Wisconsin Statutes 281.69 – Lake management and classification grants and contracts
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Terms Used In Wisconsin Statutes 281.69
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Population: means that shown by the most recent regular or special federal census. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
(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.
281.69(2)(a) (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.
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.
281.69(5)(a) (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.