Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 193 - Surface Water Grant Program › Subchapter I - General Provisions › Section NR 193.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Acquisition costs" means the fair market
				  value of the property, as determined by department appraisal guidelines, and
				  reasonable costs related to the purchase of the property limited to the costs
				  of appraisals, legal fees associated with closing up to a maximum DNR cost
				  share of $1,000, costs of land surveys, title and gap insurance costs, title
				  company closing costs, recording fees, costs of historical and cultural
				  assessments required by the department, costs of environmental inspections,
				  audit costs, and baseline documentation costs required for conservation
				  easements. "Acquisition costs" does not include environmental clean-up costs,
				  brokerage fees paid by the buyer, real estate transfer taxes or any other costs
				  not identified in this subsection.
(2) "Aquatic ecosystem" means a lake
				  ecosystem or riverine ecosystem.
(3) "Aquatic invasive species" means
				  organisms, eggs, larvae, seeds, fragments, propagules, and any other viable
				  life stage of a non-indigenous water or wetland-dwelling organism, including
				  hybrids, cultivars, subspecific taxa, or genetically modified variants, whose
				  introduction is likely to cause adverse economic, recreational, environmental
				  or human health effects.
Note:
Some aquatic invasive species are
					 legally identified, classified, and regulated under ch. NR 40 and s.
					 NR
					 109.07.
(4) "Aquatic invasive species control" means
				  to remove, cut and remove, destroy, suppress, or otherwise prevent the
				  introduction or spread of aquatic invasive species.
(5) "Aquatic life" means aquatic plants,
				  aquatic algae, aquatic invertebrates, aquatic or semi-aquatic vertebrates, or
				  other aquatic organisms or their habitats.
(6) "Capital asset" means a long-term item
				  having a useful life of more than one year and an acquisition cost of $5,000 or
				  greater. "Capital asset" includes customized equipment where the sum of the
				  components is equal to or in excess of $5,000.
(7) "Conservation easement" has the meaning
				  given in s.
				  700.40(1)
				  (a), Stats.
(8) "Cost containment" means the process of
				  managing the expenses required to complete a project within pre-planned
				  budgetary constraints.
(9)
				  "Department" means the Wisconsin department of natural resources.
(10) "DNR cost share" means the percent of a
				  project's total cost paid for with grant funds awarded under this
				  chapter.
(11) "Enhancement" means
				  activities conducted to increase one or more beneficial functional values or
				  services of an aquatic ecosystem.
(12) "Equipment" means long-term items having
				  a useful life of more than one year and an acquisition cost of less than
				  $5,000.
(13) "Final payment" means
				  the last reimbursement issued by the department to the grantee for a grant
				  awarded under this chapter after the project has been completed in accordance
				  with the grant agreement and to the satisfaction of the department.
(14) "Grant advance" means the portion of the
				  grant award paid to the grantee after returning a signed grant agreement and
				  prior to project implementation.
(15) "Grant agreement" means a contract
				  between the grantee and the department detailing the project scope, grant
				  award, grant period, DNR cost share, project products, reimbursement process,
				  and conditions that restrict actions of the grantee during the life of the
				  project and during the operation and maintenance phase once the final payment
				  has been issued by the department.
(16) "Grant award" means the dollar amount
				  awarded to the grantee by the department and available to the grantee for
				  reimbursement of eligible project costs.
(17) "Grantee" means an eligible organization
				  or person that is awarded a grant or contract from the department under this
				  chapter.
(18) "Grantee match" means
				  the dollar amount of the eligible project cost not funded with a grant
				  administered by the department.
(19) "Grant period" means the time period
				  stated in the grant agreement during which the grantee may expend funds for the
				  project.
(20) "Lake" means all or a
				  portion of a lentic body of water, including lakes, ponds, millponds, pools,
				  impoundments, reservoirs and flowages, that is within the boundaries of the
				  state.
(21) "Lake ecosystem" means
				  the lake and all streams, channels, wetlands, groundwater, and lands in the
				  watershed and the terrestrial and aquatic life therein.
(22) "Littoral area" means the light-rich
				  shallow-water zone of a lake extending from the ordinary high water mark to the
				  greatest depth capable of supporting submersed aquatic plants.
(23) "Local governmental unit" has the
				  meaning given in s.
				  66.0131(1)
				  (a), Stats.
(24) "Management plan" means a written
				  document that explores management challenges and defines management goals and
				  that provides strategic direction for selecting project activities to
				  accomplish them.
Note:
Examples of management goals include
					 preventing pollution, protecting surface water quality, protecting the quality
					 of aquatic ecosystems, improving surface water quality, and improving the
					 quality of aquatic ecosystems.
(25) " Natural resources enhancement
				  services" has the meaning given in s.
				  NR 1.91(2)
				  (d).
(26) " Nonpoint source water pollution" has
				  the meaning given in s.
				  281.16(1)
				  (f), Stats.
(27) " Nonprofit conservation organization"
				  has the meaning given in s.
				  23.0955(1),
				  Stats.
(28) " Ordinary high water
				  mark" means the point on the bank or shore up to which the presence and action
				  of surface water is so continuous as to leave a distinctive mark such as by
				  erosion, destruction or inhibition of terrestrial vegetation, predominance of
				  aquatic vegetation, or other easily recognized characteristics. Where the bank
				  or shore at any particular place is of such character that it is difficult or
				  impossible to ascertain where the point of ordinary high water mark is, the
				  opposite bank of a stream or other reference locations on the shore of a lake
				  or flowage may be used as an alternative point of reference to determine the
				  ordinary high water mark.
(29) "
				  Partial payment" means reimbursement of eligible project expenses requested by
				  the grantee after any grant advance has been expended on eligible projects
				  costs, including the grantee match for the grant advance, and prior to
				  completion of the project.
(30) "
				  Point source" has the meaning given in s.
				  283.01(12),
				  Stats.
(31) " Program-approved
				  protocol" means a method or protocol designed to accomplish certain project
				  activities, including monitoring, modelling, assessment, protection, or
				  restoration, that is approved by the department for use in a project funded by
				  a grant awarded under this chapter.
(32) " Project" means the practices or
				  activities supported in part by grant funds awarded under this
				  chapter.
(33) " Project scope"
				  means the part of the grant agreement that succinctly describes the extent or
				  range of what the project will accomplish.
(34) " Public inland lake" means a lake,
				  reservoir, flowage, millpond, or portion thereof that is within the boundaries
				  of the state and that is presently accessible to the public by contiguous
				  public lands or easements giving public access.
(35) " Public inland lake protection and
				  rehabilitation district" means a district authorized under s.
				  33.21,
				  Stats.
(36) " Public waterbody"
				  means any lake, pond, stream, creek, drainage way, waterway, wetland, or other
				  area where water naturally flows or drains, or any portion thereof, that is
				  open to the public for swimming, paddling, canoeing, kayaking, motorized
				  boating, windsailing, fishing, ice fishing, aesthetic enjoyment or other
				  use.
(37) " Qualified lake
				  association" means a lake association that meets the qualifications under s.
				  281.68(3m),
				  Stats., and that charges an annual membership fee of not less than $5 and not
				  more than $50.
(38) " Qualified
				  river management organization" means a nonprofit corporation, as defined in s.
				  181.0103(17),
				  Stats., or a chapter or legal affiliate of a nationally recognized nonprofit
				  organization registered in another state, that meets all of the following
				  conditions:
(a) The organization 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
				  or riverine ecosystems 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.
(b) The organization does
				  not limit membership or deny the right of any member or any class of members to
				  vote.
(c) The organization requires
				  payment of an annual membership fee of not less than $5 and not more than
				  $50.