Wisconsin Administrative Code

NR 193.65 General conditions. (1) INTEGRATED PEST MANAGEMENT. Projects funded with a grant awarded under this subchapter shall employ an integrated pest management strategy. Integrated pest management is an ecosystem-based management strategy that focuses on long-term suppression…

NR 193.70 Purpose. The purpose of this subchapter is to establish eligible activities, qualifications, and procedures for the administration of contracts and cooperative agreements for the creation and support of a statewide Lake Monitoring and Protection Network. Contracts under…

NR 193.71 Definitions. In addition to definitions provided in s. NR 193.03, the following definitions apply to this subchapter: (1) XContractY means an agreement between the department and a contracting entity detailing the activities, compensation, products, term, and conditions…

NR 193.72 Eligible network cooperators. (1) Eligible cooperators under this subchapter are limited to state or federal agencies, tribal governing bodies, and county governments, or their designated agents. Subject to approval by the department, counties and tribes may designate a…

NR 193.73 Establishing the network. The department may establish and maintain a statewide Lake Monitoring and Protection Network by conducting any of the following activities: (1) Providing protocols for conducting network activities. (2) Registering and providing technical suppo…

NR 193.74 Network services. A network cooperator shall enter into an agreement with the department to assist with the operation and maintenance of the Lake Monitoring and Protection Network. The agreement will include specification of the services to be rendered and other expecta…

NR 193.75 Network participants. (1) QUALIFICAA network participant is a person who volunteers or receives compensation to conduct network activities listed under s. NR 193.76 and who meets all of the following qualifications: (a) The person is approved by the department or by a n…

NR 193.76 Network activities. Network participants will implement established lake monitoring and protection programs or employ other program-approved protocols to monitor and protect lake ecosystems. Network activities include any of the following: (1) Participating in the Citiz…

NR 193.80 Purpose. The purpose of this subchapter is to establish procedures for the administration of grants for the acquisition of property in fee simple or for conservation easements, if the purchase will substantially contribute to the protection or improvement of the water q…

NR 193.81 Applicability. This subchapter applies to eligible recipients as defined in s. 281.69 (3) (a), Stats., and s. 281.70 (4) (a), Stats., that wish to apply for grants for the acquisition of property in fee simple or for a conservation easement to protect or improve lakes, …

NR 193.82 Definitions. In addition to definitions provided in s. NR 193.03, the following definitions apply to this subchapter: (1) XBaseline documentY means a document prepared under s. NR 193.85 (4) to serve as an objective information baseline for monitoring compliance with th…

NR 193.84 Grantee acquisition match. (1) The grantee shall pay a grantee acquisition match for a grant awarded under this subchapter amounting to at least 25% of the total project cost using funds not provided by the department. The grantee shall confer with the department if the…

NR 193.85 General grant conditions when land is acquired under this subchapter. In addition to the provisions specified in s. NR 193.13, the department may include conditions in a grant agreement related to any of the following: (1) Maximum grant awards. Maximum grant awards may …

NR 193.86 Additional conditions for conservation easements. When a conservation easement is being purchased with grant funds awarded under this subchapter, the department may include additional conditions in a grant agreement related to any of the following: (1) A requirement tha…

NR 193.87 Grant calculation. (1) The department may award a grant under this subchapter for up to 75% of the total project costs, but the award amount may not exceed the maximum grant award amount per fee simple land or easement acquisition subprogram. (2) (a) The grantee shall o…

NR 193.88 Grant award. (1) The department shall use a grant agreement to award any funds under this subchapter. A grant agreement is not binding until signed by the department and the applicant and returned to the department by the specified deadline. Grant funds shall not be dis…

NR 193.89 Grant agreements for acquisition projects. (1) In addition to any grant agreement conditions identified under s. NR 193.13, all of the following essential conditions shall be added to a grant agreement awarded under this subchapter: (a) The grantee may not convert the p…

NR 193.90 Conversions. If a grantee converts property to an inconsistent use not approved by the department, the grantee shall return the property to the use specified in the grant agreement within 6 months of written notification of the inconsistent use by the department or the …

NR 199.01 Purpose. The purpose of this chapter is to establish procedures for implementing a municipal flood control and riparian restoration grant program as provided for in s. 281.665, Stats. Grants made under this program will help local governments minimize flooding and flood…

NR 199.02 Applicability. (1) This chapter applies to all cities, villages, towns and metropolitan sewerage districts applying for financial assistance under s. 281.665, Stats., for a grant under this chapter. (2) Watercourses eligible for grants include any river, lake, flowage, …

NR 199.03 Definitions. In this chapter: (1) XAcquisition costY means the fair market value of the property, as determined by department appraisal guidelines, and reasonable costs related to the purchase of the property that are limited to the cost of appraisals, land surveys, rel…

NR 199.04 General provisions. (1) The applicant shall submit with each application preliminary and detailed designs for each project to the department for review and approval. (2) The grant recipient shall submit to the department an annual status report and a final project repor…

NR 199.05 Eligible and ineligible project activities. (1) ELIGIBLE ACTIVITIES. The following activities, in priority order, are eligible for funding under this section: (a) Acquisition and removal of structures which, due to zoning restrictions, cannot be rebuilt or repaired. (b)…

NR 199.06 Applications. (1) An applicant shall apply for funding of projects on forms provided by the DNR bureau of 2 community financial assistance and shall submit the application to the DNR bureau of watershed management, both located at PO Box 7921, Madison, Wisconsin 53707-7…

NR 199.07 Determination of project eligibility. After receiving the application, the department shall determine eligible projects by considering the factors identified in ss. NR 199.01 and 199.05. The department may accept the application as eligible and score it based on priorit…

NR 199.08 Eligible and ineligible costs. (1) ELIGIBLE COSTS. Costs eligible for funding under this chapter are those reasonable and necessary project costs which the department determines are consistent with the approved project. Eligible costs shall be incurred during the projec…

NR 199.09 Grant awards and payment. (1) GENERAL PROVISIONS. (a) The state share of the project cost may not be greater than 70% of the eligible project costs. (b) A grant provided under this chapter for acquisition of easements or real property may not exceed the lesser of 70% of…

NR 199.10 Grant awards for acquisition of property. (1) Property transactions shall be subject to approval by the department and all of the following provisions: (a) Property transactions shall be subject to ss. 32.19 to 32.27, Stats., and relocation assistance shall be subject t…

NR 199.11 Variances. The department may approve in writing a variance from a requirement of this chapter upon the written request of a grant recipient if the department determines the chapter was last published. 5 DEPARTMENT OF NATURAL RESOURCES that a variance is essential to ef…

NR 2.01 Application of rules. This chapter shall apply in all proceedings and hearings before the department except as specifically provided otherwise.

NR 2.02 Definitions. In this chapter: (1) XAdministrative law judgeY means a hearing examiner employed by the department of administration division of hearings and appeals. (2) XClass 1 proceedingY has the meaning specified in s. 227.01 (3) (a), Stats. (3) XClass 2 proceeding has…

NR 2.03 Service on the department. All petitions for hearings, petitions for rules, petitions for declaratory rulings, petitions for review of contested case decisions under s. NR 2.20, answers and complaints required by any statute or rule shall be served on the department by pe…

NR 2.04 Service of pleadings. After a matter has been set for a contested case hearing, all pleadings and papers shall be served on the division of hearings and appeals, the department[s bureau of legal services and all identified parties. Unless otherwise provided for by the div…

NR 2.05 Forms of petitions. Petitions shall conform with the applicable statute as to form, content, number of signatories and verifications. All petitions shall be served within the time specified by statute or administrative rule, or, where no time is specified, within 30 days …

NR 2.055 Determination of jurisdiction. After receipt of a petition for a contested case hearing, the department shall determine whether the petition meets the jurisdictional requirements of the statutes and rules under which the petition is filed. The department shall transmit t…

NR 2.06 Notice of hearing. (1) FORM. Notice of hearing shall be in writing, with a title identifying the matter set for hearing, and where appropriate, contain a docket number. (2) CONTENT. The notice of hearing shall contain the following information: (a) Date, time and location…

NR 2.065 Contested case designation. (1) Except as provided in sub. (2) or unless otherwise determined by the department or administrative law judge, all department contested case hearings are class 1 proceedings under s. 227.01 (3), Stats. (2) Hearings held under ss. 30.03, 281.…

NR 2.07 Place of hearings. Unless otherwise specifically provided by law, all contested case hearings shall be held at the offices of the division of hearings and appeals, or at the time, date and place designated by the administrative law judge in the hearing notice. Note: The o…

NR 2.08 Persons entitled to participate in contested case hearings. (1) In addition to the parties, any NR 2.085 member of the public may participate in any department contested case hearing. (2) Any person desiring to participate in a department contested case hearing, whether o…

NR 2.085 Environmental impact statements. (1) When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11, Stats., shall be taken at that hearing unless otherwise provided…

NR 2.09 Changes in time or place of hearing; adjournments; failures to appear. (1) CHANGES. Requests for changes in the time or place of a scheduled hearing may be granted by the department or administrative law judge only for good cause shown. A request received after a required…

NR 2.095 Declaratory ruling hearings. When a petition for a declaratory ruling is granted under s. 227.41, Stats., the hearing shall be conducted as a noncontested case. The declaratory ruling may be based upon information presented at the hearing and other information available …

NR 2.10 Witnesses and subpoenas in contested cases. The department, the administrative law judge, on the judge[s own motion or at the request of a party, or any attorney of record for a party in a contested case hearing may issue subpoenas to compel the attendance of witnesses at…

NR 2.11 Preservation of testimony and discovery of evidence in contested case hearings. (1) DISCOVERY IN CLASS 2 PROCEEDINGS. The department or any party in a class 4 2 proceeding may obtain prehearing discovery and preserve testimony as provided under ch. 804, Stats. For good ca…

NR 2.12 Informal conferences, prehearing conferences and motions. (1) CALL AND PURPOSE. The department or the administrative law judge may call an informal conference or prehearing conference at any time prior to or during the course of a hearing, and may require the attendance o…

NR 2.13 Conduct of contested case hearings. (1) PROCEDURE. The administrative law judge shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. The administrative law judge then shall state the issues in the proce…

NR 2.135 Conduct of noncontested case hearings. (1) NOTICE. At least 10 days notice shall be given of the time, date and place of a noncontested case hearing. (2) PROCEDURE. (a) The presiding officer will open the hearing and make a concise statement of its scope and purposes. Ap…