NR 47.910
NR 47.910 Purpose. The purpose of this subchapter
is to establish procedures for participation in the state cooperative gypsy moth suppression program consistent with ss.
26.30 (2),
(5) and
(6m) and
28.07, Stats., as an alternative to a control program under s.
26.30 (7) to
(10), Stats. The suppression program includes awarding and administering federal cost sharing funds to counties for the purpose of aerial insecticide treatment of gypsy moth outbreaks.
NR 47.910 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.911(1)(1)
The provisions of this subchapter are applicable to all county governments applying for cost sharing under this subchapter
.
NR 47.911(2)
(2) The natural resources board may order that this subchapter is not applicable to all county governments that would otherwise be eligible for cost sharing under this subchapter. Such an order will remain in effect until the natural resources board rescinds that order.
NR 47.911 Note
Note: The natural resources board issued an order under this subsection on August 8, 2018.
NR 47.911 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 17-081: renum. NR 47.911 to (1), cr. (2)
Register July 2018 No. 751, eff. 8-1-18.
NR 47.912
NR 47.912 Definitions. In this subchapter:
NR 47.912(1)
(1) “Administrative cost" means eligible expenses associated with preparation of applications, notification of residents, collection of funds, maintenance of records and other activities dealing with the preparation and administration of the cost shared suppression program for gypsy moths.
NR 47.912(2)
(2) “Applicant" means a Wisconsin county that submits an application for inclusion in the state gypsy moth suppression program and cost sharing for the treatment of and associated administrative costs for suppression of gypsy moth outbreaks.
NR 47.912(3)
(3) “Application" means a department form, materials and maps for all areas being proposed for treatment and cost sharing in the state gypsy moth suppression program by an applicant.
NR 47.912(3m)
(3m) “County coordinator" means the person designated to represent and act on behalf of an applicant for the purpose of applying for cost sharing and executing an agreement binding his or her principal, either by duly adopted resolution or otherwise, as detailed under this subchapter.
NR 47.912(4)
(4) “Department" means the Wisconsin department of natural resources.
NR 47.912(5)
(5) “Forest service" means the U.S. department of agriculture, forest service.
NR 47.912(6)
(6) “Gypsy moth" means the foreign pest,
Lymantria dispar L.
NR 47.912 Note
Note: A new common name for Lymantria dispar, spongy moth, replaced the prior name of this insect, gypsy moth, in 2022. The department acknowledges this decision and will make the name change in future rule making.
NR 47.912(7)
(7) “High use recreational land" means land that is used primarily for recreation and where trees are at a similar density, stress level and individual value to those in residential areas. This category includes campgrounds, urban parks, playgrounds, picnic areas and golf courses.
NR 47.912(9)
(9) “Local cost share" means the portion of the cost of the project other than federal funds administered by the department.
NR 47.912(10)
(10) “Preferred hosts" means tree species listed as Class I and II in the Gypsy Moth Management in the United States: a cooperative approach, Environmental Impact Statement, Appendix G, Table 2-2. This document can be obtained from the USDA Forest Service, Northeastern Area State and Private Forestry, 1992 Folwell Ave., St. Paul, MN 55108.
NR 47.912(11)
(11) “Residential land" means land with an average of one or more residences per 5 acres.
NR 47.912(12)
(12) “Rural land" means land with an average of less than one residence per 5 acres.
NR 47.912(13)
(13) “Treatment" means aerial application of insecticide.
NR 47.912(14)
(14) “Treatment block" means an eligible area identified under this subchapter for aerial treatment with insecticide.
NR 47.912 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am. (7), rn. (8) to be (3m) and am.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.913(1)(a)
(a) Only counties may apply for participation in the state cost shared suppression program.
NR 47.913(1)(b)
(b) An applicant shall designate a county coordinator who shall administer requests for treatment from and for all residents of the county. Training shall be provided by the department. A
county coordinator, or his or her designee, shall complete all of the following tasks:
NR 47.913(1)(b)1.
1. Respond to requests for assistance from residents of the county.
NR 47.913(1)(b)2.
2. Determine if areas requested for treatment within a county are eligible for treatment.
NR 47.913(1)(b)4.
4. Complete and file applications with the department under this subchapter.
NR 47.913(1)(b)5.
5. Collect local cost share moneys for treatments and distribute federal reimbursement.
NR 47.913(1)(b)6.
6. Notify county residents of the availability of the suppression program and how to apply for treatment. Notification may be accomplished by a press release, a public meeting or other cost-effective means of alerting the public.
NR 47.913(1)(b)7.
7. Notify residents within eligible treatment blocks and surrounding areas determined by the applicant by publication of a class one legal notice under ch.
985, Stats., in a local newspaper at least 10 days before a deadline, a press release and a public meeting. The county coordinator, or his or her designee, shall conduct the public meeting.
NR 47.913(1)(b)8.
8. Accommodate residents within the proposed spray block who object to treatment of their property by revising or dropping treatment blocks. If other resident's properties are dropped from a suppression block due to accommodating an objector, the county coordinator shall notify affected residents.
NR 47.913(1)(b)9.
9. Assist as a ground observer or provide observers as required by the department during the aerial treatment or both. All observers shall attend observer training provided by the department.
NR 47.913(1)(b)10.
10. Perform a post treatment evaluation of defoliation within blocks identified by the department. The department shall provide the procedure for evaluation.
NR 47.913(1)(b)11.
11. Develop and submit requests for reimbursement for eligible administrative costs.
NR 47.913(1)(b)12.
12. Maintain records and file with the department materials requested for an annual report.
NR 47.913(2)
(2)
Eligible treatment blocks. To be eligible for cost sharing under this subchapter, a proposed treatment block shall comply with the following criteria:
NR 47.913(2)(a)
(a) Be at least 20 contiguous acres in a compact and regular shape.
NR 47.913(2)(d)
(d) Have the following minimum average number of egg masses per acre as determined by surveys done according to directions in the application materials:
NR 47.913(2)(d)1.
1. 500 egg masses per acre on residential or high use recreational
land.
NR 47.913 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am. (1), (2) (a), (b) 1. and (d) 1.
Register October 2005 No. 598, eff. 11-1-05.
NR 47.914(1)(1)
An eligible applicant, described in s.
NR 47.913 (1), may apply for participation in the statewide treatment program and cost sharing for aerial insecticide treatment and associated administrative costs for eligible blocks as described in s.
NR 47.913 (2).
NR 47.914(2)
(2) Applicants shall submit applications for cost sharing to department staff, identified on the application for the area of the state involved, no later than the first Friday in December, along with a digitized map of each proposed treatment block in the format specified on the application form to be eligible for participation in the treatment program for that year. Application forms can be obtained by writing to the program manager for the gypsy moth grant program.
NR 47.914 Note
Note: The address for the program manager for the Gypsy Moth Grant Program is Division of Forestry, Forest Health Program, P.O. Box 7921, Madison, WI 53707.
NR 47.914(3)
(3) Applicants shall submit with the application an electronic list of telephone, facsimile, mailing address and email contacts associated with each treatment block to the designated department staff specified in the application and in the format provided by the department. Required contacts for each block include all schools and licensed daycare providers within a treatment block, local government officials, health, police, sheriff and fire departments within whose jurisdiction a treatment block exists, hospital emergency rooms in the area of treatment blocks, and other concerned parties as necessary. These lists shall be used by department staff to provide prior notification of aerial treatments.
NR 47.914(4)
(4) The department shall review applications and recommend treatment for blocks determined to be eligible to the department of agriculture, trade and consumer protection for inclusion in the state treatment plan. If the department finds that a block is ineligible, the basis for the decision of ineligibility shall be identified and the department staff and applicant shall work together to produce an acceptable revision no later than January 15th. If an acceptable revision cannot be agreed upon, the block shall be dropped from the program.
NR 47.914(5)
(5) The department shall notify applicants of eligibility of proposed blocks.
NR 47.914(6)
(6) The applicant shall enter into an agreement with the department regarding cost sharing and continued eligibility under this subchapter to continue its eligibility. The grant agreement shall be signed no later than April 1.
NR 47.914(7)
(7) The applicant
shall designate a county-wide deadline for residents of proposed spray blocks to register their objection to treatment and also the method for registering an objection.
NR 47.914(8)
(8) The applicant shall notify landowners and tenants within the eligible proposed treatment blocks and an area surrounding those blocks to be determined by the applicant. All notices shall provide information on location of proposed treatment blocks, insecticide to be used, approximate timing of treatment, how to register an objection to treatment of property and the name, address and phone number of the county coordinator. Notification requirements of applicants to landowners and tenants shall include:
NR 47.914(8)(a)
(a) Publication of a class 1 legal notice as defined in s.
985.07, Stats., in a local newspaper at least 10 days prior to a deadline designated in the notice for registering an objection by a landowner or tenant to treatment on the land under the landowner's or tenant's control.
NR 47.914(8)(b)
(b) A press release at least 10 days prior to the deadline for objection to treatment of property and which announces the public meeting.
NR 47.914(8)(c)
(c) A public meeting conducted by the applicant and held at least 7 days prior to the deadline for objection to treatment of property.
NR 47.914(9)
(9) Records of calls and notification mailings, meetings and publications shall be kept by the applicant and submitted to the department in accordance with the grant agreement. Failure to maintain and submit these records required in this paragraph and in the grant agreement shall result in cancellation of treatment blocks from that applicant.
NR 47.914(10)
(10) County coordinators shall contact objectors who register an objection to treatment of their property before the deadline, determine the cause for objection and attempt to resolve it. If objections cannot be resolved, county coordinators shall work with the department's designated staff to remove the property and add any buffer strip necessary to avoid treatment of the property. The buffer strip may not exceed 250 feet. If a treatment block is canceled because accommodating objectors makes the block untreatable in the judgment of the contractor for pesticide application, the county coordinator shall notify residents and return money that has been collected. The applicant shall resolve any objections on the basis of payment and the applicant is responsible for the entire local share of costs of treatment for blocks under its jurisdiction. Treatment blocks shall be removed from the program due to nonpayment of the cost share by the applicant.
NR 47.914(11)(a)(a) The department shall provide an estimate of per acre cost for treatment to county coordinators no later than February 15th of each year. The applicant shall collect the entire estimated cost for treatment of the blocks the applicant applied for and pay it to the department by April 1 unless otherwise provided on the application. If payment is not received by the deadline, the block shall be dropped from the program. Once the payment for treatment blocks has been received, the boundaries of these treatment blocks shall be considered fixed. Alteration or cancellation of a treatment block may only occur in the event of an irreconcilable conflict with a federally listed threatened or endangered species or where the contractor for pesticide application determines treatment of the block to be hazardous to the contractor. If a block is removed, the department shall return the payment for that treatment block and the county coordinator shall notify residents and return money that has been collected for the spray treatment.
NR 47.914(11)(b)
(b) The department shall, under cooperative agreement, work with the department of agriculture, trade and consumer protection to coordinate treatments.
NR 47.914(12)
(12) Applicants shall submit a record of administrative costs incurred in the project period of July 1 through June 30 to the department by July 15.
NR 47.914 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 04-137: am. (2), (4) and (6), r. (3) and (7) (a), renum. (7) to (11) to be (8) to (11) and (3) and am. (3), (8) (intro.), (10) and (11) (a), cr. (7)
Register October 2005 No. 598, eff. 11-1-05.
NR 47.915(1)(1)
A grant under this subchapter shall be no more of the eligible costs of treatment and administration than the maximum for the appropriate category described in the following paragraphs and be based on the amount of cost share funding received from the forest service:
NR 47.915(1)(a)
(a) Privately owned lands under 500 acres per owner may be cost shared up to 50%.
NR 47.915(1)(b)
(b) Private lands of over 500 acres per owner may be cost shared at up to 33%.
NR 47.915(2)
(2) If full funding from the forest service to cover the maximum share of treatment and administrative expenditures of the applicants is not available, the federal funds shall be applied to treatment and administrative costs on a pro-rata basis based on acreage per applicant. Reimbursement for both treatment and administrative work shall be returned to the counties. Applicants are responsible for all treatment and administration costs that exceed the amount reimbursed. The county may collect adequate funds to cover administrative expenses or treatment expenses and determine how reimbursement of federal cost share is distributed once it is received by the county. Any funds recovered in excess of total program expenses shall be returned to the source of local cost share.
NR 47.915 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 47.916(1)(1)
Grant awards. Grants shall be awarded subject to execution of the department's grant agreement by both the department and the grant applicant.
NR 47.916(2)
(2)
Payment. Grant payments may be made only upon approval of a claim supported by evidence of cost that the reimbursable work has been completed and scheduled match has been met.
NR 47.916(3)
(3)
Audit. All grant records are subject to audit. Records including all documentation to support grant revenues, expenditures, and program compliance shall be kept for review by the department auditors for a period of 4 years after final payment.
NR 47.916 History
History: Emerg. cr. eff. 11-10-00;
CR 00-177: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 47.917
NR 47.917 Eligible and ineligible costs. NR 47.917(1)(1)
Eligible costs. Applicant expenditures eligible for reimbursement under this subchapter shall be documented and provided to the department with any request for cost-share reimbursement. Eligible costs from July 1 to June 30 of each year are subject to cost share reimbursement under this subchapter. Reimbursement for treatment and administration of a block may not be more than the maximum for the appropriate category for the block or portion thereof as described in s.
NR 47.915 (1) (a) to
(c). The following items are eligible for cost share reimbursement under this subchapter only if aerial treatments are conducted and the costs are eligible under this subchapter and as identified in the grant agreement:
NR 47.917(1)(a)
(a) Topographic maps, aerial photos, weather monitoring equipment and personal safety equipment.
NR 47.917(1)(b)
(b) Contracts for specialized equipment, including the rental of 2-way radios identified in the agreement between the department and the applicant.
NR 47.917(1)(c)
(c) Communication supplies, including the rental of communication equipment used to coordinate the aerial treatment. Costs incurred for cellular phone service is limited to the period of April 20 through June 10 if the expenses are directly related to aerial treatments.
NR 47.917(1)(d)
(d) Landowner notification supplies, including supplies and postage for notification letters, costs of publication of legal notices, costs associated with the public meeting to discuss specific proposed spray blocks, phone bills and documented proportion of office rental.
NR 47.917(1)(e)
(e) Educational materials, including the costs of producing or reprinting publications, literature and maps necessary to inform the public about the suppression program.
