Section 50.88. Streambank or shoreline protection.

 

(1)   Definition. In this section, "streambank or shoreline protection" means waterbody-specific treatments used to stabilize and protect the eroding banks of streams or constructed channels, and shorelines of lakes, reservoirs, or estuaries. The practice is designed and installed to provide water quality benefits or control soil erosion including degradation from livestock and may protect fish habitat as an incidental benefit. Streambank or shoreline protection may include any of the following components:

(a) Critical area stabilization under s. ATCP 50.69 .

(b) Diversions under s. ATCP 50.70 .

(c) Grade stabilization under s. ATCP 50.73 .

(d) Riparian buffers under s. ATCP 50.83 .

(e) Roof runoff systems under s. ATCP 50.85 .

(f) Subsurface drain under s. ATCP 50.90 .

(g) Underground outlet under s. ATCP 50.92 .

(h) Wetland development or restoration under s. ATCP 50.98 .

(2)   Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to streambank or shoreline protection:

(a) Costs to install new soil bioengineering and structural treatments including rock riprap. Wood chunks, unsorted demolition material, brick, plaster, blacktop, and other materials that may produce leachates may not be used as riprap. A cost-share grant may reimburse costs for rock and timber riprap used to establish fish habitat, in combination with the restoration of a riparian buffer and as part of a streambank or shoreline protection scheme, provided that reimbursement for fish habitat does not exceed 25% of the cost-share grant.

(b) Costs to shape streambanks or shorelines before installing protective plantings or structures.

(c) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.

(2m)   Ineligible costs. Except for violations of this chapter or ch. NR 151 , a cost-share grant under s. ATCP 50.40 may not reimburse costs related to mitigation or correction of a violation of state or local laws.

(3)   Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse costs for streambank or shoreline protection unless all of the following conditions are met:

(a) The streambank or shoreline protection complies with all of the following that apply:

1. NRCS technical guide critical area planting standard 342 (January, 2013).

2. NRCS technical guide fence standard 382 (January, 2014).

3. NRCS technical guide streambank and shoreline protection standard 580 (August, 2013).

4. NRCS technical guide tree/shrub establishment standard 612 (July, 2011).

5. NRCS technical guide heavy use area protection standard 561 (August, 2015).

(b) Cost-share recipients shall obtain all required DNR permits before installing any practices. The department may require documentation that permits have been obtained before it makes reimbursements under this chapter.

(c) The landowner agrees to maintain the streambank or shoreline protection for 10 years unless the practice is no longer required to prevent the soil and water resource problem for which the practice was installed.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : am. (3) (a) 1. to 5. Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (title), renum. (1) to (1) (intro.), cr. (1) (a) to (h), am. (2) (intro.), r. (2) (a), renum. (2) (b) to (2) (a) and am., renum. (2) (c) to (2) (b), r. (2) (d), renum. (2) (e) to (2) (c), r. (2) (f), cr. (2m), am. (3) (a) 1. to 5., r. and recr. (3) (b), am. (3) (c) Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (3) (a) 2., 3., 5. Register May 2015 No. 713 , eff. 6-1-15; CR 16-102 : am. (3) (a) 5. Register August 2016 No. 728 , eff. 9-1-16.

Note

Lunker structures, or rock and timber riprap, are sometimes used to create fish habitat. Microsoft Windows NT 6.1.7601 Service Pack 1 Additional cost-shared practices may be combined with this practice to fully address the environmental problems at the site and protect the natural resource. Where appropriate, additional practices may include fencing (s. ATCP 50.75 ) to exclude livestock, water pumps, or other facilities (s. ATCP 50.76 ) if this is the most cost-effective way to deliver water to livestock excluded from access to surface water, or stream crossings (s. ATCP 50.885 ) to minimize disturbance at points of entry to a stream. Microsoft Windows NT 6.1.7601 Service Pack 1