requirements.

NR 193.52(1) (1) Applicability. Healthy Lakes and Rivers projects, shoreland protection projects, in-water management projects, wetland restoration projects, and wetland restoration incentives outlined in s. NR 193.51 (1) and (2) shall occur in one or more of the following locations:

NR 193.52(1)(a) (a) Within 1,000 feet of the ordinary high water mark of a lake.

NR 193.52(1)(b) (b) Within 300 feet of a river or to the landward side of the flood plain, whichever distance is greater.

NR 193.52(1)(c) (c) Within a wetland that is part of an aquatic ecosystem.

NR 193.52(2) (2) Project design plan. In addition to the application elements specified in subch. I, applications for a grant for a shoreland protection project, in-water management project, or wetland restoration project outlined in s. NR 193.51 (1) (b) to (d) shall be submitted with a project design plan that includes the following elements to be considered during application review and ranking:

NR 193.52(2)(a) (a) A project implementation timeline and a site map. Projects requiring design and engineering shall submit one or more additional supporting documents, including schematics, site plans, monitoring plan, monitoring schedule, landscape design, or vegetation planting lists.

NR 193.52(2)(b) (b) A maintenance plan describing how the project will be managed to maintain its conservation value.

NR 193.52(3) (3) Control of property. Unless the property is owned by the state, the grantee shall have control of the property, through ownership, easements, deed restrictions, or contracts such that the sites being restored with grant funds awarded under s. NR 193.51 (1) (b) to (d), and s. NR 193.51 (2) and (3) remain in conservation use for 20 years.

NR 193.52 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (b), (2) (intro.), (3) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.53 NR 193.53 Eligibility for a management plan implementation project.

NR 193.53(1) (1) A grantee shall request from the department a determination of eligibility prior to applying for a management plan implementation grant awarded under s. NR 193.51 (3) or an aquatic invasive species control grant awarded under s. NR 193.63 (3) or (4), subject to the following:

NR 193.53(1)(a) (a) A request for an eligibility determination for a future grant cycle shall be made in writing at least 60 days prior to the grant application deadline.

NR 193.53(1)(b) (b) The request shall include a cover memorandum describing the activities proposed for grant funding, a complete copy of the management plan, the citation of the supporting recommendation in the plan, a description of the process the grantee used to provide the public the opportunity to review and comment on the plan, and a summary of any comments received.

NR 193.53 Note Note: The citation of a supporting recommendation in a plan may be specified using the page and line number or section where the recommendation occurs.

NR 193.53(2) (2) The department shall consider the request and may determine that none, some, or all of the recommendations or activities are eligible for a management grant. Once the department has approved one or more recommendations, an applicant is eligible to apply for a management plan implementation grant. When determining eligibility for a management plan implementation project, the department may do any of the following:

NR 193.53(2)(a) (a) Consider the extent to which the activities recommended in a plan are likely to do one or more of the following:

NR 193.53(2)(a)1. 1. Prevent the pollution of surface water.

NR 193.53(2)(a)2. 2. Protect surface water or aquatic ecosystems.

NR 193.53(2)(a)3. 3. Improve surface water or aquatic ecosystems.

NR 193.53(2)(b) (b) Consider the extent to which the content presented in the plan supports the implementation of the requested management activities or alternatives.

NR 193.53(2)(c) (c) Complete the review within 45 days of the receipt of the plan, at which point the department may request additional information or approve all, some, or none of the plan recommendations.

NR 193.53(2)(d) (d) Communicate the basis for denying the approval of any of the plan recommendations submitted for eligibility determination, in writing.

NR 193.53(3) (3) The department may consider the eligibility of management plan recommendations or activities under this section when they are contained in a current management plan. A current management plan will have a completion date of no more than 10 years prior to submittal under this section, notwithstanding aquatic plant management plans, which shall have a completion date of no more than 5 years prior to submittal under this section. The department may determine that a longer lifespan is appropriate for a given management plan if the applicant can demonstrate it has been actively implemented and updated during its lifespan.

NR 193.53 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (2) (intro.), (c) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.54 NR 193.54 Ineligible activities. Activities not eligible for funds awarded under this subchapter include those that are necessary to comply with a regulatory action, including wetland mitigation projects that implement the restoration, enhancement, or creation of wetlands or shoreline habitat to compensate for permitted adverse impacts to other wetlands or shoreline habitats, including the use of credits from a wetland mitigation bank; shoreland mitigation projects; AIS control and aquatic plant management projects; the installation of sanitary sewers; and the maintenance and operation of aeration systems, stormwater detention ponds and facilities, dams, sanitary sewers, or private onsite waste disposal systems.

NR 193.54 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

subch. V of ch. NR 193 Subchapter V — Aquatic Invasive Species Control

NR 193.60 NR 193.60 Purpose. The purpose of this subchapter is to establish procedures for awarding cost-sharing grants for integrated pest management of aquatic invasive species populations that threaten or cause adverse effects on surface waters and shorelands.

NR 193.60 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.61 NR 193.61 Definitions. In addition to definitions provided in s. NR 193.03, the following definitions apply to this subchapter:

NR 193.61(1) (1) “Established population” means a reproducing population of aquatic invasive species that is not a pioneer population.

NR 193.61(2) (2) “Integrated pest management strategy” means a pest management strategy consistent with s. NR 193.65 (1).

NR 193.61(3) (3) “Person” has the meaning given in s. 990.01 (26), Stats.

NR 193.61(4) (4) “Pioneer population” means a small population of an aquatic invasive species in the early stages of colonization whose presence has been verified within the past 5 years.

NR 193.61(5) (5) “Prohibited species” has the meaning given in s. NR 40.02 (41).

NR 193.61(6) (6) “Restricted species” has the meaning given in s. NR 40.02 (46).

NR 193.61(7) (7) “Verified” means for an aquatic invasive species to have been identified and had its location confirmed through the department’s verification and response protocol.

NR 193.61 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776.

NR 193.62 NR 193.62 Eligible grantees. In addition to the eligible grantees under subch. I, any person owning property on which a verified prohibited species occurs or who has a waterbody located entirely on their property in which a verified prohibited species occurs is eligible to apply for an Aquatic Invasive Species Control Grant under this subchapter.

NR 193.62 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.63 NR 193.63 Eligible projects.

NR 193.63(1) (1) Prevention. Prevention projects are intended to prevent the introduction of new invasive species to a waterbody or control the spread of invasive species among waterbodies. Eligible projects include:

NR 193.63(1)(a) (a) Watercraft inspection projects, which shall comply with all of the following:

NR 193.63(1)(a)1. 1. Watercraft inspectors shall be trained by attending a department-approved training workshop and receiving program materials approved by the department prior to the initiation of inspections.

NR 193.63(1)(a)2. 2. Trained inspectors shall conduct inspections of watercraft or equipment at waterbody access points. Watercraft inspectors shall collect and report data, provide education, and collect or report specimens that may be aquatic invasive species.

NR 193.63(1)(a)3. 3. Trained watercraft inspectors shall accumulate a minimum of 200 inspection hours. Hours may be spent at one waterbody access point or spent across 2 access points. Grantees shall prioritize spending grant-funded time when public activity on waterbodies is the highest, including weekends, holidays, fishing tournaments, and during other special events.

NR 193.63(1)(a)4. 4. Data collected through watercraft and equipment inspection shall be reported through the department’s statewide database. Data uploaded to the statewide database shall serve as progress reports and the final report required under s. NR 193.19.

NR 193.63 Note Note: “Clean Boats, Clean Waters” is the department-approved watercraft inspection program and the Surface Water Integrated Monitoring System is the department’s statewide database.

NR 193.63(1)(b) (b) Prevention projects intended to reduce the spread or risk of introduction of AIS as approved by the department. Eligible educational activities shall be limited to those that are directly related to the implementation of a prevention project funded under this subsection.

NR 193.63 Note Note: AIS Education grants available under this chapter are outlined in s. NR 193.31 (2).

NR 193.63(2) (2) Early detection and response projects. Early detection and response projects will assist applicants in the planning and management of verified populations of prohibited species and of verified pioneer populations of restricted species. Pioneer populations are in the early stages of colonization. The department may use best professional judgement, considering the population extent, abundance, and spatial distribution, to determine whether the population may be qualified as a pioneer population eligible for funding under this subsection. For rooted invasive aquatic plant species, a pioneer population is one that covers a small area, is typically sparse, and will have been verified during the preceding 5 years. A pioneer population will cover an area that is less than 3 acres in size or has colonized less than 3% of the habitable area of the lake, stream reach, or wetland, whichever is greater.

NR 193.63(2)(a) (a) For a restricted aquatic invasive species, one grant for any one population may be awarded for an early detection and response project under this section.