NR 195.01
NR 195.01
Purpose. The purpose of this chapter is to establish procedures for implementing a river protection grant program as provided for in s.
281.70, Stats. Grants made under this program will assist local organizations in protecting rivers by helping to provide information on riverine ecosystems, by improving river system assessment and planning, by increasing local understanding of the causes of river problems and by assisting in implementing management activities that protect or restore river ecosystems. This grant program is also intended to provide assistance in the formation of river management organizations and provide support and guidance to local organizations who are interested in helping to manage and protect rivers, particularly where resources and organizational capabilities may be limited.
NR 195.01 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.02(1)(1) This chapter applies to all counties, cities, townships, villages, tribes, qualified river management organizations, other local governmental units as defined in s.
66.0131 (1) (a), Stats., and qualified nonprofit conservation organizations as defined in s.
23.0955 (1), Stats., applying for financial assistance under s.
281.70, Stats., for a river planning or management grant.
NR 195.02(2)
(2) River management organizations qualified to receive grants under this chapter shall be a nonprofit organization under
ch. 181, Stats., that meets all of the following conditions:
NR 195.02(2)(a)
(a) It specifies in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more rivers for the benefit of the general public or demonstrates that the substantial purpose of its recent past actions was to support the protection or improvement of one or more rivers for the benefit of the general public.
NR 195.02(2)(b)
(b) It does not limit membership or deny the right of any member or any class of members to vote.
NR 195.02(2)(c)
(c) It requires payment of an annual membership fee of no more than $50.
NR 195.02(3)
(3) Rivers eligible for planning grants include any navigable natural river or river segment. Only rivers that are in a relatively undergraded condition and recommended for protection in a management plan produced by a federal, state or local resource management agency are eligible for management grants.
NR 195.02 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2009 No. 642.
NR 195.03
NR 195.03
Definitions. The following definitions are applicable to this chapter:
NR 195.03(1)
(1) "Acquisition costs" means the fair market value of the property as determined by department valuation guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence costs, recording fees, interest on installment payments with prior written approval of the department, and the cost of environmental inspections and audits. Acquisition costs does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in this subsection.
NR 195.03(2)
(2) "Department" means the Wisconsin department of natural resources.
NR 195.03(3)
(3) "Grant period" means the time period stated in the grant agreement during which the grant recipient is eligible to expend program grant funds for a project.
NR 195.03(4)
(4) "Land management plan" means a plan approved by the department detailing how lands acquired with grants under this chapter shall be managed and maintained.
NR 195.03(5)
(5) "Local share" means that portion of the cost of the project other than state funds administered by the department.
NR 195.03(6)
(6) "Management project" means implementing a specific activity or set of activities to protect or improve of the river ecosystems other than planning activities.
NR 195.03(8)
(8) "Parcel" means one contiguous block of land under one ownership.
NR 195.03(9)
(9) "Planning project" means specific activities related to the collection, assessment and dissemination of information on riverine ecosystems, to assist in developing organizations to help manage rivers, to assist the public in understanding riverine ecosystems and to create management plans for the long term protection and improvement of riverine ecosystems.
NR 195.03(10)
(10) "Project priority list" means a ranking by the department of river protection projects in the order of their scheduled receipt of funds.
NR 195.03(11)
(11) "Property acquisition" means fee title ownership or a conservation easement as defined in s.
700.40 (1) (a), Stats., in perpetuity in the land.
NR 195.03(12)
(12) "River" means any natural flowing, navigable water body within the boundaries of, or bordering, the state and includes streams, creeks and flowages.
NR 195.03(13)
(13) "River restoration project" means activities including, but not limited to, dam removal, dam modification, fish passage, removal of debris or channel obstructions, the introduction of structures or modifications to channels and stream banks or the removal or planting of vegetation, which will restore or enhance riverine ecosystems.
NR 195.03(14)
(14) "Riverine ecosystem" means all streams, channels, wetlands, groundwater and lands in the watershed tributary to a river and the terrestrial and aquatic life therein.
NR 195.03(15)
(15) "Sponsor" means the county, township, village, city, other local governmental unit as defined in s.
66.0131 (1) (a), Stats., qualified river management organization, tribe or nonprofit conservation organization that is applying for and receiving a grant under s.
281.70, Stats., and this chapter.
NR 195.03 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00; corrections in (7) and (15) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2009 No. 642.
NR 195.04
NR 195.04 Eligible planning activities. Activities eligible for funding include:
NR 195.04(1)
(1) Organizational development projects which provide programs and materials to assist persons in forming a qualified river management organization or strengthen the capacity of an existing organization to protect or improve rivers and natural river ecosystems. Activities may include:
NR 195.04(1)(a)
(a) Training, education or facilitated planning programs and workshops.
NR 195.04(1)(b)
(b) Development, printing and dissemination of information, surveys, educational materials and brochures to describe the group, its purposes and attract membership.
NR 195.04(1)(c)
(c) Activities that are designed to develop partnerships or achieve organizational objectives to protect a river ecosystem.
NR 195.04(1)(d)
(d) Activities necessary to assist groups in meeting the conditions of a qualified river management organization.
NR 195.04(2)
(2) Education projects that include the development and dissemination of materials and programs or other activities that increase the public awareness relating to protecting or improving the ways in which rivers are used, the quality of water in rivers, the quality of natural riverine ecosystems or the populations of fish and aquatic life and their habitat in rivers.
NR 195.04(3)
(3) Assessments and plan development that may include but are not limited to:
NR 195.04(3)(a)
(a) Acquisition of new or updated information on the water quality, water quantity, fish, wildlife and other biological or environmental information about a river or its ecosystem and the assessment of this information.
NR 195.04(3)(b)
(b) Descriptions and mapping of existing and potential land and water resource conditions, activities and uses within a riverine ecosystem that may affect its quality and the assessment of this information.
NR 195.04(3)(c)
(c) Review, evaluation or development of ordinances and other local regulations related to the control of pollution sources, recreational use or other human activities that may impact fish and wildlife habitat, natural beauty or other components of the riverine ecosystem.
NR 195.04(3)(d)
(d) Acquisition of sociological information such as census data and assessments of river use information that is necessary to the development of a long-term river management plan.
NR 195.04(3)(e)
(e) The analysis, evaluation, reporting and dissemination of information obtained as part of the planning project.
NR 195.04(3)(f)
(f) The development of alternative management strategies, plans and specific project designs necessary to identify appropriate river protection projects.
NR 195.04 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.05
NR 195.05
Eligible and ineligible management activities. NR 195.05(1)(1) Activities that are eligible for management grants include:
NR 195.05(1)(a)
(a) Purchase of land or of a conservation easement, as defined in s.
700.40 (1) (a), Stats., if the recipient enters into a contract under s.
281.71, Stats., and if the purchase will substantially contribute to the protection or improvement of the river's water quality or its natural ecosystem.
NR 195.05(1)(b)
(b) Development of local regulations or ordinances that will protect or improve the water quality of a river or its natural ecosystem.
NR 195.05(1)(c)
(c) Installation of practices to control nonpoint sources of pollution.
NR 195.05(1)(d)
(d) River restoration projects including restoration of in-stream or shoreland habitat.
NR 195.05(1)(e)
(e) An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to protect or improve the water quality of a river or its natural ecosystem.
NR 195.05(1)(f)
(f) Education, planning and design activities necessary for the implementation of a management project.
NR 195.05(2)
(2) Activities not eligible for funding under this section include:
NR 195.05(2)(b)
(b) The purchase of property on which a dam is located unless for the purpose of facilitating dam removal.
NR 195.05(2)(d)
(d) Design, installation, operation or maintenance of sanitary sewers, treatment plants or onsite sewerage systems.
NR 195.05 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.06(1)(1) Accounting for all planning and management project funds shall be in conformance with generally accepted accounting principles and practices, and shall be recorded by the grantee in a separate account. Supporting records of grant expenditures shall be maintained in sufficient detail to show that grant funds were used for the purpose for which the grant was made. All financial records, including invoices and canceled checks or bank statements that support all planning project costs claimed by the grant recipient shall be kept and made available for inspection for 3 years after final payment.
NR 195.06(2)
(2) The grant recipient shall submit to the department a claim for payment on forms provided by the department within 6 months after the project ending date. All costs claimed for payment shall be documented and shall be consistent with the grant agreement relative to expenditures being made within the grant period, within the scope of work and within estimated costs.
NR 195.06(3)
(3) The grant recipient may request, for good cause, a grant agreement amendment for expenditures, in excess of those identified as estimated costs in the grant agreement prior to the end of the grant period.
NR 195.06(4)
(4) The grant recipient may request, for good cause, a grant agreement amendment for changes to the project scope or an extension of the grant period prior to the end of the grant period.
NR 195.06(5)
(5) All of the grant recipient's records pertaining to the project are subject to audit. Claims made for payment may be adjusted by audit.
NR 195.06(6)
(6) All projects shall have as an element a final report that is suitable for use by the general public.
NR 195.06(7)
(7) All water tests that require laboratory analyses and which is part of the project shall be analyzed by a laboratory that has been selected by the department.
NR 195.06(8)
(8) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval.
NR 195.06(9)
(9) Data and information acquired as part of the planning or protection project shall be reported to the department in a format specified by the department in the grant agreement.
NR 195.06(10)
(10) If the department finds that the project has not been satisfactorily completed by the end of the grant period, the department may seek reimbursement of the state share previously distributed to the grant recipient.
NR 195.06 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.07(1)(1) Applications from sponsors for funding of projects shall be made on forms provided by the department and shall be submitted to the region director for the region in which the project is located.
NR 195.07 Note
Note: The DNR region headquarters are located at:
NR 195.07 Note
1. Southeast — 2300 N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee 53212
NR 195.07 Note
2. South Central — 3911 Fish Hatchery Road, Fitchburg 53711
NR 195.07 Note
3. Northeast — 1125 N. Military Ave., Box 10448, Green Bay 54307-0448
NR 195.07 Note
4. Northern/Rhinelander — 107 Sutliff Ave., Rhinelander 54501
NR 195.07 Note
5. Northern/Spooner — 810 West Maple St., Spooner 54801
NR 195.07 Note
6. West Central — 1300 W. Clairemont Ave., Box 4001, Eau Claire 54702
NR 195.07(2)
(2) All required application material that is not included on a department-provided form shall be submitted in an electronic format specified by the department.
NR 195.07(3)
(3) The department shall review the application for completeness and may return the application with a request for more detailed information. The application is not considered complete until the additional information requested by the department has been received.
NR 195.07(4)
(4) To be eligible for grant awards, project applications shall be received by the department by September 1, 2000, for funding in the 00-01 fiscal year, and by May 1 of each following year for funding in the subsequent fiscal year.
NR 195.07 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00;
CR 08-063: renum. (2) and (3) to be (3) and (4), cr. (2)
Register June 2009 No. 642, eff. 7-1-09.
NR 195.08
NR 195.08
Determination of project eligibility. NR 195.08(1)(1) Following receipt of the application, the department shall make a determination of planning project eligibility. The department may accept the application and include the project in the priority list developed under
s. NR 195.09, or deny the application based on consideration of the factors identified in s.
281.70 (4),
(5) or
(6), Stats., and
s. NR 195.02.
NR 195.08(2)
(2) The total state share of the cost of a planning project may not exceed $10,000.
NR 195.08(3)
(3) The total state share of the cost of a management project may not exceed $50,000.
NR 195.08(4)
(4) The department shall notify the sponsor in writing of the basis for a determination of ineligibility.
NR 195.08 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 195.09(1)(1) A project priority list shall be prepared or updated by the department each year.
