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.