281.66 Urban nonpoint source water pollution abatement and storm water management program. (1) DEFINITIONS. In this section: (a) “Governmental unit” has the meaning given in s. 281.65 (2) (am). (b) “Nonpoint source” has the meaning given in s. 281.65 (2) (b). (c) “Population” means population shown by the last federal census or by any subsequent population estimate under s. 16.96.
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(d) “Structural urban best management practices” has the meaning given in s. 281.65 (2) (d). (e) “Urban area” means any of the following: 1. An area with a population of 1,000 or more per square mile. 2. An area in which the land is used for industrial or commercial land uses. 3. An area that is surrounded by an area described in subd. 1. or 2. (2) ADMINISTRATION. The department shall administer the program under this section in a manner that promotes all of the following: (a) Management of urban storm water and runoff from existing and developing urban areas to achieve water quality standards, to minimize flooding and to protect groundwater. (b) Coordination of urban nonpoint source management activities and the municipal storm sewer discharge permit program under s. 283.33. (c) Implementation of nonpoint source performance standards under s. 281.16 (2). (3) ELIGIBILITY. (a) The department may provide a costsharing grant for a project under this section only if all of the following apply: 1. The project is in an urban area. 2. The governmental unit with jurisdiction over the project area ensures adequate implementation of construction site pollution control, and of storm water management after development, for development and redevelopment of sites of one or more acres. 3. The project is consistent with nonpoint source performance standards under s. 281.16 (2). 4. The project is consistent with priorities identified by the department on a watershed or other geographic basis. 5. The application for the project specifies the watershed, subwatershed or specific site that will be served by the project. (b) The department may provide financial assistance under this section for a project in a governmental unit either to that governmental unit or to another governmental unit that is required to control storm water discharges under s. 283.33. (4) FINANCIAL ASSISTANCE. (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant or cost-sharing grant may not exceed 50 percent of eligible costs. (b) The department may award a local assistance grant for any of the following: 1. Storm water management for urban areas and for areas that are expected to become urban areas within 20 years. 2. Informational and educational activities related to nonpoint source water pollution control, construction site erosion control or storm water management. 3. Development, administration and enforcement of a construction site erosion control or storm water management ordinance. 4. Training of staff concerning nonpoint source water pollution control, construction site erosion control or storm water management. 5. Other activities identified by the department by rule. (c) The department may award a cost-sharing grant for any of the following types of projects: 1. Structural urban best management practices, including necessary land acquisition, storm sewer rerouting and removal of structures, and associated flood management, except that the department may not award a grant for structural urban best manage-
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ment practices associated with new construction or new development. 2. Stream bank or shoreland stabilization necessary to control pollution. 3. Other nonpoint source water pollution abatement or storm water management practices identified by the department by rule. (5) SCORING SYSTEM. The department shall use a scoring system for ranking nonpoint source water pollution abatement and storm water management projects for which applications are submitted under this section. The criteria on which the scoring system is based shall include all of the following: (a) The extent to which the application proposes to use the cost-effective and appropriate practices to achieve water quality goals. (b) The existence in the project area of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A). (c) The extent to which the project will result in the attainment of established water quality objectives. (d) The local interest in and commitment to the project. (e) The inclusion of a strategy to evaluate the progress toward reaching project goals, including the monitoring of water quality improvements resulting from project activities. (f) The extent to which the application proposes to use available federal funding. (g) The extent to which the project is necessary to enable the city of Racine to control storm water discharges as required under 33 USC 1342 (p). (6) GRANTS FOR CAMPUSES. Notwithstanding subs. (3) and (4), the department may distribute a grant to the board of regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 283.33 and that is located in a priority watershed, as defined in s. 281.65 (2) (c), a priority lake area, as defined in s. 281.65 (2) (bs), or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement. History: 1999 a. 9 ss. 2525f, 2525g; 2015 a. 55.
281.665 Municipal flood control and riparian restoration program. (1) DEFINITIONS. In this section: (a) “Conservation easement” has the meaning given in s. 700.40 (1) (a). (b) “Local governmental unit” means a city, village, town or metropolitan sewerage district. (2) ADMINISTRATION. The department shall administer the program under this section to provide financial assistance to local governmental units for facilities and structures for the collection and transmission of storm water and groundwater, including the purchase of perpetual flowage and conservation easement rights on land within floodways, and for the floodproofing of public and private structures that remain in the 100-year floodplain. (3) ELIGIBLE APPLICANTS. (a) The department may provide a cost-sharing grant for a project that affects 2 or more local governmental units to one of the following: 1. One of the affected local governmental units upon application by all of the affected local governmental units. 2. A local governmental unit that has jurisdiction over the provision of storm water collection facilities for all of the affected local governmental units. (c) The department may provide a cost-sharing grant for a
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project that affects one local governmental unit to that local governmental unit. (4) FINANCIAL ASSISTANCE. (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 50 percent of eligible costs, including planning and design costs. A cost-sharing grant may not exceed 50 percent of eligible costs for construction and real estate acquisition. (b) In any fiscal year, the department may not provide to any applicant more than 20 percent of the funding available under this section in the fiscal year. (c) 1. Notwithstanding pars. (a) and (b) and subject to subd. 2., the department shall provide a cost-sharing grant under this section for a project described under sub. (5) (d) in an amount sufficient to accomplish the flood-control goals of the project as proposed in the application, but not to exceed $14,600,000. 2. The department may not provide a cost-sharing grant under subd. 1. unless the department first notifies the cochairpersons of the joint committee on finance, in writing, that it intends to award the grant. The notice shall contain a description of the purposes proposed for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed grant within 14 working days after the date of the department’s notification, the moneys may be awarded as proposed by the department. If, within 14 working days after the date of the department’s notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed grant, no moneys may be awarded without the approval of the committee. (5) ELIGIBILITY AND SCORING CRITERIA. (a) The department shall promulgate rules specifying eligibility criteria for projects under this section and for determining which eligible projects will receive financial assistance under this section. (b) The department may not provide a cost-sharing grant for a project under this section if any of the following applies: 1. The project would transfer flooding downstream. 2. The project provides for the channelization of a stream or for lining a natural stream bed with concrete. 3. The project would accelerate upstream runoff. (c) The department shall include all of the following in the criteria for determining which eligible projects will receive costsharing grants under this section: 1. The extent to which a project minimizes harm to existing beneficial functions of water bodies and wetlands. 2. The extent to which a project maintains aquatic and riparian environments. 3. The extent to which a project uses storm water retention and detention structures and natural storage. 4. The extent to which a project provides opportunity for public access to water bodies and to the floodway. (d) Notwithstanding pars. (a) to (c), during the 2017-19, 2019-21, and 2023-25 fiscal bienniums, the department shall consider an applicant to be eligible for a cost-sharing grant for a project under this section if the project is funded, executed, designed, authorized, approved, or supervised in whole or in part by the U.S. army corps of engineers under 33 USC 701s. History: 1999 a. 9; 2015 a. 55; 2017 a. 59, 369; 2023 a. 19. Cross-reference: See also ch. NR 199, Wis. adm. code.
281.67 Watershed projects. The department shall assist and advise the department of agriculture, trade and consumer
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protection regarding watershed projects under 16 USC 1001 to 1008. History: 1981 c. 346; 1995 a. 227 s. 429; Stats. 1995 s. 281.67.
281.68 Lake management planning grants and lake monitoring and protection contracts. (1) DEFINITIONS. In this section: (ag) “Lake” includes a flowage. (ar) “Producer-led group” means any group that meets the criteria under s. 93.59 (2). (b) “Qualified lake association” means an association that meets the qualifications under sub. (3m) (a). (c) “Qualified school district” is a school district that meets the qualifications under sub. (3m) (c). (1m) PURPOSES OF GRANTS AND CONTRACTS. The department shall develop and administer a financial assistance program to provide lake management planning grants and to award contracts under sub. (1t) for projects to provide information and education on the use of lakes and natural lake ecosystems and on the quality of water in lakes and the quality of natural lake ecosystems. (1r) USES OF GRANTS. Lake management planning grants shall be used to improve water quality assessment and planning and to aid in the selection of activities to do any of the following: (a) Prevent pollution from entering into lakes or into natural lake ecosystems. (b) Protect or improve the quality of water in lakes or the quality of natural lake ecosystems. (1t) LAKE MONITORING AND PROTECTION CONTRACTS. The department may award contracts to groups or persons for the creation and support of a statewide lake monitoring network. The contracts may include payments for the costs of all of the following: (a) Training, equipment, and supplies necessary for water quality sample collection, lake surveys, and watercraft inspection. (b) Handling, shipping, and laboratory analysis of water samples. (c) Developing, maintaining, and managing a statewide database system for entering, tracking, evaluating, and reporting water quality and lake survey results. (d) Producing and distributing water quality and lake survey results and reports. (2) AMOUNT OF GRANTS AND CONTRACTS. (a) The department may provide a grant of 67 percent of the cost of a lake management planning project up to a total of $25,000 per grant. In each fiscal year, the total amount of moneys awarded as grants for lake management planning projects may not exceed $50,000 for any one lake. (b) The total amount of lake monitoring and protection contracts for each fiscal year may not exceed 25 percent of the total amount appropriated under s. 20.370 (6) (ar), (as), and (av). (3) RULES FOR GRANTS AND CONTRACTS. (a) The department shall promulgate rules for the administration of the lake management planning grant program which shall include all of the following: 1. Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1), producer-led groups conducting producer-led group projects, counties, cities, towns, villages, qualified lake associations, town sanitary districts, qualified school districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management. If a producer-led group is not a legal entity, the eligible
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recipient shall be a legal entity on behalf of the producer-led group. 2. Eligible activities, which shall include all of the following for lakes and natural lake ecosystems: a. Data collection. b. Assessments of water quality and of fish and aquatic life and their habitat. c. Assessments of the uses of a lake and the uses of the land surrounding the lake. d. Nonpoint source pollution evaluation. e. Informational or educational programs and materials. f. Providing programs and materials that promote the monitoring of private on-site wastewater treatment systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems. (bg) The department shall promulgate rules for the administration of the lake monitoring and protection contracts program, which shall specify the eligible activities and qualifications for participation in the statewide lake monitoring and protection network. Eligible activities shall include providing technical assistance to public or private entities that apply for, or have received, a grant under s. 23.22 (2) (c). Qualified participants shall include counties and public or private entities that manage aquatic invasive species under a management plan approved by the department. (3m) QUALIFIED ENTITIES. (a) To be a qualified lake association, an association shall do all of the following: 1. Demonstrate that it is incorporated under ch. 181. 2. Specify 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 inland lakes for the benefit of the general public. 3. Demonstrate that the substantial purpose of its past actions was to support the protection or improvement of one or more inland lakes for the benefit of the general public. 4. Allow to be a member any individual who for at least one month each year resides on or within one mile of an inland lake for which the association was incorporated. 5. Allow to be a member any individual who owns real estate on or within one mile of an inland lake for which the association was incorporated. 6. Not have articles of incorporation or bylaws which limit or deny the right of any member or any class of members to vote as permitted under s. 181.0721 (1). 7. Demonstrate that it has been in existence for at least one year. 8. Demonstrate that it has at least 25 members. 9. Require payment of an annual membership fee as set by the department by rule under par. (b). (b) For purposes of par. (a) 9., the department shall set by rule the maximum amount and the minimum amount that may be charged as an annual membership fee. (c) To be a qualified school district, the board of the school district shall adopt a resolution to conduct a lake management planning project that will do all of the following: 1. Provide information or education on the use of lakes or natural lake ecosystems, on the quality of water in lakes, or on the quality of natural lake ecosystems. 2. Allow another eligible recipient of grants under this section to cooperate with the school district in the project. (4) ELIGIBILITY FOR LAKE MANAGEMENT PLANNING GRANTS. At the completion of a lake management planning project, upon request of the recipient of a grant under this section, the depart-
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ment may approve recommendations made as a result of the project as eligible activities for a lake management grant under s. 281.69. History: 1989 a. 31; 1989 a. 160 ss. 1, 3, 4; 1989 a. 359; 1991 a. 39, 269; 1995 a. 27; 1995 a. 227 s. 430; Stats. 1995 s. 281.68; 1997 a. 79; 1999 a. 9; 1999 a. 150 s. 672; 1999 a. 185; 2001 a. 16; 2003 a. 275; 2009 a. 28; 2011 a. 32, 146; 2015 a. 250; 2023 a. 5. Cross-reference: See also ch. NR 193, Wis. adm. code.
281.69 Lake management and classification grants and contracts. (1b) DEFINITIONS. In this section: (ae) “Floating treatment wetland” means an artificial, buoyant platform for keeping plants afloat that mimics the function of natural wetlands and allows plants to grow in water that is typically too deep for them and that is placed below the ordinary high-water mark in a navigable water. (ag) “Lake” includes a flowage. (bn) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (br) “Producer-led group” means any group that meets the criteria under s. 93.59 (2). (c) “Qualified lake association” is an association that meets the qualifications under s. 281.68 (3m) (a). (d) “Wetland” has the meaning given in s. 23.32 (1). (1m) TYPES OF PROJECTS. The department shall develop and administer a financial assistance program to provide grants for the following 2 types of projects: (a) Lake management projects that will improve or protect the quality of water in lakes or the quality of natural lake ecosystems. (b) Lake classification projects that will classify lakes by use and implement protection activities for the lakes based on their classification. (1r) CONTRACTS. The department may award contracts for lake classification technical assistance projects to be conducted by nonprofit corporations that will provide educational and technical assistance. (2) AMOUNTS OF GRANTS AND CONTRACTS. (a) A grant for a lake management project may be made for up to 75 percent of the cost of the project but may not provide more than $200,000 per grant. (b) A grant for a lake classification project may be made for up to 75 percent of the cost of the project but may not exceed $50,000 per grant. (c) A contract for a lake classification technical assistance project may not exceed $200,000. (3) RULES FOR LAKE MANAGEMENT PROJECT GRANTS. The department shall promulgate rules to administer and to determine eligibility for grants for lake management projects. The rules shall include all of the following: (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, producer-led groups conducting producer-led group projects, counties, cities, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management. If a producer-led group is not a legal entity, the eligible recipient shall be a legal entity on behalf of the producer-led group. (b) A designation of eligible activities, which shall include all of the following: 1. The purchase of land or of a conservation easement, as defined in s. 700.40 (1) (a), if the eligible recipient enters into a contract under s. 281.71 and if the purchase will substantially contribute to the protection or improvement of a lake’s water quality or its natural ecosystem.
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2. The restoration of a wetland if the restoration will protect or improve a lake’s water quality or its natural ecosystem. 2m. The restoration of habitat in a littoral area of a lake or along its shoreline if the restoration will protect or improve the lake’s water quality or its natural ecosystem. 3. The development of local regulations or ordinances that will protect or improve a lake’s water quality or its natural ecosystem. 4. An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to improve or protect the quality of water in a lake or the natural ecosystem of a lake. 5. A wetland enhancement or restoration project under sub. (3m). 6. The placement of a floating treatment wetland in a lake. (3m) GRANTS FOR WETLANDS. (a) The department shall provide grants of $10,000 each from the appropriation under s. 20.370 (6) (ar) for lake management projects to eligible recipients, other than nonprofit conservation organizations, that have completed a comprehensive land use plan that includes a wetland enhancement or restoration project. The grant shall be used for the implementation of the wetland enhancement or restoration project. The 75 percent limitation under sub. (2) (a) does not apply to these grants. (b) The department shall provide up to 25 grants per fiscal year during fiscal years 2001-02 and 2002-03. The department shall award the grants to eligible recipients who qualify for the grants in the order in which the grant applications are received by the department. (5) LAKE CLASSIFICATION PROJECT GRANTS. (a) The department shall promulgate rules to administer and to determine eligibility for grants for lake classification projects. (b) The rules under par. (a) shall include guidelines to be used for lake classification. The guidelines shall require that certain factors be used in classifying each lake by use. The factors shall include all of the following: 1. The size, depth and shape of the lake. 2. The size of the lake’s watershed. 3. The quality of the water in the lake. 4. The potential of the lake to be overused for recreational purposes. 5. The potential for the development of land surrounding the lake. 6. The potential of the lake to suffer from nonpoint source water pollution. 7. The type and size of the fish and wildlife population in and around the lake. (c) The rules under par. (a) shall designate which classification and protection activities are eligible for lake classification grants. (d) The department may award lake classification grants only to counties. (6) LAKE CLASSIFICATION TECHNICAL ASSISTANCE CONTRACTS. A nonprofit corporation receiving a lake classification technical assistance contract shall use the money provided under the contract to provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project. (7) PROHIBITED ACTIVITIES. The department may not promulgate a rule designating dam maintenance and repair as an eligible activity for grants under this section. History: 1991 a. 39; 1993 a. 343; 1995 a. 27; 1995 a. 227 s. 431; Stats. 1995 s.
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281.69; 1997 a. 27; 1999 a. 9; 1999 a. 150 s. 672; 1999 a. 185; 2001 a. 6, 16; 2009 a. 180; 2019 a. 177; 2023 a. 5. Cross-reference: See also ch. NR 193, Wis. adm. code.
281.695 Aids to municipalities for prevention and abatement of water pollution. (1) As used in this section “municipality” means any city, town, village, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewerage district. (2) Any municipality is authorized to apply for and accept grants or any other aid which the United States Government or any agency thereof has authorized or may hereafter authorize to be given or made to the several states of the United States or to any political subdivisions or agencies thereof within the states for the construction of public improvements, including all necessary action preliminary thereto, the purpose of which is to aid in the prevention or abatement of water pollution. (3) Any municipality is further authorized to accept contributions and other aid from commercial, industrial and other establishments for the purpose of aiding in the prevention or abatement of water pollution and in furtherance of such purpose to enter into contracts and agreements with such commercial, industrial and other establishments covering the following: (a) The collection, treatment and disposal of sewage and industrial wastes from commercial, industrial and other establishments; (b) The use and operation by such municipality of sewage collection, treatment or disposal facilities owned by any such commercial, industrial and other establishment; (c) The coordination of the sewage collection, treatment or disposal facilities of the municipality with the sewage collection, treatment or disposal facilities of any commercial, industrial and other establishment. (4) When determined by its governing body to be in the public interest any municipality is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment or establishments providing for sewage or other facilities, including the operation thereof, to abate or reduce the pollution of waters caused in whole or in part by discharges of industrial wastes by the industrial establishment or establishments on such terms as may be reasonable and proper. (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 281.58 and 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose. (6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources pursuant to s. 281.55 (6) (b). (7) The provisions of this section shall not be construed by way of limitation or restriction of the powers otherwise granted municipalities but shall be deemed as an addition to and a complete alternative to such powers. History: 1975 c. 197; 1979 c. 34 s. 2102 (39) (d); 1983 a. 532 s. 36; 1987 a. 27, 197, 399, 403; 1989 a. 56, 366; 1995 a. 227; 1999 a. 150 s. 370; Stats. 1999 s. 281.695.
281.70 River protection grants. (1) DEFINITIONS. In this section:
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(a) “Floating treatment wetland” means an artificial, buoyant platform for keeping plants afloat that mimics the function of natural wetlands and allows plants to grow in water that is typically too deep for them and that is placed below the ordinary high-water mark in a navigable water. (am) “Producer-led group” means any group that meets the criteria under s. 93.59 (2). (b) “River” includes a stream or a flowage. (2) TYPES OF PROJECTS. The department shall develop and administer a financial assistance program to provide grants for planning projects and management projects. (3) AMOUNTS OF GRANTS. (a) A grant for a planning project may be made for up to 75 percent of the cost of the project but may not exceed $10,000 per grant. (b) A grant for a management project may be made for up to 75 percent of the cost of the project but may not exceed $50,000 per grant. (4) ELIGIBLE RECIPIENTS. (a) All of the following shall be eligible for grants under this section: 1. Local governmental units, as defined in s. 66.0131 (1) (a). 2. River management organizations that meet the qualifications under par. (b). 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1). 4. Producer-led groups conducting producer-led group projects. If a producer-led group is not a legal entity, the eligible recipient shall be a legal entity on behalf of the producer-led group. (b) The department shall promulgate rules to establish the qualifications that a river management organization must meet to qualify for a grant under this section. (5) ELIGIBLE ACTIVITIES. The department shall promulgate rules to do all of the following: (a) Designate activities that are eligible for grants for planning projects. Eligible activities under the rules for these grants shall include all of the following: 1. Data collection. 2. Assessments of water quality and of fish and aquatic life and their habitat. 3. Assessments of the uses of a river and the uses of the land surrounding the river. 4. Nonpoint source pollution evaluation. 5. Informational or educational programs and materials as specified in par. (b). 6. Programs and materials to assist persons in forming river management organizations or other groups to protect or improve rivers and natural riverine ecosystems. (b) For purposes of par. (a) 5., specify informational or educational materials that may be provided on any of the following: 1. Protecting or improving the ways in which rivers are used. 2. Protecting or improving the quality of water in rivers. 3. Protecting or improving the quality of natural riverine ecosystems. 4. Protecting or improving fish populations, aquatic life or fish habitat in rivers. (c) Designate activities that are eligible for grants for management projects. Eligible activities under the rules for these grants shall include all of the following: 1. The purchase of land or of a conservation easement, as defined in s. 700.40 (1) (a) if the recipient enters into a contract under s. 281.71 and if the purchase will substantially contribute to the protection or improvement of the river’s water quality or its natural ecosystem.
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2. The restoration of in-stream or shoreline habitat. 3. The development of local regulations or ordinances that will protect or improve the river’s water quality or its natural ecosystem. 4. 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 river’s water quality or its natural ecosystem. 5. Installation of pollution control practices. 6. The placement of a floating treatment wetland in a river. (6) ELIGIBILITY; TYPES OF RIVERS. The department shall promulgate rules establishing the types of natural riverine ecosystems that are eligible for grants under this section. (7) ELIGIBILITY; OTHER. At the completion of a planning project, upon request of the recipient of the grant for the planning project, the department may approve as eligible activities for a management project grant the recommendations that were made as a result of the project. History: 1999 a. 9; 2001 a. 30; 2019 a. 177; 2021 a. 240 s. 30; 2023 a. 5. Cross-reference: See also ch. NR 193, Wis. adm. code.
281.71 Lake management project grants; river protection grants; purchases. (1) In order to receive a grant for a purchase under s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1., the recipient shall enter into a contract with the department that contains all of the following provisions: (a) Standards for the management of the property to be acquired. (b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt. (c) A prohibition against the property being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features. (d) A clause that any subsequent sale or transfer of the property to be acquired is subject to subs. (2) and (3). (2) The recipient of the grant used for a purchase under s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply: (a) The department approves the subsequent sale or transfer. (b) The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under sub. (1). (3) The recipient of the grant used for a purchase under s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer. (4) If the recipient violates any essential provision of the contract, title to the acquired property shall vest in the state. (5) The instrument conveying the property to the recipient shall state the interest of the state under sub. (4). The contract entered into under sub. (1) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located. History: 1999 a. 9 s. 2548.
281.72 River protection; contracts with nonprofit organizations. (1) DEFINITION. In this section, “nonprofit conservation organization” means a river management organization that meets the qualifications under s. 281.70 (4) (b) or a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the protection of rivers and that is described in section 501 (c) (3) of the Internal Revenue Code and is
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exempt from federal income tax under section 501 (a) of the Internal Revenue Code. (2) REQUIREMENTS TO RECEIVE CONTRACTS. The department shall provide contracts to nonstock, nonprofit corporations that are described under section 501 (c) (3) or (4) of the Internal Revenue Code and that are organized in this state. For a nonstock, profit corporation to qualify for a contract, the corporation shall meet all of the following requirements: (a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code. (b) The corporation provides support to nonprofit conservation organizations. (c) The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations. (d) The corporation contributes, to be used with the contract, $1 for every $3 it receives under the contract. (3) REQUIREMENTS UNDER CONTRACTS. A corporation receiving a contract under this subsection shall do all of the following: (a) Assist in the establishment of nonprofit conservation organizations. (b) Provide technical assistance to nonprofit conservation organizations. (c) Conduct conferences on topics for which technical assistance is provided under par. (b). History: 1999 a. 9.
SUBCHAPTER VI COMPENSATION 281.75 Compensation for well contamination and abandonment. (1) DEFINITIONS. In this section: (a) “Alternate water supply” means a supply of potable water obtained in bottles, by tank truck or by other similar means. (b) “Contaminated well” or “contaminated private water supply” means a well or private water supply which: 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143; 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or 3. Is subject to a written advisory opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks. (c) “Groundwater” means any of the waters of the state occurring in a saturated subsurface geological formation of permeable rock or soil. (d) “Livestock” has the meaning specified under s. 95.80 (1) (b) and includes poultry. (e) “Livestock water supply” means a well which is used as a source of potable water only for livestock and which is: 1. Approved by the department of agriculture, trade and consumer protection for grade A milk production under s. 97.24; or 2. Constructed by boring or drilling. (f) “Private water supply” means a residential water supply or a livestock water supply. (g) “Residential water supply” means a well which is used as
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a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units. (h) “Well,” if not followed by the words, “subject to abandonment,” means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. “Well” does not include dug wells. (i) “Well subject to abandonment” means a well that is required to be filled and sealed under s. NR 812.26 (4) (a), Wis. Adm. Code, or that the department may require to be filled and sealed under s. NR 812.26 (4) (b), Wis. Adm. Code. (2) DUTIES OF THE DEPARTMENT. The department shall: (a) Establish by rule procedures for the submission, review and determination of claims under this section. (b) Assist claimants in submitting applications for compensation under this section. (c) Issue awards under this section. (d) Establish casing depth and other construction requirements for a new or reconstructed private water supply. (e) Declare an area of special eligibility for compensation for well contamination, based on contamination reported after December 31, 2005, if all of the following criteria are satisfied: 1. Results of tests performed by a laboratory certified under s. 299.11 establish that wells in the area are contaminated by fecal bacteria. 2. Evidence demonstrates that the bacterial contamination is caused by livestock. (f) Establish requirements for the filling and sealing of wells subject to abandonment. (3) WELLS FOR WHICH A CLAIM MAY BE SUBMITTED. A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated or for a well subject to abandonment. (4) WHO MAY SUBMIT A CLAIM. (a) Except as provided under par. (b), a landowner or lessee of property on which is located a contaminated private water supply or a well subject to abandonment, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section. (b) The following entities may not submit a claim: 1. The state. 2. An office, department, independent agency, institution of higher education, association, society or other body in state government. 3. An authority created under subch. II of ch. 114 or ch. 231, 233, 234, 237, or 238. 4. A city, village, town, county or special purpose district. 5. A federal agency, department or instrumentality. 6. An interstate agency. (4m) INCOME LIMITATION. (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000. (b) Except as provided under par. (d), annual family income shall be based upon the adjusted gross income of the landowner or lessee and the landowner’s or lessee’s spouse, if any, as computed for Wisconsin income or franchise tax purposes for the taxable year prior to the year in which the claim is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year of the enforcement order. (c) In order to be eligible for an award under this section, the
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claimant shall submit a copy of the designated income or franchise tax returns for the taxable year prior to the year in which the claim is made together with the application under sub. (5). The claimant shall submit a copy of the landowner’s or lessee’s Wisconsin franchise tax return, joint Wisconsin income tax return or, if filing separately, the landowner’s or lessee’s separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any. (d) The department may disregard the Wisconsin income tax return for the taxable year prior to the year in which the claim is made and may determine annual family income based upon satisfactory evidence of adjusted gross income or projected taxable income of the landowner or lessee and the landowner’s or lessee’s spouse in the current year. (5) APPLICATION. (a) A claimant shall submit a claim on forms provided by the department. The claimant shall verify the claim by affidavit. (b) The claim shall contain: 1. Test results which show that the private water supply is contaminated, as defined under sub. (1) (b) 1. or 2., information to show that the private water supply is contaminated as defined under sub. (1) (b) 3., or information to show that the well is a well subject to abandonment; 2. If the claim is based on a contaminated private water supply, any information available to the claimant regarding possible sources of contamination of the private water supply; and 3. Any other information requested by the department. (c) The department shall notify the claimant if the claim is complete or specify the additional information which is required to be submitted. If the claimant does not submit a complete claim, as determined by the department, the department may not proceed under this section until it receives a complete claim. (d) A claim constitutes consent by the claimant to: 1. Enter the property where the private water supply or well subject to abandonment is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and 2. If the claim is based on a contaminated private water supply, cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated. (e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply or for the same well subject to abandonment. (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available. (6) DETERMINING CONTAMINATION. (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or 2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11. (b) The department may reject test results which are not sufficiently recent. (c) The department, at its own expense, may test additional samples from any private water supply for which a claim is submitted. (7) PURPOSE AND AMOUNT OF AWARD. (a) If the department finds that the claimant meets all the requirements of this section
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and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000. (b) If the annual family income of the claimant exceeds $45,000, the amount of the award is the amount determined under par. (a) less 30 percent of the amount by which the claimant’s income exceeds $45,000. (c) Eligible costs under this subsection include the following items only: 1. If the claim is based on a contaminated private water supply, the cost of obtaining an alternate water supply; 2. If the claim is based on a contaminated private water supply, the cost of any one of the following: a. Equipment used for treating the water; b. Reconstructing the private water supply; c. Constructing a new private water supply; d. Providing for a public water supply to replace the private water supply including costs related to connection to the public water supply and costs related to special assessments and onetime municipal charges for capital improvements and services involved in providing the public water supply; or e. Providing a connection to an existing private water supply; 3. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed, if connection to a public or private water supply is provided, or if the claim is based on a well subject to abandonment; 4. The cost of obtaining 2 tests to show that the private water supply was contaminated if the claim is based on a contaminated private water supply and the cost of those tests was originally paid by the claimant; 5. The cost of purchasing and installing a pump, if the claim is based on a contaminated private water supply and a new pump is necessary for the new or reconstructed private water supply; and 6. If the claim is based on a contaminated private water supply, the cost of relocating pipes, as necessary, to connect the replacement water supply to the buildings served by it. 7. If the claim is based on a contaminated water supply that is eligible under sub. (11) (ae), the cost of properly abandoning any improperly abandoned private water supply located on the property owned or leased by the claimant. (8) COPAYMENT. The department shall require a copayment of $250 unless the claim is solely for well abandonment. (9) CONTAMINATION STANDARD; NITRATES. (a) This subsection applies to a private water supply which: 1. Is a livestock water supply or is a residential water supply which is used as a source of potable water for livestock as well as for a residence; and 2. Is used at least 3 months each year and while in use provides an estimated average of more than 100 gallons per day for consumption by livestock. (b) Notwithstanding the requirement of contamination under sub. (7), if a private water supply meets the criteria under par. (a) and the claim is based upon contamination by nitrates and not by any other substance, the department may make an award only if the private water supply produces water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen. (10) ISSUANCE OF AWARD. (a) The department shall issue awards without regard to fault. (b) Contributory negligence is not a bar to recovery and no
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award may be diminished as the result of negligence attributable to the claimant or to any person who is entitled to submit a claim. (c) The department shall pay each claim within 30 days after a completed payment request is submitted. The department shall pay eligible costs under sub. (7) based upon cost tables and rules promulgated under sub. (11) (c). (11) DENIAL OF CLAIM; LIMITS ON AWARDS. (a) Denial of claim. The department shall deny a claim if: 1. The claim is not within the scope of this section. 2. The claimant submits a fraudulent claim. 3. The claim is for reimbursement of costs incurred before the department determined that the claim was complete under sub. (5) (c). 4. If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well. 5. If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim. 6. If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location. 7. Except as provided in sub. (14), an award has been made under this section within the previous 10 years for the parcel of land where the private water supply is located and the claim is based on a contaminated private water supply. 8. If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply, is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance, except as provided in par. (ae). 9. If the claim is based on a contaminated private water supply, the contaminated private water supply is a livestock water supply, is contaminated by bacteria, and is not contaminated by any other substance. 10. The amount of the award determined under sub. (7) would be less than $100. (ae) Bacterial contamination. Paragraph (a) 8. does not apply to a residential well that is contaminated by bacteria and is in an area of special eligibility for compensation for well contamination as declared by the department under sub. (2) (e). (am) Emergency. Notwithstanding par. (a) 3., the department may authorize expenditures before a claim is submitted if the department determines that an emergency situation exists. The department shall establish standards and procedures for the payment of claims in emergency situations. (b) Limits on awards for contaminated wells; purposes. 1. An award may be issued for purchasing and installing a pump if a pump is necessary for the new or reconstructed private water supply. 2. An award may be issued for water treatment only if the contamination cannot be remedied by reconstruction or replacement of the private water supply, or connection to another water supply is not feasible. 3. An award may not be issued for the replacement of a sand point well with a drilled well unless: a. The department determines that replacement with another sand point well is not feasible; and
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b. The department determines that the person had no knowledge or reason to believe the sand point well would become contaminated at the time it was constructed. 4. An award may not be issued for the reimbursement of costs of an alternative water supply incurred before the department confirmed that contamination existed. (c) Limits on awards; costs determined by rule. The department shall determine by rule the usual and customary costs of each item for which an award may be issued under sub. (7). The rule shall reflect the range of costs resulting from differences in costs of construction, labor, equipment and supplies throughout the state, various soil and bedrock conditions, sizes and depths of wells, types of well construction and other factors which may affect the costs. The department shall determine the amount of all awards according to the rules promulgated under this paragraph. (d) Limits on awards for contaminated wells; amount. Awards shall be issued subject to the following limitations on amount: 1. If the contamination can be remedied by reconstruction of the private water supply, construction of a new private water supply or connection to an existing public or private water supply, the department shall issue an award for the least expensive means of remedying the contamination. 2. If the contamination cannot be remedied by a new or reconstructed private water supply, the maximum award for connection to an existing public or private water supply is 150 percent of the cost of constructing a new private water supply. 3. An award for an alternate water supply is limited to the amount necessary to obtain water for a one-year period, except as provided under sub. (13). (11m) ABANDONMENT OF CERTAIN PRIVATE WATER SUPPLIES. If the department determines that there is an improperly abandoned private water supply located on property owned or leased by a claimant with a contaminated private water supply that is eligible under sub. (11) (ae), the department may issue an award only if the claimant properly abandons the improperly abandoned private water supply. (12) RECONSTRUCTION OR REPLACEMENT OF WELLS. If the department determines that the claimant is entitled to compensation for reconstruction of a private water supply or construction of a new private water supply, the department may issue the award only if all of the following conditions are satisfied: (a) The well complies with casing depth and other construction requirements established by the department. (b) If the well is a drilled well, it is constructed by a well driller licensed under ch. 280 or, if the well is a sandpoint well, it is constructed by a well driller or pump installer licensed under ch. 280. (13) COORDINATION OF COMPENSATION AND REMEDIAL ACTION. If the secretary determines that the implementation of a response to groundwater contamination by a regulatory agency under s. 160.25 can be expected to remedy the contamination in a private water supply in 2 years or less, the secretary may order a delay in the issuance of an award for up to a 2-year period. If the secretary issues an order under this subsection, the department shall issue an award for an alternate water supply while the order is in effect or until the well is no longer contaminated, whichever is earlier. If, upon expiration of the order, the department determines that the private water supply is not contaminated, the department may not issue an award under this section. (14) NEW CLAIMS. (a) New contamination. A claimant who receives an award for the purpose of constructing or reconstructing a private water supply or connection to a private water supply may submit a new claim if the contamination is from a new
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source and, if the previous award was for a new or reconstructed private water supply, the well was constructed properly. (b) Failure to eliminate contamination. 1. A claimant who receives an award for the purpose of constructing or reconstructing a private water supply or connection to a private water supply may submit a new claim if the contamination is not eliminated and, if the award was for a new or reconstructed private water supply, the well was constructed properly. 2. Only one additional claim may be submitted under this paragraph within 10 years after an award is made. (15) TOLLING OF STATUTE OF LIMITATIONS. Any law limiting the time for commencement of an action is tolled by the filing of a claim. The law limiting the time for commencement of the action is tolled for the period from the first filing of a claim until the department issues an award under this section. If a period of limitation is tolled by the filing of a claim, and the time remaining after issuance of the final award in which an action may be commenced is less than 30 days, the period within which the action may be commenced is extended to 30 days from the date of issuance of the final award. (16) RELATION TO OTHER ACTIONS. (a) The existence of the relief under this section is not a bar to any other statutory or common law remedy. (b) A person is not required to exhaust the remedy available under this section before commencing an action seeking any other statutory or common law remedy. (c) The findings and conclusions under this section are not admissible in any civil action. (d) The state is subrogated to the rights of a claimant who obtains an award under this section in an amount equal to the award. All moneys recovered under this paragraph shall be credited to the environmental fund for environmental management. (17) APPLICABILITY. (a) A claim based on a contaminated private water supply may be submitted irrespective of the time when the contamination is or could have been discovered in the private water supply. A claim may be submitted for contamination which commenced before May 11, 1984, and continues at the time a claim is submitted under this section. (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8). (18) SUSPENSION OR REVOCATION OF LICENSES. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 if the department of safety and professional services finds that the plumber falsified information submitted under this section. (19) PENALTIES. Whoever does any of the following shall forfeit not less than $100 nor more than $1,000 and shall be required to repay an award issued to that person under this section: (a) Causes or exacerbates the contamination of a private water supply for the purpose of submitting a claim under this section; or (b) Submits a fraudulent claim under this section. History: 1983 a. 410; 1985 a. 22, 29; 1989 a. 31; 1991 a. 39; 1993 a. 413; 1995 a. 27 ss. 4208 to 4210, 9116 (5); 1995 a. 227 s. 401; Stats. 1995 s. 281.75; 1997 a. 27; 2001 a. 16; 2005 a. 123, 335; 2007 a. 20; 2009 a. 28; 2011 a. 7, 10, 32; 2013 a. 1; 2017 a. 69; 2021 a. 240. Cross-reference: See also ch. NR 123, Wis. adm. code.
281.77 Damage to water supplies. (1) In this section: (a) “Private water supply” means a well that is used as a water supply for humans or a well that is constructed by drilling and is used as a water supply for livestock, as defined in s. 95.80 (1) (b), or poultry.
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(b) “Regulated activity” means an activity for which the department may issue an order under chs. 285 or 289 to 299 or this chapter, if the activity is conducted in violation of chs. 285 or 289 to 299 or this chapter or in violation of licenses, permits or special orders issued or rules promulgated under chs. 285 or 289 to 299 or this chapter. (2) (a) Except as provided under par. (b), if the department finds that a regulated activity has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the department may conduct a hearing on the matter. The department shall conduct a hearing on the matter upon request of the owner or operator of the regulated activity. At the close of the hearing, or at any time if no hearing is held, the department may order the owner or operator of the regulated activity to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4). (b) If the department finds that a regulated activity caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, and if the regulated activity is an approved facility, as defined in s. 289.01 (3), the department may conduct a hearing under s. 292.31 (3) (f). If the damage to the private water supply is caused by an occurrence not anticipated in the plan of operation which poses a substantial hazard to public health or welfare, the department may expend moneys in the environmental fund that are available for environmental repair to treat the water to render it drinkable, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4). If the damage to the private water supply is not caused by an occurrence not anticipated in the plan of operation, if the damage does not pose a substantial hazard to public health or welfare, or if moneys in the environmental fund that may be used for environmental repair are insufficient, the department may order the owner or operator of the regulated activity to treat the water to render it fit for consumption by humans, livestock and poultry, or to repair or replace the private water supply, and to reimburse the town, village or city for the cost of providing water under sub. (4). (3) In any action brought by the department of justice under s. 299.95, if the court finds that a regulated activity owned or operated by the defendant has caused a private water supply to become contaminated, polluted or unfit for consumption by humans, livestock or poultry, the court may order the defendant to treat the water to render it fit for consumption by humans, livestock and poultry, repair the private water supply or replace the private water supply and to reimburse the town, village or city for the cost of providing water under sub. (4). (4) (a) The owner of land where the private water supply is located may submit the following information to the town, village or city where the private water supply is located: 1. Documentation from an action under sub. (2) or (3) showing that the department or the department of justice is seeking to obtain treatment, repair or replacement of the damaged private water supply. 2. A declaration of the need for an immediate alternative source of water. (b) A person who submits information under par. (a) may file a claim with the town, village or city where the private water supply is located. The town, village or city shall supply necessary amounts of water to replace that water formerly obtained from the damaged private water supply. Responsibility to supply water commences at the time the claim is filed. Responsibility to supply water ends upon notification to the town, village or city that
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an order under sub. (2) or (3) has been complied with or upon a finding that the regulated activity is not the cause of the damage. (c) If the department or the court does not find that the regulated activity is the cause of the damage to a private water supply, reimbursement to the town, village or city for the costs of supplying water under par. (b), if any, is the responsibility of the person who filed the claim. The town, city or village may assess the owner of the property where the private water supply is located for the costs of supplying water under this subsection by a special assessment under s. 66.0703. History: 1981 c. 374; 1983 a. 27 s. 2202 (38); 1983 a. 410 ss. 75g to 77g; Stats. 1983 s. 144.265; 1989 a. 31; 1995 a. 227 s. 433; Stats. 1995 s. 281.77; 1999 a. 150 s. 672; 2005 a. 347. NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
SUBCHAPTER VII GREAT LAKES REMEDIAL ACTION 281.81 Definitions. In this subchapter: (1) “International joint commission” has the meaning given in s. 281.35 (1) (h). (2) “Remedial action plan” means a comprehensive plan to clean up and restore the environment in a contaminated area that is in or adjacent to Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior and that is identified as an area of concern by the international joint commission under the Great Lakes water quality agreement. History: 1995 a. 227 s. 412.
281.83 Remedial action in the Great Lakes and their tributaries. (1) The department may perform activities to clean up or to restore the environment in an area that is in or adjacent to Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if the activities are included in a remedial action plan that is approved by the department. (2) In selecting projects to perform under this section, the department shall consider the amount of state funds available, the availability of matching funds from federal, private or other sources, the willingness and ability of a responsible person to fund a project, the willingness and ability of a local governmental unit, as defined in s. 281.51 (1) (c), to undertake or assist in a project, the severity of the environmental contamination that a project will address and the size of the population affected by the contamination. (3) (a) If a person provides funding for an activity that is part of a remedial action plan, that provision of funding is not evidence of liability or an admission of liability for any environmental contamination. (b) The acceptance by the department of funding from a person for an activity that is part of a remedial action plan does not limit the ability of the department to take action against that person if the department determines that the person is responsible, in whole or in part, for environmental contamination. History: 1995 a. 227 ss. 411, 413.
281.85 Great Lakes protection fund share. The department may use moneys from the appropriation under s. 20.370 (4) (ah) for any of the following purposes: (1) To implement activities included in a remedial action plan. (2) To restore or protect fish or wildlife habitats in or adjacent to Lake Michigan or Lake Superior. (3) For planning or providing information related to cleaning up or protecting the Great Lakes. History: 1995 a. 227 ss. 414, 416; 1997 a. 27.
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281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment. History: 2007 a. 20; 2009 a. 28.
SUBCHAPTER VIII GENERAL PROVISIONS; ENFORCEMENT 281.91 State agency personnel to report water pollution. Personnel of all state agencies shall report any evidence of water pollution found by them to the department. History: 1995 a. 227 ss. 396, 987.
281.92 Limitation. Nothing in this chapter affects ss. 196.01 to 196.79 or ch. 31. History: 1979 c. 221 s. 624; Stats. 1979 s. 144.27; 1995 a. 227 s. 435; Stats. 1995 s. 281.92. The Department of Natural Resources may consider wetland water quality standards in ch. NR 103, Wis. Adm. Code, when making a water level determination under former s. 31.02 (1), 2011 stats. Former s. 281.92, 2011 stats., does not preclude the department from applying the wetland water quality standards in ch. NR 103 or other parts of this chapter, when appropriate, after weighing factors under s. 31.02 (1). Rock-Koshkonong Lake District v. DNR, 2013 WI 74, 350 Wis. 2d 45, 833 N.W.2d 800, 08-1523.
281.93 Hearings on certain water use actions. (1) PERMIT OR APPROVAL HOLDER OR APPLICANT; ORDER RECIPIENT. Any permit or approval, part of a permit or approval, condition or requirement in a permit or approval, order, decision or determination by the department under s. 281.344, 281.346, or 281.35 shall become effective unless the permit or approval holder or applicant or the order recipient seeks a hearing challenging the action in the following manner: (a) Petition. The person seeking a hearing shall file a petition with the department within 30 days after the date of the action sought to be reviewed. The petition shall set forth specifically the issue sought to be reviewed, the interest of the petitioner, the reasons why a hearing is warranted, and the relief desired. Upon receipt of the petition, the department shall hold a hearing after at least 10 days’ notice. (b) Hearing. The hearing shall be a contested case under ch. 227. At the beginning of the hearing the petitioner shall present evidence in support of the allegations made in the petition. Following the hearing the department’s action may be affirmed, modified, or withdrawn. (1m) EFFECT OF A CHALLENGE. If a permit or approval holder or applicant seeks a hearing challenging part of a permit or approval or a condition or requirement in a permit or approval under sub. (1), the remainder of the permit or approval shall become effective and the permit or approval holder or applicant may, at its discretion, begin the activity for which the application was submitted or for which the permit or approval was issued. (2) OTHER PERSONS. Except as provided in ss. 281.344 (4e) (g) and 281.346 (4e) (g), any person who is not entitled to seek a hearing under sub. (1) (intro.) and who meets the requirements of s. 227.42 (1) or who submitted comments in the public comment process under s. 281.344, 281.346, or 281.35 may seek review under sub. (1) of any permit or approval, part of a permit or approval, order, decision, or determination by the department under s. 281.344, 281.346, or 281.35. (3) MINING HEARING. Subsections (1) and (2) do not apply if
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a hearing on the matter is conducted as a part of a hearing under s. 293.43. History: 2007 a. 227.
Updated 23-24 Wis. Stats. 100 subpoenas, compel the attendance of witnesses and the production of necessary or essential data. History: 1995 a. 227 ss. 402, 403.
281.94 Investigation of alleged water withdrawal violations. (1) Any 6 or more residents of this state may petition for an investigation of a withdrawal alleged to be in violation of s. 281.35, 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners. (2) Upon receipt of a petition, the department shall do one of the following: (a) If the department determines that the allegations are true, order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction. (b) Conduct a contested case hearing on the allegations of the petition. Within 60 days after the hearing, the department shall either dismiss the petition or notify the alleged violator of its finding that the allegations are true and order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction. (d) If the department determines that the allegations are untrue or that the petition was filed maliciously or in bad faith, dismiss the petition without holding a hearing. (3) Any person who maliciously or in bad faith files a petition under sub. (1) is liable for attorney fees and damages or other appropriate relief to the person that is the subject of the petition.
281.97 Records; inspection. Records required by the department shall be kept by the owners and the department supplied with certified copies and such other information as it may require. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with.
History: 1985 a. 60; 1995 a. 227 s. 827; Stats. 1995 s. 281.94; 2007 a. 227.
History: 1995 a. 227; 1997 a. 27; 1999 a. 147; 2001 a. 6, 109; 2003 a. 309; 2007 a. 227; 2011 a. 118.
281.95 Remedies; water withdrawal violations. Any person who makes a withdrawal in violation of s. 281.35, 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal. History: 1985 a. 60; 1995 a. 227 s. 828; Stats. 1995 s. 281.95; 2007 a. 227.
281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or employee. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have power for all purposes falling within the department’s jurisdiction to administer oaths, issue
History: 1995 a. 227 s. 410; Stats. 1995 s. 281.97.
281.98 Penalties. (1) Except as provided in ss. 281.344 (14) (a), 281.36, 281.346 (14) (a), 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue. (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). (3) In addition to the penalties under sub. (1), the court may order the defendant to abate any nuisance, restore a natural resource or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the defendant.
281.99 Administrative forfeitures for safe drinking water violations. (1) (a) The department may directly assess forfeitures in the amounts provided under sub. (2) for violations of safe drinking water program rules promulgated under s. 281.17 (8) or (9). (b) 1. Subject to subd. 2., if the department proposes to assess a forfeiture for a particular violation, it shall first provide written notice of the alleged violation to the water system owner or operator. The notice shall state the amount of the proposed forfeiture, an explanation of how the amount of the proposed forfeiture was determined under sub. (2) (b) and a proposed order under par. (c). After providing the notice, the department shall attempt to negotiate with the water system owner or operator to remedy the alleged violation. If the water system owner or operator corrects the alleged violation, or if the department and the water system owner or operator reach a compliance agreement, before an order is issued under par. (c), the department may not assess a forfeiture for the alleged violation. 2. The department may directly assess a forfeiture by issuing an order under par. (c) without first providing notice if the alleged violation either creates an acute risk to public health or safety or is part of a documented pattern of noncompliance with one or more rules promulgated under s. 281.17 (8) or (9). (c) If the department determines that a forfeiture should be assessed for a particular violation, it shall issue an order under s. 281.19 (2) (a) to the water system owner or operator alleged to
May 22, 2026, are designated by NOTES. (Published 5-22-26)
have committed the violation. Except as provided in par. (b) 2., the department may not issue the order until at least 60 days after the day on which it provided notice under par. (b) 1. The order shall specify the amount of the forfeiture assessed, the violation and the rule alleged to have been violated and shall inform the licensee of the right to contest the order under sub. (3). (2) (a) The amount of forfeitures that the department may assess under this section are as follows: 1. For water systems that serve a population of more than 10,000 persons, not less than $10 nor more than $1,000 for each day of each violation, but not more than $25,000 per violation in one order. 2. For water systems that serve a population of 10,000 persons or less, not less than $10 and not more than $500 for each day of violation, but not more than $25,000 in one order. (b) The department, in determining the amount of forfeiture that it assesses under this section, shall consider the following factors, as appropriate: 1. The gravity of the violation, including the probability of harm to persons served by the water system. 2. Good faith exercised by the water system owner or operator, including past or ongoing efforts to correct problems or achieve compliance with the safe drinking water program. 3. Any previous violations committed by the water system owner or operator at the same water system.
WATER AND SEWAGE
281.99
4. The financial benefit to the water system owner or operator of continuing the violation. 5. Any other relevant factors. (c) While an order issued under this section is contested, suspended, stayed or enjoined, any forfeiture under this section does not accrue. (3) A water system owner or operator may contest the issuance of an order and the assessment of a forfeiture under this section using the procedure under ch. 227 or s. 281.19 (8). A water system owner or operator that timely requests a hearing under ch. 227 is entitled to a contested case hearing. (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. (5) The attorney general may bring an action as provided in s. 281.19 (2) (a) in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. (6) Section 893.80 does not apply to actions commenced under this section. History: 1997 a. 27, 237; 2003 a. 33.
May 22, 2026, are designated by NOTES. (Published 5-22-26)