NR 199.08(1)(a)3. 3. Engineering or planning fees necessary to complete the project may be eligible, including costs incurred on or after October 29, 1999.

NR 199.08(1)(a)4. 4. The cost of necessary materials, supplies and equipment used exclusively for project-related purposes over its useful life or the cost of the portion of supplies or equipment used for the project.

NR 199.08(1)(a)5. 5. The costs of leased equipment and facilities used for project related purposes for the length of the project. The cost of the use of the equipment owned by the grant recipient may not exceed the county highway rates established annually by the Wisconsin department of transportation.

NR 199.08 Note 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.

NR 199.08(1)(b) (b) Eligible costs for acquisition and development grants may include, but are not limited to:

NR 199.08(1)(b)1. 1. Acquisition and removal costs.

NR 199.08(1)(b)2. 2. Costs to build facilities and structures for the collection, detention, retention, storage and transmission of stormwater and groundwater for flood control and riparian restoration projects.

NR 199.08(1)(b)3. 3. Structural floodproofing and elevation costs.

NR 199.08(1)(b)4. 4. Engineering or planning fees to complete the project may be eligible, including previously incurred costs.

NR 199.08(1)(b)5. 5. Relocation costs required in the property acquisition transaction.

NR 199.08(1)(b)6. 6. Acquisition costs to purchase conservation and flowage easements, subject to the following conditions:

NR 199.08(1)(b)6.a. a. Property encumbered by an easement may not be converted to uses inconsistent with the easement. All structural development, including residential, industrial or commercial development, is prohibited on those areas of easement property that are encumbered by a municipal flood control grant. Additional restrictions or conditions may be imposed by the easement or grant contract.

NR 199.08(1)(b)6.b. b. Agricultural, forestry, recreation and related open space uses may be permitted on property encumbered by an easement as long as those activities are compatible with the purposes of the municipal flood control program and the project.

NR 199.08(1)(b)6.c. c. Any agricultural use within the area encumbered by an easement shall be carried out in accordance with the conditions, standards and specifications of a soil and water conservation plan approved by the natural resources conservation service office located in each county.

NR 199.08(1)(b)6.d. d. Harvesting of timber within the area encumbered by an easement shall be carried out in accordance with the conditions of a forest management plan approved by the department.

NR 199.08(1)(b)6.e. e. Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Department best management practices shall be employed to the greatest extent possible for the project. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

NR 199.08(1)(b)6.f. f. If a grant application is submitted for a property as part of an acquisition of conservation and flowage easements and that property is subsequently withdrawn from consideration, another property may be substituted if inclusion of that property would result in the same or higher ranking as the application received with the original property.

NR 199.08(2) (2) Ineligible costs. Those costs which the department determines are not directly associated with or necessary to implement the project are ineligible for grants. Ineligible costs include, but are not limited to:

NR 199.08(2)(a) (a) Fines and penalties due to violations of federal, state or local laws and regulations.

NR 199.08(2)(b) (b) Ordinary operating expenses of local government applicants, such as salaries and expenses of public officials, that are not directly related to the project.

NR 199.08(2)(c) (c) Indirect costs including administrative costs and costs to purchase vehicles or other property not directly related to the project.

NR 199.08(2)(d) (d) Costs for which payment has been, or will be, received from any other funding source.

NR 199.08 History History: CR 01-014: Cr. Register October 2001 No. 550, eff. 11-1-01.

NR 199.09 NR 199.09 Grant awards and payment.

NR 199.09(1) (1) General provisions.

NR 199.09(1)(a) (a) The state share of the project cost may not be greater than 70% of the eligible project costs.

NR 199.09(1)(b) (b) A grant provided under this chapter for acquisition of easements or real property may not exceed the lesser of 70% of the purchase price by the municipality, or fair market value.

NR 199.09(1)(c) (c) In any fiscal year, the department may not provide to any applicant more than 20% of the funding available under this chapter.

NR 199.09(1)(d) (d) The applicant shall obtain all necessary permits and approvals for the project prior to grant award for acquisition or development.