The purpose of this chapter is to establish directions for the implementation of the safe recreational boating facilities program in order to provide easy access to all waters of the state giving due regard to the need for environmental quality and the needs of all the population for water based recreation.
NR 7.01 History
Cr. Register, April 1979, No. 280
, eff. 5-1-79.
The provisions of this chapter are applicable to all governmental units and qualified lake associations applying for financial assistance for safe recreational boating projects under s. 30.92
NR 7.02 History
Cr. Register, April 1979, No. 280
, eff. 5-1-79; am. Register, December, 1986, No. 372
, eff. 1-1-87; am. Register, January, 1993, No. 445
, eff 2-1-93.
The following definitions are applicable to terms used in this chapter.
"Approval" means the signing by the secretary or secretary's designee of a project agreement that encumbers a specified amount of state aid funds for a specific purpose.
"Commission" means the Wisconsin waterways commission appointed by the governor under s. 15.345
"Department" means the Wisconsin department of natural resources.
"Donations" means the cash or non-cash contributions of materials, equipment, services or labor provided by a third party to the sponsor that are reasonable and necessary for carrying out the project and meet the same test of eligibility as any other cost item.
"Feasibility study" means an investigation of the environmental, economic and engineering aspects of a safe recreational boating facility project to determine if the project may be successfully carried out.
"Force account" means the forces and resources of a sponsor including the use of the sponsor's own employees and equipment for construction, construction related activities (including architectural or engineering services), repair or improvement to a facility.
"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 and sick, court or military leave.
"Governmental unit" means the department, a city, village, town, county, public inland lake protection and rehabilitation district organized under ch. 33, Stats.
, or the Fox river management commission.
"Indirect costs" means those costs not directly assignable to a project. Such costs are generally administrative in nature, are incurred for a common or joint purpose, or are not readily assignable to a project.
NR 7.03 Note
Note: Examples of indirect costs include central office heat, light, utilities, administrative salaries, secretarial services, postage, etc., which are not supported by time reports or other documentation which links the expenditure to a particular project.
"In-kind contributions" means the non-cash contributions of materials, equipment, services or labor provided by the sponsor that are reasonable and necessary for carrying out the project and meet the same test of eligibility as any other cost item.
"Project" means a specific recreational boating facility development, dredging of channels of waterways for recreational boating purposes, acquisition of capital equipment necessary to cut and remove aquatic plants, and acquisition of aids to navigation and regulatory markers.
"Project agreement" means a contract between the sponsor and department setting forth the obligations with regard to a portion or all of a specific project.
"Project period" means the period of time specified in the project agreement during which all work shall be completed or all items acquired.
"Project priority list" means a ranking by the commission of various safe recreational boating facility projects in the order of their scheduled receipt of funds.
"Safe recreational boating facilities" means places where the public has access to the water by means of breakwaters and other similar physical structures, either naturally or artificially constructed, which provide safety and convenience for operators of recreational watercraft. "Recreational boating facilities" also includes locks and facilities which provide access between waterways for operators of recreational watercraft. Safe recreational boating facilities on the Great Lakes are commonly referred to as harbors of refuge. Safe recreational boating facilities on inland waters are commonly referred to as public accesses or launching ramps.
"Secretary" means the secretary of the department.
"Sponsor" means a governmental unit or qualified lake association receiving assistance under this chapter.
NR 7.03 History
Cr. Register, April 1979, No. 280
, eff. 5-1-79; r. (3), renum. (1), (2), (4) to (7) to be (2), (3), (5), (8), (9) and (1) and am. (9), cr. (4), (6), (7) and (10), Register, December, 1986, No. 372
, eff. 1-1-87; renum. (1) to (10) to be (2) to (4), (7), (9) to (12), (14) and (15) and am. (9) and (11), cr. (1), (5), (6), (8), (13) and (16), Register, January, 1993, No. 445
, eff. 2-1-93; CR 00-112
: cr. (3a) and (8a), Register November 2001 No. 551
, eff. 12-1-01.
General aids provisions. NR 7.04(1)
Claims for payment shall be submitted within 6 months after the project termination date.
Except as provided in pars. (b)
expenditures shall be within the project period, project scope, and project amount as shown on the project agreement.
Expenditures for engineering or planning costs, necessary to develop a construction project proposal for commission review, made prior to entering a project agreement may be reimbursed by the department if made a part of the project agreement..
Expenditures for the acquisition of aids to navigation or regulatory markers made prior to entering a project agreement may be reimbursed by the department.
A request for a project extension shall be submitted prior to the project termination date.
All payments are contingent upon final audit. All financial records, including all documentation to support entries in the accounting records to substantiate changes for each project, shall be kept available by sponsors for review by state officials for a period of 3 years after final payment.
Grants of financial assistance for recreational boating facilities shall be consistent with the provisions of ss. NR 1.90
Prior to project review by the commission, the sponsor shall have obtained all permits required under ch. 30, Stats.
, and s. 281.17 (2)
Sponsors shall comply with all applicable state and federal regulations regarding bidding and awarding contracts, wage and labor rates, access for individuals with disabilities, flood disaster protection, environmental quality and historical preservation.
Sites to be developed with recreational boating facilities funds shall be owned in fee simple by a sponsor or the sponsor shall hold a lease or easement for the site. When a site to be developed is leased or subject to an easement, the degree of control over the site by the sponsor and the period of time that the lease or easement continues shall be factors in determining the amount of recreational boating facilities funds to be granted to the project. The minimum length of the lease or easement shall not be less than 20 years and shall include the right to construct, operate and maintain a recreational boating facility.
The total amount of assistance from the recreational boating facilities program and other state or federal funds for projects on lands owned by the department and leased or for which the department has entered an agreement or lease with a sponsor to develop and maintain a recreational boating facility may not exceed 90% of the eligible project costs. No more than 50% of the eligible project costs may be funded with recreational boating facilities monies.
Pursuant to s. 30.92(4)(b)
2m, Stats., the substantiated value of in-kind contributions or donated money, materials, equipment, services or labor may be used as all or part of the sponsor's share of the project cost subject to all of the following:
All sources of sponsor match shall be indicated when the application for a grant is submitted.
The value of in-kind contributions is what the sponsor would have to pay for similar services, materials, equipment or labor based on existing contracts, schedules or on the open market.
The maximum value of donated labor shall be $6.00 per hour.
The value of donated equipment shall conform to the Wisconsin department of transportation county highway rates for equipment.
NR 7.04 Note
The county highway rates for equipment are formulated under s. 84.07
, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
The value of donated materials and services shall conform to market rates and be established by invoice.
Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.
Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.
The department may approve, with the concurrence of the commission, variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that a variance is essential to effect necessary grant actions or program objectives, and where special circumstances make a variance in the best interest of the program. Before granting a variance, the department shall take into consideration such factors as good cause and circumstances beyond the control of the sponsor.
Sponsors shall agree to operate and provide adequate maintenance of facilities and projects assisted with recreational boating facilities funds.
Recreational boating facilities developed under this chapter may not be converted to other uses without prior approval of the department.
The actual costs of force account labor and equipment is eligible. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.
Fifty percent of the financial assistance grant amount may be paid to a sponsor at the time of project approval, if requested.
NR 7.04 Note
Note: This applies only to grant contracts executed after April 1, 1997.
NR 7.04 History
Cr. Register, December, 1986, No. 372
, eff. 1-1-87; renum. (2) to be (2) (a) and am., cr. (2) (b), (c), (5) to (15), am. (4), Register, January, 1993, No. 445
, eff. 2-1-93; am. (2) (b), (5), r. and recr. (9), cr. (16), Register, March, 1997, No. 495
, eff. 4-1-97; CR 00-112
: am. (6) and r. and recr. (9), Register November 2001 No. 551
, eff. 12-1-01.
Qualified lake associations. NR 7.045(1)
Applications from qualified lake associations shall consist of an organizational application and a project application. The organizational application shall include the following:
Copy of the lake association by-laws or articles of incorporation.
A resolution adopted by the governing body of the lake association:
Authorizing a representative to apply for grants on their behalf, sign documents and take necessary action to undertake, direct and complete the approved project.
Verifying that the association has sufficient funds to complete the project.
A general description of the association including the number of members, frequency of meetings, membership qualifications and fees, age of association, purpose of the association, and a list of projects completed by the association in the last 3 years, if any.
NR 7.045 History
Cr. Register, January, 1993, No. 445
, eff. 2-1-93.
Projects eligible for funding under this section consist of:
Facilities such as ramps and boarding docks required to gain access to the water.
Structures such as bulkheads and breakwaters necessary to provide safe water conditions for boaters.
Activities such as dredging of launch basins and harbors of refuge to provide safe water depths for recreational boating. Dredging of launch basins or harbors of refuge is an eligible project only when it is associated with project development at the project site. Maintenance dredging of launch basins and harbors of refuge is not an eligible item for funding.
Support facilities including parking lots, signs, sanitary facilities, fencing or security lighting for the convenience of boaters.
Improvement and repair of locks and facilities which provide access between waterways for operators of recreational watercraft.
Acquisition of aids to navigation and regulatory markers including ground tackle. Only the costs of the aids to navigation and regulatory markers including shipping and ground tackle are eligible for funds under this chapter. The cost of repairing, placing, moving or removing aids to navigation or regulatory markers is not eligible for funds under this chapter.
Acquisition of capital equipment that is necessary to cut and remove aquatic plants that are aquatic nuisances or that are detrimental to fish habitat with the following limitations:
Eligible capital equipment shall be limited to cutting devices, barges with propelling motors, conveyors and trailering devices.
Acquisition of capital equipment is eligible only when the acquisition is pursuant to a plan to cut and remove aquatic plants that is approved by the department. If the capital equipment is to be used on more than one lake, each lake shall be covered by a department approved plan to cut and remove aquatic plants and each plan shall outline the organizational relationships, rights and responsibilities for weed harvesting operations between the cooperating sponsors.
For a single waterbody for which the equipment is being purchased the waterbody shall have a minimum acreage of harvestable aquatic plants of at least 30 acres. For several small waterbodies for which the equipment is being purchased, the cumulative acreage shall be at least 50 but no more than 100 acres of harvestable aquatic plants for all lakes combined and the waterbodies shall be in close proximity to each other as approved by the commission.
All sponsors for small lakes cooperating in the purchase of weed harvesting equipment shall demonstrate financial participation in the purchase of the equipment.
If a sponsor purchases new equipment, the department may not provide funds for the purchase of individual pieces of weed harvesting equipment more than once every 10 years. If a sponsor purchases used equipment, the 10-year limitation may be shortened to match the remaining years of utility of the equipment. If a sponsor sells any or all of the equipment funded under this chapter prior to the end of the 10 year or adjusted period, the sponsor shall repay the department 50% of the sale price.
Rehabilitation of capital improvements that are related to recreational boating facilities with the following limitations:
The repair or renovation is the result of damage from natural events or faulty design but is not a result of inadequate maintenance or lack of care.
The total estimated cost of the rehabilitation is greater than $10,000.
The total amount of costs eligible for cost sharing assistance that a sponsor receives for rehabilitation shall be reduced or refunded by any amount of damages recovered by the sponsor through either litigation or insurance settlement.
In addition to projects specified under subs. (1)
, dredging of a channel of an inland waterway to the degree necessary to accommodate recreational watercraft is eligible for funding with the following limitations:
In order to be eligible for funds, a channel to be dredged in a lake shall be defined by aids to navigation as defined in s. 30.74 (2) (b)
Cost sharing for dredging of a channel may be provided only for dredging the width of a channel to a distance of 25 feet on either side of the centerline of a river or 25 feet on either side of a center channel marker in a lake. The dredging of backslopes necessary to maintain a channel width of 50 feet for a minimum of 10 years is eligible. The depth of the channel dredging shall be limited to the depth necessary to accommodate recreational watercraft commonly utilizing the waterbody.
NR 7.05 Note
Note: The limit on the design slope ratio of the backslope dredging shall be commensurate with the nature of the lakebed materials.
Eligible costs of dredging a channel in a waterway include: engineering, including soil borings; dredging and mobilization; construction of a temporary holding area; and transportation of spoils. The cost of constructing revetments to permanently contain spoils is eligible if the sponsor can demonstrate that the cost of creating a land mass is less than the cost of transportation of spoils to a disposal site or if a substantial benefit to the recreational boating public will accrue.
Ineligible costs include: any costs relating to planning, engineering, dredging, handling, processing, transporting or depositing of contaminated dredge spoils; the purchase of land rights for a spoils deposition area or the costs of landfill storage of spoils; costs of land treatment to cover up spoils deposit; and the cost of testing or monitoring as a condition of a state or federal permit.
A sponsor may not receive funds for dredging the same channel of a waterway more than once every 10 years.