Section NR 193.51 - Surface water management grants Surface Water Management Grants shall support projects that protect or restore aquatic life or water quality. Subprograms under this subchapter include all of the following:
(1) SURFACE WATER RESTORATION. Surface water restoration projects, which include wetland, shoreland, or in-water projects that will protect or improve water quality or an aquatic ecosystem. Eligible projects include all of the following:(a)Healthy Lakes and Rivers. A Healthy Lakes and Rivers project that will assist a grantee to implement prescribed best management practices to create healthy lakes and rivers. Healthy Lakes and Rivers projects are subject to all of the following conditions:1. Install best management practices that are determined and approved by the department.2. Follow the operation and maintenance requirements as prescribed by the department. A grantee shall obtain a signed conservation contract from all participating landowners that includes a commitment to install one or more best practices and to operate and maintain the function of the practice for at least 10 years.3. Include no more than 10% of the DNR cost share of a Healthy Lakes and Rivers project as project management or technical assistance costs that are not implementation costs. The 10% is calculated based on the DNR cost share of the per practice cost and may not exceed the funding cap established in s. NR 193.05. Note: A copy of the statewide Healthy Lakes and Rivers Plan may be obtained directly from the Healthy Lakes website. Copies are also on file at the offices of the department and legislative reference bureau.
(b)Shoreland protection. A shoreland protection project that will assist a grantee in carrying out best management practices intended to improve surface water or aquatic ecosystems. Eligible activities include one or more of the following best practices conducted in compliance with the general and practice-specific standards outlined in s. ATCP 50.61: 1. Critical area stabilization.4. Grade stabilization structures on artificial or non-navigable streams, channels, and gullies.6. Streambank or shoreline protection, in conjunction with revegetation, soil bioengineering, or upland erosion control.7. Water bars; sediment and water basins; pervious pavement; rain gardens; vegetation planting and urban pollution and runoff control projects; and impervious area removal within 35 feet of the ordinary high water mark.(c)In-water management. In-water management projects that will assist a grantee to protect or improve the littoral or in-stream areas of waterbodies. Eligible activities include installing department-approved structures that provide fish or wildlife habitat; culvert, road, or trail stream crossing modification or removal and other modifications to improve habitat or connectivity; and planting of native aquatic plants.(d)Wetland restoration. Wetland restoration projects that will assist a grantee to restore or enhance a prior converted or existing wetland. Projects shall occur on hydric soils. A grantee shall implement best practices outlined in ch. ATCP 50 and follow the associated U.S. department of agriculture natural resources conservation service practice standards for Wisconsin for wetland restoration or enhancement. Eligible activities include drainage tile disablement, ditch plugs and fills, water level manipulation, and vegetation management and enhancement.(2) WETLAND RESTORATION INCENTIVES. Wetland restoration incentives, which are intended to support wetland restoration projects and are available to a grantee who has completed a comprehensive land use plan as defined in s. 66.1001(1) (a), Stats., that includes a recommendation for wetland enhancement or restoration. Incentive grants of $10,000 each will be awarded to eligible recipients with no grantee match required. Funds awarded under this subsection shall be used for wetland restoration projects following standards outlined in sub. (1) (d). Eligible recipients shall include counties, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts, and other local governmental units. Qualified surface water management organizations and nonprofit conservation organizations are not eligible for grants under this subsection.(3) MANAGEMENT PLAN IMPLEMENTATION. Management plan implementation projects, which protect or improve surface water or aquatic ecosystems by implementing one or more recommendations contained in a management plan and approved for eligibility by the department under s. NR 193.53. Eligible activities shall be those that are necessary to implement the approved recommendations. Once the department has approved a management plan recommendation and implementation project, the applicant may apply for grant funding. Eligible activities subject to approval include all of the following: (a) Those that are eligible under sub. (1).(b) Other watershed management and nonpoint source pollution prevention and control practices specified in ch. NR 120.(c) Lake restoration activities where the department has determined that any of the following conditions exist: 1. The external sources or causative factors of the problems to be remediated have been or very likely will be controlled to the best practical extent possible prior to or by the restoration activities.2. The proposed activities have a high likelihood of successfully meeting the management plan objectives or state water quality standards.(d) Other activities approved by the department that implement one or more recommendations in a management plan, including any of the following: 1. Management staffing grants to support implementation. Applications for management staffing grants shall include a position description including goals, objectives and tasks and the percentage of time assigned to each activity. For staffing requests of over 1,000 hours, the department may require annual or semi-annual performance reviews.2. Applied management studies that employ a research-based approach designed to improve the understanding and implementation of surface water management activities.3. Landowner incentive projects to encourage participation in surface water quality or aquatic habitat management activities. Incentive payments may include incentives for conservation best practices or participation incentives for landowners or businesses engaging in a department-approved initiative. Applications shall include a justification for payment or other incentives, a description of the payment process and documentation, and expected outcomes.(4) ORDINANCE DEVELOPMENT. Ordinance development projects, which assist a grantee with the development of local regulations or ordinances to protect or prevent degradation of water quality or aquatic life. Ordinance development projects shall include all of the following: (a) The development of an ordinance that is presented for adoption by the grantee or another appropriate jurisdiction.(b) An assessment of the administrative and enforcement capacity and costs to implement the ordinance.Wis. Admin. Code Department of Natural Resources NR 193.51
Adopted by, CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 13.92(4) (b) 7, Stats., and correction in (1) (intro.), (a) (intro.), 3., (b) (intro.), (c), (d), (2), (3) (intro.), (4) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020Examples of ordinances include boating or other recreational use restrictions, stormwater management and land use ordinances.