Section NR 335.08 - Eligible and ineligible costs(1) ELIGIBLE COSTS. The following project costs, whether incurred under contract or in the form of salaries and benefits, may be reimbursed under this chapter, if the grant is awarded:(a) Actual and reasonable engineering costs incurred in preparing the studies and application form required under s. NR 335.07(2) (e) and (f);(b) Actual and reasonable engineering costs incurred in preparing plans and specifications as required in s. NR 335.06(4), the operation, inspection and maintenance plan, and the emergency action plan;(c) Actual and reasonable construction costs incurred in the repair, modification or abandonment of the dam, including labor and materials;(d) Actual and reasonable engineering costs involved in the on-site inspection of the repair, modification or abandonment of the dam. On-site inspection by an engineer registered in the state of Wisconsin is required, at a minimum, during critical stages of construction and could be required full time for certain projects.(e) Actual and reasonable costs for activities other than the maintenance, repair or modification of the dam (structural alternative) only if the cost of that activity is less than the cost of the structural alternative.(2) INELIGIBLE COSTS. Ineligible costs include:(a) Costs incurred prior to August 9, 1989;(b) The cost of materials and labor for installation or repair of items directly associated with hydroelectric power facilities at the dam;(c) Costs incurred prior to the date of the state grant award except engineering costs as provided in sub. (1) or construction costs for a project that was under department orders, was approved by the department and was undertaken as emergency repairs or modifications to a high or significant hazard dam. Construction work shall have started within 1 year prior to the grant application deadline; (d) Costs of routine maintenance including, but not limited to, mowing grass, painting signs and debris removal;(e) Costs of equipment necessary for routine maintenance of the dam;(f) Costs for which payment for a dam abandonment and removal project has been or will be received under another state or federal cost sharing or grant program or from another municipality or any other outside funding source;(g) Costs attributable to the correction of errors or deficiencies in construction funded under this chapter due to failure to comply with department approved construction plans and specifications.(3) ALLOCATION OF COSTS. Total project costs may be allocated between eligible and ineligible costs using one of the following methods: (a)Unit cost method. When the unit cost method is used, costs for individual work items shall be prorated between eligible and ineligible portions of the project based on an equal cost per unit.(b)Project cost method. When the project cost method is used, eligible project costs shall be based on engineering costs plus the cost of construction reflected in the contractor's billings to the owner. Owners using this method shall submit the contractor's itemized billings showing the breakdown of eligible work items.Wis. Admin. Code Department of Natural Resources § NR 335.08
Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: am. (1) (a) to (d), (2) (c) and (f), cr. (1) (e) Register October 2010 No. 658, eff. 11-1-10.