281.65(11)
(11) Notwithstanding subs.
(3) (am) and
(3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2005. Notwithstanding subs.
(2) (a),
(4) (dm),
(e),
(em) and
(g) 4.,
(4m) (b) 3. and
(8) (b) and
(e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub.
(8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s.
92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2005, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.
281.65(12)
(12) Notwithstanding sub.
(8), during fiscal year 2002-03, the department shall make a payment under this section to a landowner who received a notice of discharge under ch.
283, who entered into a cost-share agreement with the department of agriculture, trade and consumer protection for a grant under s.
92.14 (4) (c), 1997 stats., and who complied with the cost-share agreement but who did not receive the grant under s.
92.14 (4) (c), 1997 stats. The department shall make a payment under this subsection in the amount to which the landowner would have been entitled under the cost-share agreement with the department of agriculture, trade and consumer protection. The department may not require a landowner to file an application to receive payment under this subsection.
281.65 History
History: 1977 c. 418;
1979 c. 34,
221;
1979 c. 355 s.
241;
1981 c. 20;
1981 c. 346 s.
38;
1983 a. 27;
1983 a. 189 s.
329 (16);
1983 a. 416;
1985 a. 29;
1987 a. 27;
1989 a. 31,
336,
366;
1991 a. 39,
309;
1993 a. 16,
166,
213,
246,
491;
1995 a. 27,
201,
225;
1995 a. 227 s.
428; Stats. 1995 s. 281.65;
1995 a. 404 s.
204;
1997 a. 27,
209,
237;
1999 a. 9;
1999 a. 150 s.
672;
2001 a. 16,
109;
2003 a. 33;
2007 a. 20;
2009 a. 28;
2013 a. 1;
2017 a. 59.
281.65 Cross-reference
Cross-reference: See also chs.
NR 120 and
151, Wis. adm. code.
281.66
281.66
Urban nonpoint source water pollution abatement and storm water management program. 281.66(1)(c)
(c) “Population" means population shown by the last federal census or by any subsequent population estimate under s.
16.96.
281.66(1)(e)1.
1. An area with a population of 1,000 or more per square mile.
281.66(1)(e)2.
2. An area in which the land is used for industrial or commercial land uses.
281.66(2)
(2)
Administration. The department shall administer the program under this section in a manner that promotes all of the following:
281.66(2)(a)
(a) Management of urban storm water and runoff from existing and developing urban areas to achieve water quality standards, to minimize flooding and to protect groundwater.
281.66(2)(b)
(b) Coordination of urban nonpoint source management activities and the municipal storm sewer discharge permit program under s.
283.33.
281.66(3)(a)(a) The department may provide a cost-sharing grant for a project under this section only if all of the following apply:
281.66(3)(a)2.
2. The governmental unit with jurisdiction over the project area ensures adequate implementation of construction site pollution control, and of storm water management after development, for development and redevelopment of sites of one or more acres.
281.66(3)(a)4.
4. The project is consistent with priorities identified by the department on a watershed or other geographic basis.
281.66(3)(a)5.
5. The application for the project specifies the watershed, subwatershed or specific site that will be served by the project.
281.66(3)(b)
(b) The department may provide financial assistance under this section for a project in a governmental unit either to that governmental unit or to another governmental unit that is required to control storm water discharges under s.
283.33.
281.66(4)(a)(a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant or cost-sharing grant may not exceed 50 percent of eligible costs.
281.66(4)(b)
(b) The department may award a local assistance grant for any of the following:
281.66(4)(b)1.
1. Storm water management for urban areas and for areas that are expected to become urban areas within 20 years.
281.66(4)(b)2.
2. Informational and educational activities related to nonpoint source water pollution control, construction site erosion control or storm water management.
281.66(4)(b)3.
3. Development, administration and enforcement of a construction site erosion control or storm water management ordinance.
281.66(4)(b)4.
4. Training of staff concerning nonpoint source water pollution control, construction site erosion control or storm water management.
281.66(4)(b)5.
5. Other activities identified by the department by rule.
281.66(4)(c)
(c) The department may award a cost-sharing grant for any of the following types of projects:
281.66(4)(c)1.
1. Structural urban best management practices, including necessary land acquisition, storm sewer rerouting and removal of structures, and associated flood management, except that the department may not award a grant for structural urban best management practices associated with new construction or new development.
281.66(4)(c)2.
2. Stream bank or shoreland stabilization necessary to control pollution.
281.66(4)(c)3.
3. Other nonpoint source water pollution abatement or storm water management practices identified by the department by rule.
281.66(5)
(5)
Scoring system. The department shall use a scoring system for ranking nonpoint source water pollution abatement and storm water management projects for which applications are submitted under this section. The criteria on which the scoring system is based shall include all of the following:
281.66(5)(a)
(a) The extent to which the application proposes to use the cost-effective and appropriate practices to achieve water quality goals.
281.66(5)(b)
(b) The existence in the project area of an impaired water body that the department has identified to the federal environmental protection agency under
33 USC 1313 (d) (1) (A).
281.66(5)(c)
(c) The extent to which the project will result in the attainment of established water quality objectives.
281.66(5)(d)
(d) The local interest in and commitment to the project.
281.66(5)(e)
(e) The inclusion of a strategy to evaluate the progress toward reaching project goals, including the monitoring of water quality improvements resulting from project activities.
281.66(5)(f)
(f) The extent to which the application proposes to use available federal funding.
281.66(5)(g)
(g) The extent to which the project is necessary to enable the city of Racine to control storm water discharges as required under
33 USC 1342 (p).
281.66(6)
(6)
Grants for campuses. Notwithstanding subs.
(3) and
(4), the department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s.
283.33 and that is located in a priority watershed, as defined in s.
281.65 (2) (c), a priority lake area, as defined in s.
281.65 (2) (bs), or an area that is identified as an area of concern by the International Joint Commission, as defined in s.
281.35 (1) (h), under the Great Lakes Water Quality Agreement.
281.66 History
History: 1999 a. 9 ss.
2525f,
2525g;
2015 a. 55.
281.665
281.665
Municipal flood control and riparian restoration program. 281.665(1)(b)
(b) “Local governmental unit" means a city, village, town or metropolitan sewerage district.
281.665(2)
(2)
Administration. The department shall administer the program under this section to provide financial assistance to local governmental units for facilities and structures for the collection and transmission of storm water and groundwater, including the purchase of perpetual flowage and conservation easement rights on land within floodways, and for the floodproofing of public and private structures that remain in the 100-year floodplain.
281.665(3)(a)(a) The department may provide a cost-sharing grant for a project that affects 2 or more local governmental units to one of the following:
281.665(3)(a)1.
1. One of the affected local governmental units upon application by all of the affected local governmental units.
281.665(3)(a)2.
2. A local governmental unit that has jurisdiction over the provision of storm water collection facilities for all of the affected local governmental units.
281.665(3)(c)
(c) The department may provide a cost-sharing grant for a project that affects one local governmental unit to that local governmental unit.
281.665(4)(a)(a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 50 percent of eligible costs, including planning and design costs. A cost-sharing grant may not exceed 50 percent of eligible costs for construction and real estate acquisition.
281.665(4)(b)
(b) In any fiscal year, the department may not provide to any applicant more than 20 percent of the funding available under this section in the fiscal year.
281.665(4)(c)1.1. Notwithstanding pars.
(a) and
(b) and subject to subd.
2., the department shall provide a cost-sharing grant under this section for a project described under sub.
(5) (d) in an amount sufficient to accomplish the flood-control goals of the project as proposed in the application, but not to exceed $14,600,000.
281.665(4)(c)2.
2. The department may not provide a cost-sharing grant under subd.
1. unless the department first notifies the cochairpersons of the joint committee on finance, in writing, that it intends to award the grant. The notice shall contain a description of the purposes proposed for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed grant within 14 working days after the date of the department's notification, the moneys may be awarded as proposed by the department. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed grant, no moneys may be awarded without the approval of the committee.
281.665(5)(a)
(a) The department shall promulgate rules specifying eligibility criteria for projects under this section and for determining which eligible projects will receive financial assistance under this section.
281.665(5)(b)
(b) The department may not provide a cost-sharing grant for a project under this section if any of the following applies:
281.665(5)(b)2.
2. The project provides for the channelization of a stream or for lining a natural stream bed with concrete.
281.665(5)(c)
(c) The department shall include all of the following in the criteria for determining which eligible projects will receive cost-sharing grants under this section:
281.665(5)(c)1.
1. The extent to which a project minimizes harm to existing beneficial functions of water bodies and wetlands.
281.665(5)(c)2.
2. The extent to which a project maintains aquatic and riparian environments.
281.665(5)(c)3.
3. The extent to which a project uses storm water retention and detention structures and natural storage.
281.665(5)(c)4.
4. The extent to which a project provides opportunity for public access to water bodies and to the floodway.
281.665(5)(d)
(d) Notwithstanding pars.
(a) to
(c), during the 2017-19 and 2019-21 fiscal bienniums, the department shall consider an applicant to be eligible for a cost-sharing grant for a project under this section if the project is funded or executed in whole or in part by the U.S. army corps of engineers under
33 USC 701s.
281.665 History
History: 1999 a. 9;
2015 a. 55;
2017 a. 59,
369.
281.665 Cross-reference
Cross-reference: See also ch.
NR 199, Wis. adm. code.
281.67
281.67
Watershed projects. The department shall assist and advise the department of agriculture, trade and consumer protection regarding watershed projects under
16 USC 1001 to
1008.
281.67 History
History: 1981 c. 346;
1995 a. 227 s.
429; Stats. 1995 s. 281.67.
281.68
281.68
Lake management planning grants and lake monitoring and protection contracts. 281.68(1)(b)
(b) “Qualified lake association" means an association that meets the qualifications under sub.
(3m) (a).
281.68(1)(c)
(c) “Qualified school district" is a school district that meets the qualifications under sub.
(3m) (c).
281.68(1m)
(1m)
Purposes of grants and contracts. The department shall develop and administer a financial assistance program to provide lake management planning grants and to award contracts under sub.
(1t) for projects to provide information and education on the use of lakes and natural lake ecosystems and on the quality of water in lakes and the quality of natural lake ecosystems.
281.68(1r)
(1r)
Uses of grants. Lake management planning grants shall be used to improve water quality assessment and planning and to aid in the selection of activities to do any of the following:
281.68(1r)(a)
(a) Prevent pollution from entering into lakes or into natural lake ecosystems.
281.68(1r)(b)
(b) Protect or improve the quality of water in lakes or the quality of natural lake ecosystems.
