Chapter NR 193

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:

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.