Chapter NR 335

Register October 2010 No. 658

Chapter NR 335

MUNICIPAL DAM GRANT PROGRAM

NR 335.01   Purpose.

NR 335.02   Applicability.

NR 335.03   Definitions.

NR 335.04   Eligibility for a state grant.

NR 335.05   State share.

NR 335.06   Application and award procedures.

NR 335.07   Grant application.

NR 335.08   Eligible and ineligible costs.

NR 335.09   Criteria for priority ranking.

NR 335.10   Construction period.

NR 335.11   Final project approval.

NR 335.12   Grant payments.

NR 335.13   Adoption of land use controls in the hydraulic shadow.

NR 335.14   Grantee accountability.

NR 335.15   Variances.

NR 335.16   Dam grant inventory.

Ch. NR 335 Note Note: Chapter NR 335 was repealed and recreated by emergency rule effective 9-1-90. Chapter NR 335 as it existed on April 30, 1991, was repealed and a new chapter NR 335 was created effective May 1, 1991.

NR 335.01 NR 335.01 Purpose. The purpose of this chapter is to establish procedures for implementation of the dam maintenance, repair, modification, or abandonment and removal aid program established under s. 31.385, Stats.

NR 335.01 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.02 NR 335.02 Applicability.

NR 335.02(1) (1) This chapter shall apply to applications for state aid in the form of grants for dam maintenance, repair, modification, or abandonment and removal under s. 31.385, Stats.

NR 335.02(2) (2) The provisions of this chapter are applicable to dams that:

NR 335.02(2)(a) (a) Are owned by a municipality or public inland lake protection and rehabilitation district; and

NR 335.02(2)(b) (b) Are not inspected, approved and licensed by a federal agency under 18 CFR Part 12.

NR 335.02 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: am. (1) Register October 2010 No. 658, eff. 11-1-10.

NR 335.03 NR 335.03 Definitions. For the purpose of this chapter:

NR 335.03(1) (1) “Abandonment” means abandonment of the permit or approval of a dam and the removal of the dam in compliance with ch. 31, Stats.

NR 335.03(2) (2) “Approval” means the written approval of the department.

NR 335.03(3) (3) “Authorized representative” means the official or employee designated by resolution of the governing body of a municipality or lake district to act on behalf of the owner under this chapter.

NR 335.03(4) (4) “Dam” means any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse.

NR 335.03(5) (5) “Dam grant inventory” means the list of dams maintained by the department that require a dam safety project and for which a grant application has been filed under s. 31.385, Stats.

NR 335.03(6) (6) “Dam safety project” means the maintenance, repair, modification, or abandonment and removal of a dam to increase the safety of the dam or any other activity that will increase the safety of the dam.

NR 335.03(7) (7) “Department” means the department of natural resources.

NR 335.03(8) (8) “Directives” means the requirements for repair, maintenance, modification or abandonment established by the department in the inspection report sent to the owner.

NR 335.03(9) (9) “Force account” means the performance of a project with the forces and resources of the sponsor, including personal services, equipment and materials.

NR 335.03(10) (10) “Fringe benefits” means employers’ contributions or expenses for social security, employee’s life and health insurance plans, unemployment insurance coverage, worker’s compensation insurance, pension retirement plans, and employee benefits in the form of regular compensation during authorized absences from the job (such as annual, sick, court or military leave). These contributions and expenses shall be equitably distributed to all employee labor activities.

NR 335.03(11) (11) “Grantee” means the municipality or lake district which receives a grant award from the state under this chapter.

NR 335.03(12) (12) “Hydraulic shadow” means that area of land downstream from a dam that would be inundated by water upon failure of the dam during the regional flood.

NR 335.03(13) (13) “Indirect costs” means those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose, or are not readily assignable to a project or program.

NR 335.03(14) (14) “Investigation” means an inspection performed by or in coordination with the department after the owner has received either directives in an inspection report or an order, to determine whether the owner may be eligible for a grant under this chapter for work that remains to be performed on the dam.

NR 335.03(15) (15) “Lake district” means a public inland lake protection and rehabilitation district formed under ch. 33, Stats.

NR 335.03(16) (16) “Land use controls” means a floodplain zoning ordinance adopted and approved pursuant to s. 87.30, Stats., or restrictive covenants, easements or other appropriate legal arrangements between the owner of the dam and the owners of all property within the dam’s hydraulic shadow.

NR 335.03(17) (17) “Modification” means any physical change to a dam, other than maintenance or repair of the existing components, that results in a change in the dam’s hydraulic capacity or structural stability.

NR 335.03(18) (18) “Municipality” means any town, village, city, county, or tribe in this state.

NR 335.03(19) (19) “Order” means an enforcement order issued by the department under s. 31.19 (5), Stats., to an owner to repair or abandon a dam.

NR 335.03(20) (20) “Owner” means any municipality or lake district which holds the permit or approval under ch. 31, Stats., to a dam and fee title ownership or permanent legal access for the purposes of operation and maintenance to the specific piece of land on which a dam is physically located.

NR 335.03(21) (21) “Regional flood” means a flood determined to be representative of large floods known to have occurred in Wisconsin and which may be expected to occur on a particular stream once in every 100 years.

NR 335.03 Note Note: The regional flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall or runoff characteristics in the watershed or both. The flood frequency of the regional flood is once in every 100 years. In any given year, there is a 1% chance that the regional flood may occur or be exceeded.

NR 335.03(22) (22) “Repair” means work performed on a dam, including maintenance, which is required to provide proper operation or continued structural integrity of the dam and does not change the dam’s hydraulic capacity.

NR 335.03(23) (23) “Sponsor” means a dam owner who applies for a grant under this chapter to do a dam safety project at their dam.

NR 335.03(24) (24) “Sponsor match” means the portion of the dam safety project which is not funded by the state. Eligible sources of sponsor match may include cash from the sponsor; in-kind contributions; funds generated by local, state or federal government; grants or contributions from foundations, businesses, private individuals, non-profit organizations, or other local state or federal grants.

NR 335.03 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: am. (1), (4) and (23), r. (12) to (14), (18) and (20), renum. (5), (6), (7), (8), (9) to (11), (15) to (17) and (19) to be (7), (8), (11), (12), (14) to (16), (17) to (19) and (20) and am. (14), (18) and (20), cr. (5), (6), (9), (10), (13) and (24) Register October 2010 No. 658, eff. 11-1-10.

NR 335.04 NR 335.04 Eligibility for a state grant.

NR 335.04(1) (1) Any municipality or lake district that owns a dam in Wisconsin may apply for state aid for repair, modification or abandonment of the dam upon compliance with sub. (2).