Trans 28.01Trans 28.01 Purpose and scope. The purpose of this chapter is to set forth the department’s administrative interpretation of s. 85.095, Stats., and to prescribe the administrative policies and procedures for implementing the harbor assistance program authorized by s. 85.095, Stats.

Trans 28.02(1)(1) “Commercial transportation facility” means a facility used by vessels under construction or repair, by vessels transporting passengers or commodities or by commercial fishing vessels, but does not include a facility used on a regular basis by recreational or sport fishing vessels.

Trans 28.02(1m)(1m) “Cruise vessel” means a passenger vessel as defined in 46 USC 2101(22) or a small passenger vessel as defined in 46 USC 2101(35) that provides overnight accommodations for at least 50 passengers for hire and operates on a schedule between 2 points of sailing. Cruise vessels are not considered to be recreational vessels.

Trans 28.02(2)(2) “Department” means the Wisconsin department of transportation.

Trans 28.02(3)(3) “Disposal facility” means containment facilities, diked or undiked disposal sites, or transfer sites for future beneficial reuse.

Trans 28.02(4)(4) “Disposal facility costs” means costs of acquisition, construction, operation, or physical maintenance of a disposal facility.

Trans 28.02(5)(5) “Dock wall” means any bulkhead, pier or shoreline development used as a commercial transportation facility.

Trans 28.02(6)(6) “Dredging” means the excavating of harbor sediment or bottom materials, including the mobilization or operation of equipment for excavation, the sampling and analysis of sediment to determine the composition of material to be dredged or the transportation of dredged material to and placement of dredged material in a disposal facility.

Trans 28.02(7)(7) “Dredged material disposal” means placing dredged material in a disposal facility.

Trans 28.02(8)(8) “Eligible applicant” has the meaning given in s. 85.095 (1) (a), Stats.

Trans 28.02(9)(9) “Eligible costs” means costs approved in a grant agreement.

Trans 28.02(9m)(9m) “Ferry” means a passenger vessel that has provisions for deck passengers or vehicles, or both, and operates on a regular schedule between a minimum of 2 points.

Trans 28.02(10)(10) “Maintenance dredging” means dredging in an area previously dredged to the dimensions agreed upon in the grant agreement, but does not include dredging to greater dimensions than those to which the area has been previously dredged.

Trans 28.02(11)(11) “Project priority list” means a ranking by the department, assisted by an advisory council as described in s. Trans 28.06 (3), of various eligible applicant-proposed harbor improvement projects in the rank order in which the department proposes to fund the various projects.

Trans 28.02 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: cr. (1m) and (9m) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (5), (8) and (11) Register July 2005 No. 595, eff. 8-1-05.

Trans 28.03Trans 28.03 Harbor assistance program objective. The objective of the harbor assistance program is to assist the eligible applicant to provide necessary water access and to maintain or improve the economically effective commodity movement capabilities of Wisconsin’s harbors on the Great Lakes or the Mississippi River system.

Trans 28.04(1)(1) Description. Every eligible harbor assistance project shall benefit a commercial transportation facility. Eligible harbor assistance projects include dockwall and disposal facility construction, repair, maintenance or rehabilitation; maintenance dredging of materials from a harbor or dredging of new harbor areas; dredged material disposal; and other harbor improvements related to the physical needs of a port that maintain or increase commodity or passenger movement capabilities.

Trans 28.04(2)(2) Location. Eligible projects shall be located only in Great Lakes or Mississippi River system harbors where vessels take on or discharge a combined total of more than 1,000 tons of commercial cargo per year; where commercial, naval or recreational vessels are built; where passenger or vehicle–carrying ferry service connects the Wisconsin communities along the Great Lakes and Mississippi River, or connects the Wisconsin mainland with other states, Canadian provinces or populated islands in Wisconsin or where commercial fishing vessels unload fish. The U.S. army corps of engineers’ annual tonnage figures shall be the basis for the tonnage determination; where tonnage figures are not available, the eligible applicant shall provide tonnage figures based on auditable records.