Register August 2020 No. 776
Chapter NR 193
SURFACE WATER GRANT PROGRAM
Subchapter I — General Provisions
NR 193.01 Purpose and authority.
NR 193.04 Accountability.
NR 193.05 DNR cost-share percentages and maximum grant award amounts.
NR 193.06 Eligible and ineligible costs.
NR 193.08 Cost containment.
NR 193.12 Grant awards and grant agreements.
NR 193.13 Conditions for grant agreements.
NR 193.14 Maintenance and disposition of assets.
NR 193.15 Required deed restrictions.
NR 193.16 Professional service agreements.
NR 193.17 Project quality assurance requirements.
NR 193.18 Grant payments.
NR 193.19 Grantee reporting.
Subchapter II — Education and Planning
NR 193.31 Surface water education.
NR 193.32 Surface water planning.
NR 193.33 Conditions for management plan development grants.
Subchapter III — County Lake Grants
NR 193.41 Eligible grantees.
NR 193.42 Eligible projects.
Subchapter IV — Surface Water Management
NR 193.51 Surface water management grants.
NR 193.52 General requirements.
NR 193.53 Eligibility for a management plan implementation project.
NR 193.54 Ineligible activities.
Subchapter V — Aquatic Invasive Species Control
NR 193.62 Eligible grantees.
NR 193.63 Eligible projects.
NR 193.64 Ineligible activities.
NR 193.65 General conditions.
Subchapter VI — Lake Monitoring and Protection Network
NR 193.72 Eligible network cooperators.
NR 193.73 Establishing the network.
NR 193.74 Network services.
NR 193.75 Network participants.
NR 193.76 Network activities.
Subchapter VII — Land Acquisition
NR 193.83 Eligible and ineligible projects.
NR 193.84 Grantee acquisition match.
NR 193.85 General grant conditions when land is acquired under this subchapter.
NR 193.86 Additional conditions for conservation easements.
NR 193.87 Grant calculation.
NR 193.89 Grant agreements for acquisition projects.
NR 193.01
NR 193.01
Purpose and authority. This chapter establishes procedures for awarding cost-sharing grants to public and private entities to protect and improve the waters of Wisconsin. Rules under this chapter outline grant programs supporting aquatic invasive species control and prevention as provided for in s.
23.22 (2) (c),
Stats., lake management planning as provided for in s.
281.68, Stats., lake management and lake classification pursuant to s.
281.69, Stats., river planning and management as provided for in s.
281.70, Stats., and a lake monitoring and protection contract program pursuant to s.
281.68 (3) (bg), Stats.
NR 193.01 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20.
NR 193.02(1)(1)
This chapter outlines a grant program that provides financial assistance for surface water planning and management projects benefitting the waters of Wisconsin. Eligible grant recipients include counties, cities, towns, villages, and other local governmental units; tribal governing bodies; town sanitary districts; public inland lake protection and rehabilitation districts; nonprofit conservation organizations; qualified surface water management organizations; qualified school districts; accredited colleges; accredited universities and technical schools; qualified lake associations; qualified river management organizations; natural resource agencies; and other substantially similar organizations. Substantially similar organizations seeking eligibility for grants awarded under this chapter shall submit a request for a determination of eligibility on a form designated by the department.
NR 193.02(2)
(2) Grants awarded under this chapter may be used for education, planning and management projects conducted for the benefit of surface water or aquatic ecosystems. Lake protection funding is available for projects benefitting lakes and lake ecosystems. Lake management grants that include natural resource enhancement services are available for projects benefitting public inland lakes. River protection funding is available for activities benefitting rivers and riverine ecosystems. Aquatic invasive species control funding is available for aquatic invasive species projects conducted on surface waters of the state, including lakes, rivers, streams, wetlands and the Great Lakes.
NR 193.02(3)
(3) These general provisions apply to grants awarded under this chapter. Subchapters
VI and
VII will use the he general provisions contained in this subchapter, unless indicated otherwise in subchs.
VI and
VII.
NR 193.02 Note
Note: Applicants may wish to review the Surface Water Grant Program Guidance available on the Surface Water Grant Program website.
NR 193.02 History
History: CR 19-078: cr.
Register May 2020 No. 773, eff. 6-1-20; correction in (3) made under s.
35.17, Stats.,
Register May 2020 No. 773.
NR 193.03
NR 193.03
Definitions. In this chapter:
NR 193.03(1)
(1) “
Acquisition costs” means the fair market value of the property, as determined by department appraisal guidelines, and reasonable costs related to the purchase of the property limited to the costs of appraisals, legal fees associated with closing up to a maximum DNR cost share of $1,000, costs of land surveys, title and gap insurance costs, title company closing costs, recording fees, costs of historical and cultural assessments required by the department, costs of environmental inspections, audit costs, and baseline documentation costs required for conservation easements. “Acquisition costs” does not include environmental clean-up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other costs not identified in this subsection.
NR 193.03(2)
(2) “
Aquatic ecosystem” means a lake ecosystem or riverine ecosystem.
NR 193.03(3)
(3) “
Aquatic invasive species” means organisms, eggs, larvae, seeds, fragments, propagules, and any other viable life stage of a non-indigenous water or wetland-dwelling organism, including hybrids, cultivars, subspecific taxa, or genetically modified variants, whose introduction is likely to cause adverse economic, recreational, environmental or human health effects.
NR 193.03 Note
Note: Some aquatic invasive species are legally identified, classified, and regulated under ch.
NR 40 and s.
NR 109.07.
NR 193.03(4)
(4) “
Aquatic invasive species control” means to remove, cut and remove, destroy, suppress, or otherwise prevent the introduction or spread of aquatic invasive species.
NR 193.03(5)
(5) “
Aquatic life” means aquatic plants, aquatic algae, aquatic invertebrates, aquatic or semi-aquatic vertebrates, or other aquatic organisms or their habitats.
NR 193.03(6)
(6) “
Capital asset” means a long-term item having a useful life of more than one year and an acquisition cost of $5,000 or greater. “Capital asset” includes customized equipment where the sum of the components is equal to or in excess of $5,000.
NR 193.03(8)
(8) “
Cost containment” means the process of managing the expenses required to complete a project within pre-planned budgetary constraints.
NR 193.03(9)
(9) “
Department” means the Wisconsin department of natural resources.
