Wisconsin Statutes 281.665 – Municipal flood control and riparian restoration program
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Terms Used In Wisconsin Statutes 281.665
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
- Village: means incorporated village. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(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 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.
281.665(5)(a) (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 cost-sharing 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 and 2019-21 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 or executed in whole or in part by the U.S. army corps of engineers under 33 U.S. Code § 701s.