Section 281.69 (3), Stats., directs the department to develop rules for a lake management grant program that will improve or protect lakes and lake ecosystems, classify lakes by use, and implement protection activities for the lakes based on their classification. Section 281.70 (2), Stats., directs the department to develop rules for a river protection grant program to provide grants for planning and management projects to protect or improve the ways rivers are used, the quality of water in rivers and riverine ecosystems, and/or the fish populations, aquatic life or fish habitat in rivers. Section 23.22 (2) (c), Stats., directs the department to develop rules for a grant program to control invasive species that specifically includes education and inspection activities at boat landings. Section NR 103.03, Wis. Adm. Code, connects the quality of waters of the state with wetlands. This rule outlines the set of water quality related functional values or uses of wetlands that shall be protected in the interest of protecting, preserving, restoring and enhancing water quality. Functional values include discharge of groundwater to a wetland, recharge of groundwater through a wetland, storm and flood water storage, hydrologic functions, filtration or storage of sediments, nutrients and toxic sediments, shoreline protection, habitat, and scientific and natural scenic beauty. Section NR 1.95 (3) (b), Wis. Adm. Code, identifies wetland values as complex, and breaks them into several categories, including ‘biological functions’ related to habitat, biodiversity, breeding, and feeding, ‘watershed functions’ related to physio-chemical functions like maintenance of hydrologic patterns and physio-chemical processes necessary for ecosystem stability, and ‘recreational, cultural and economic values’ related directly to activities like hunting, canoeing, culture and directly and indirectly related to water quality, habitat provision, culture and economics. Chapter NR 115, Wis. Adm. Code, outlines Wisconsin’s shoreland protection program, where shoreland subdivision and zoning regulations are required to “further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses; and reserve shore cover and natural beauty.” Chapter NR 115, Wis. Adm. Code, outlines Wisconsin’s shoreland protection program, where shoreland subdivision and zoning regulations are required to “further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses; and reserve shore cover and natural beauty.” Section 59.692, Stats., requires counties to effect the purposes of s. 281.31, Stats., and to promote the public health, safety and general welfare by adopting zoning regulations for the protection of all shorelands in unincorporated areas that meet shoreland zoning standards promulgated by the department. Sections NR 1.91 (4) and 1.91 (6), Wis. Adm. Code, outline public boating access standards and alternative public boating access standards for resource enhancement services. Resource enhancement services require that the public be provided with reasonable public boating access, stipulating that the department may provide protection services for pollution abatement or prevention and natural resources protection even if public access is not available. Section NR 50.05, Wis. Adm. Code, details the administration of outdoor recreation program grants and state aids, including s. NR 50.05(8), stating that the acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance. Chapter NR 149, Wis. Adm. Code, outlines the requirements for the administration of the laboratory certification program by the department. The rule created by this order requires laboratory work be conducted by a state-certified laboratory. Chapters NR 153 and 154, Wis. Adm. Code, identify grant programs, best management practices, eligibility and cost-share procedures for lake, river and watershed projects addressing non-point source pollution. General provisions and administrative procedures are similar to the procedures specified in the rules repealed by this order, chs. NR 190, 191, 192, 195, and 198, Wis. Adm. Code. The creation of ch. NR 193, Wis. Adm. Code, will allow the department to streamline procedures and align policies to unite the existing subprograms and provide consistency in guidance and administration.
5. Plain Language Analysis:
The Surface Water Grant Program provides financial assistance to eligible recipients to improve and protect water quality and the quality of lake and river ecosystems, and to prevent and control aquatic invasive species. The grant program has evolved incrementally over 26 years and is currently governed by 5 separate but related administrative rules and 2 state statutes. Annually, the Surface Water Grant Program provides over $6 million dollars to lake and river groups, other nonprofit organizations, and local units of government. Funding comes from the Water Resources Account of the Conservation Fund (motor boat gas tax revenues). The Bureaus of Water Quality and Community Financial Assistance propose to repeal the 5 related rules that govern the Surface Water Grant Program and recreate one consolidated rule chapter.
The proposed ch. NR 193 will unite the program under a consistent set of procedures and policies, improving customer service and satisfaction and administrative consistency and efficiency. The proposed rule will also update the program to employ contemporary management practices, enhance project performance and grantee accountability, and ultimately support better and more cost-effective environmental outcomes that serve local needs and advance department management objectives for state surface water. Grants and contracts under existing administrative codes provide state cost-sharing assistance to nonprofit organizations and governmental units for 2 primary activities: (1) Planning projects to help communities understand the condition of aquatic ecosystems and watersheds, collect data, conduct studies, and develop management plans, and (2) Management projects to protect and improve water quality and aquatic habitat and prevent and control aquatic invasive species.
Annually, around 40% of the available funding is allocated to planning activities on lakes, rivers and for aquatic invasive species, while around 60% is dedicated to management. Under the current planning program, awards for aquatic invasive species range to $150,000 per project, lake planning projects may be awarded up to $25,000 per project ($100,000 per lake), river planning projects are capped at $10,000, and county lake classification projects are awarded up to $50,000. Under the current program for management, aquatic invasive species control projects and lake management plan implementation projects are eligible to request up to $200,000. Shoreline and wetland restoration projects are eligible for up to $100,000. River management projects may be awarded up to $50,000. The Healthy Lakes Program awards $1,000 per best management practice installed, not to exceed $25,000 per project. Land acquisition grants may be requested for up to $50,000 for rivers and $200,000 for lakes. Appropriations for all 3 grant programs come from the Water Resources Account of the Conservation Fund (funded by motor boat gas tax revenues). The proposed consolidated rule will be the first fully comprehensive review and update of these rules.
The recreated rule also will update citations, references, and notes to appropriate statutes and administrative codes and include other housekeeping changes. Some of the proposed changes will implement recommendations from 3 Lean Six Sigma projects the department completed to streamline the application process and create administrative efficiencies.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
There is no direct comparison with federal regulation. These are non-regulatory programs. Proposed changes are intended to assist the department in implementing the goals of the federal Clean Water Act and U.S. Fish and Wildlife Service (USFWS) aquatic invasive species regulations. Under plans filed with the U.S. Environmental Protection Agency and USFWS, federal funding received by the department may be awarded through these grants and state funds awarded through these programs may count as state match to federal funds the department receives.
This rule references best management practices outlined in the U.S.D.A. Natural Resources Conservation Service practice standards for Wisconsin.
7. Comparison with Similar Rules in Adjacent States:
Neighboring states provide cost-sharing grants using state and federal funds to support activities that are substantially like those eligible for financial assistance under this proposed rule. Like Wisconsin, each of the neighboring states administers a section 319 program funded by the Environmental Protection Service to address nonpoint source pollution.
Minnesota
The Minnesota Department of Natural Resources offers competitive grants to help qualified organizations carry out projects to solve issues that impact Lake Superior and its coast. Projects focus on protecting and restoring habitat and water quality, sustainable development, education and providing public access. Grants awarded in the annual category range from $10,000 to $100,000, and short-term grants range from $2,500 to $10,000. $12.5 million has been awarded since 2001.
Minnesota supports work on invasive species through state-funded grant programs. They provide assistance for aquatic invasive species education, planning and prevention, for aquatic invasive species control, and for watercraft inspections. Due to funding limitations, Minnesota did not accept applications in 2018. Additional funding amounting to $10 million annually is provided directly to counties for aquatic invasive species prevention programs. Counties are required by statute to establish and adopt a plan for how they will use the funding on an annual basis.
Minnesota administers a grant program to assist county governments with stream bank maintenance. Activities include debris and vegetation removal, bank stabilization, and snagging and sedimentation reduction. This cost-sharing program usually awards between $5,000 and $15,000 per project. The program was created in 1973; it is not currently funded but remains in place in case funding is restored in the future.
Historically, Minnesota also ran a wild and scenic river land acquisition program to further the Wild and Scenic River statutes and rules. The program was last funded for payments in 1989.
Michigan
The Michigan Department of Environmental Quality (DEQ) manages a Coastal Management Grant program. Awards to eligible applicants are intended to support coastal management planning, to protect and restore coastal and estuarine areas, to protect high quality areas, rare and threatened species and natural communities, to fulfill recreational needs, to carry out management plans, and to acquire and manage land. Projects must be held in public ownership and provide conservation in perpetuity, provide public access, and be consistent with resource protection. The maximum for a single grant award is $1.5 million. For planning and construction projects, awards range from $10,000 to $100,000.
Michigan also provides support for local governments and organizations to implement water quality monitoring projects throughout the state. These grants are currently unavailable due to lack of funding. Local governments, schools, municipalities, planning agencies and other eligible applicants also receive cost-shared state funding to support a volunteer cleanup program for rivers, streams, and creeks.
The Clean Michigan Initiative provides state funding to implement physical improvements in approved watershed management plans intended to restore and protect waters. Eligible activities include best management practices, project evaluation, and load reduction modelling. A DEQ-approved watershed plan is required to be eligible for the funds. Between $1 and $2 million in funding is typically available per year. There is no financial cap on proposals, but projects must cost at least $25,000.
Michigan also supports a set of storm water and infrastructure grant programs. The Source Water Protection program provides matching funds to public water supply systems to develop and implement projects to prevent drinking water sources from contamination. $500,000 is available annually. The State Revolving Fund provides low-interest loans for water pollution reduction projects, including wastewater treatment system improvements, storm water treatment projects, and nonpoint source pollution management projects. Funding levels per year depend on federal funding. The Strategic Water Quality Initiatives Fund provides low-interest loans for water pollution reduction, including upgrade and replacement of failing septic systems or for the removal of groundwater or storm water from sanitary or combined sewer leads. Between $10 and $20 million are available annually.
Michigan’s Invasive species grant program addresses prevention, detection, eradication and control for terrestrial and aquatic invasive species. Minimum grant awards are $25,000 with maximum amounts between $60,000 and $400,000 depending on the type of project. $3.6 million was available for the 2017 grant cycle.
Iowa
The Iowa DNR provides cost-sharing grants to county conservation boards for land acquisition and fish habitat restoration. Land shall be controlled by the county applicant. Eligible activities include aeration, aquatic plant projects, construction of sediment retention basins, fish ladder construction, dam repair and removal, and land acquisition. In 2019, $70,000 will be available.
Dam mitigation projects are also eligible for state financial assistance. A maximum of $50,000 per project may be given to reduce the damage and impacts of low head dams in a way that demonstrates beneficial effects on stream health, fish or mussel migration and habitat, aesthetics, and recreational value. This year, the program will grant $200,000.
Iowa’s Land and Water Conservation Fund is a highly competitive program that awards federal funds to counties for cost-sharing grants that improve outdoor recreation area development and acquisition. Similarly, the city parks and open spaces grant program provides funding for open spaces. The Water Recreation Access cost-sharing program supports land acquisition and development of water access points and boat launches. The conservation education program provides around $350,000 per year for conservation and stewardship education. Funding for these programs comes through the resource enhancement and protection (REAP) Act of 1989 and was over $2 million in 2017.
Illinois
The Illinois Department of Natural Resources administers a federally-funded Land and Water Conservation Fund and a state-funded Open Space Lands Acquisition and Development program that provides cost-shared assistance to local units of government to carry out projects that conserve land and water. Eligible activities include the acquisition of land for public parks and conservation purposes, and development activities that are eligible for funding include construction of water quality basins, habitat restoration, wetland restoration and nature parks. Land acquisition for open space and recreation includes the ability to purchase land for conservation purposes, including the protection of floodplains, wetlands, natural areas, wildlife habitat and unique geologic or biologic features. Grant awards range up to $750,000 for acquisition projects and $400,000 for development projects. Illinois’ Wildlife Fund Grant program provides support for non-profit organizations to preserve, protect ad acquire or manage habitat, including flyways and other waterfowl areas.
Illinois also runs a coastal management program that awards local government units, educational institutions, and other non-profits funds for coastal education and outreach, land acquisition, resource protection, habitat restoration, invasive species management, access, and low-cost construction projects. Awards often total over $1 million per year.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
None.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
None.
10. Effect on Small Business (initial regulatory flexibility analysis):
Small business is not directly affected by the rule because grants are issued only to governmental units, educational institutions, and non-profit surface water management organizations. Therefore, under s. 227.114, Stats., an initial regulatory flexibility analysis is not required. Environmental consultants and companies involved in surface water planning, surface water management, and aquatic invasive species control should benefit from a consolidated and streamlined program that is easier to understand and navigate. Changes in the funding caps for grant programs and changes in the timing of the grant cycle may affect the timing and activity cycles of their work. The addition of quality assurance requirements in s. NR 193.17 will mean that, for some projects, a grantee must adhere to minimum training and qualifications. Consultants or grantees may incur costs for staff time to attend required trainings but registration costs will be minimal or free. 11. Agency Contact Person:
