NR 154.04(28)(b)(b) Except as provided under par. (c), the provisions for sediment included in s. ATCP 50.86 shall apply.
NR 154.04(28)(c)(c) Sediment basins with embankments of 15 to 25 feet in structural height or with maximum storage capacities of 15 to 50 acre-feet in volume may be cost-shared only if the department makes a finding, in writing and prior to construction, that failure of the structure would have minimum potential to endanger life or real or personal property.
NR 154.04(29)(29)Shoreline habitat restoration for developed areas.
NR 154.04(29)(a)(a) Definitions. In this subsection, “shoreline habitat restoration” means the establishment in developed areas of a shoreline buffer zone of diverse native vegetation that extends inland and water-ward from the ordinary high water mark. The shoreline habitat restoration design seeks to restore the functions provided by the original, natural vegetation, and includes a mixture of native trees, shrubs, ground cover or wetland species. This practice includes the following:
NR 154.04(29)(a)1.1. Natural recovery. Used where native vegetation will recover naturally when a site is protected from disturbance, due to the presence of existing native plants, and adequate seed sources and site conditions. This method may be applied to wet margins of lakes or rivers where turf grasses are not well established and in shallow water areas adjacent to shoreland restoration areas.
NR 154.04(29)(a)2.2. Accelerated recovery. Used in areas not suited for natural recovery. Native vegetation is established by seeding and planting. This method shall be used in areas where dense turf grasses have been maintained for several years. This may also be used in limited situations where one or more layers of natural vegetative cover have been removed if approved by the department.
NR 154.04(29)(b)(b) Eligible costs. Costs eligible for cost-sharing reimbursement include:
NR 154.04(29)(b)1.1. Costs for shoreline habitat restoration when existing shoreline vegetation lacks the structure or complexity to support habitat functions for littoral and riparian areas.
NR 154.04(29)(b)2.2. Costs for plants, seed, mulch and erosion control materials.
NR 154.04(29)(b)3.3. Costs for labor and services necessary for installation.
NR 154.04(29)(c)(c) Ineligible costs. Costs ineligible for cost-sharing reimbursement include:
NR 154.04(29)(c)1.1. Cost for practice design unless approved by the department.
NR 154.04(29)(c)2.2. Cost for plants, seed, mulch or other materials not approved by the department.
NR 154.04(29)(c)3.3. Costs for shoreline erosion control materials such as riprap or biologs unless approved by the department.
NR 154.04(29)(c)4.4. Cost for materials for stairs, walkways, paths or other access structures.
NR 154.04(29)(d)(d) Design, construction and maintenance. A cost-share grant under ch. NR 153 may not reimburse any costs related to shoreline habitat restoration for developed areas unless all the following conditions are met:
NR 154.04(29)(d)1.1. No violations of county and local shoreland zoning requirements are present on the entire property.
NR 154.04(29)(d)2.2. Runoff from roofs, driveways or other hard surfaces on the property is maintained in sheet flow with no channels or gullies, to the greatest extent possible using downspout runoff spreaders, directing runoff to flat or gently sloping grassy areas and minor landscaping to temporarily pond or spread out runoff or other means.
NR 154.04(29)(d)3.3. No channelized flow occurs through the restoration.
NR 154.04(29)(d)4.4. If fertilizer use is desired outside the buffer area, zero-phosphorus types are used unless soil tests specifically indicate a need for phosphorus and the project sponsor approves its use.
NR 154.04(29)(d)5.5. No changes in land use or management may occur that cause increased pollution to surface water from sources that were controlled prior to the installation of a shoreline habitat restoration practice.
NR 154.04(29)(d)6.6. The buffer created by shoreline habitat restoration extends the entire length of the lot along the shoreline except that a viewing and access corridor is allowed. The corridor is not eligible for cost sharing. Corridors may not exceed 30 feet in width and may encompass no greater than 30% of the property for lots less than 100 feet wide. The restoration area design may include the provision of water access, the enhancement of desirable views, the screening of unwanted views and consideration of privacy. Where buildings are set back 50 feet or more, the buffer shall extend at least 35 feet inland from the ordinary high water mark. Where buildings are set back less than 50 feet, a no touch zone where no vegetation is removed or land is disturbed shall extend to within 15 feet of the structure.
NR 154.04(29)(d)7.7. Shallow water areas that are capable of supporting aquatic vegetation waterward of the ordinary high water mark shall be managed so that vegetation, land or other habitat features are not disturbed after the buffer is established. Areas waterward of the viewing and access corridor are exempt from this condition.
NR 154.04(29)(d)8.8. An evaluation of existing vegetation on the site is necessary prior to the selection of plant materials and restoration method. The natural vegetation that occurs in the region or vicinity of the restoration site shall be considered in developing restoration plans.
NR 154.04(29)(d)9.9. In order to restore the functional values of the vegetative buffer, it shall consist of 3 layers: a ground cover, a shrub layer and a tree canopy. Vegetation in all 3 layers shall be vigorous, diverse and structurally complex. The only exception to this requirement may be where natural conditions in the region lack these characteristics.
NR 154.04(29)(d)10.10. Vegetation shall be adapted to the local soils, climate and the surrounding vegetation. Only species approved by the project sponsor may be planted. Native species are required, and invasive species such as reed canary grass and purple loosestrife are prohibited.
NR 154.04(29)(d)11.11. The project sponsor shall identify the most appropriate recovery methods for each individual site.
NR 154.04(29)(d)12.12. The following conditions apply to installation practices:
NR 154.04(29)(d)12.a.a. Comply with local NRCS planting recommendations to determine recommended planting dates for ground covers, shrubs and trees.