Section 7.05. Eligible projects.

  Projects eligible for funding under this section consist of:

(1)  Facilities such as ramps and boarding docks required to gain access to the water.

(2)  Structures such as bulkheads and breakwaters necessary to provide safe water conditions for boaters.

(3)  Activities such as dredging of launch basins and harbors of refuge to provide safe water depths for recreational boating. Dredging of launch basins or harbors of refuge is an eligible project only when it is associated with project development at the project site. Maintenance dredging of launch basins and harbors of refuge is not an eligible item for funding.

(4)  Support facilities including parking lots, signs, sanitary facilities, fencing or security lighting for the convenience of boaters.

(5)  Improvement and repair of locks and facilities which provide access between waterways for operators of recreational watercraft.

(6)  Acquisition of aids to navigation and regulatory markers including ground tackle. Only the costs of the aids to navigation and regulatory markers including shipping and ground tackle are eligible for funds under this chapter. The cost of repairing, placing, moving or removing aids to navigation or regulatory markers is not eligible for funds under this chapter.

(7)  Acquisition of capital equipment that is necessary to cut and remove aquatic plants that are aquatic nuisances or that are detrimental to fish habitat with the following limitations:

(a) Eligible capital equipment shall be limited to cutting devices, barges with propelling motors, conveyors and trailering devices.

(b) Acquisition of capital equipment is eligible only when the acquisition is pursuant to a plan to cut and remove aquatic plants that is approved by the department. If the capital equipment is to be used on more than one lake, each lake shall be covered by a department approved plan to cut and remove aquatic plants and each plan shall outline the organizational relationships, rights and responsibilities for weed harvesting operations between the cooperating sponsors.

(c) For a single waterbody for which the equipment is being purchased the waterbody shall have a minimum acreage of harvestable aquatic plants of at least 30 acres. For several small waterbodies for which the equipment is being purchased, the cumulative acreage shall be at least 50 but no more than 100 acres of harvestable aquatic plants for all lakes combined and the waterbodies shall be in close proximity to each other as approved by the commission.

(d) All sponsors for small lakes cooperating in the purchase of weed harvesting equipment shall demonstrate financial participation in the purchase of the equipment.

(e) If a sponsor purchases new equipment, the department may not provide funds for the purchase of individual pieces of weed harvesting equipment more than once every 10 years. If a sponsor purchases used equipment, the 10-year limitation may be shortened to match the remaining years of utility of the equipment. If a sponsor sells any or all of the equipment funded under this chapter prior to the end of the 10 year or adjusted period, the sponsor shall repay the department 50% of the sale price.

(8)  Rehabilitation of capital improvements that are related to recreational boating facilities with the following limitations:

(a) The repair or renovation is the result of damage from natural events or faulty design but is not a result of inadequate maintenance or lack of care.

(b) The total estimated cost of the rehabilitation is greater than $10,000.

(c) The total amount of costs eligible for cost sharing assistance that a sponsor receives for rehabilitation shall be reduced or refunded by any amount of damages recovered by the sponsor through either litigation or insurance settlement.

(9)  

(a) In addition to projects specified under subs. (1) to (8) , dredging of a channel of an inland waterway to the degree necessary to accommodate recreational watercraft is eligible for funding with the following limitations:

1. In order to be eligible for funds, a channel to be dredged in a lake shall be defined by aids to navigation as defined in s. 30.74 (2) (b) , Stats.

2. Cost sharing for dredging of a channel may be provided only for dredging the width of a channel to a distance of 25 feet on either side of the centerline of a river or 25 feet on either side of a center channel marker in a lake. The dredging of backslopes necessary to maintain a channel width of 50 feet for a minimum of 10 years is eligible. The depth of the channel dredging shall be limited to the depth necessary to accommodate recreational watercraft commonly utilizing the waterbody.

3. Eligible costs of dredging a channel in a waterway include: engineering, including soil borings; dredging and mobilization; construction of a temporary holding area; and transportation of spoils. The cost of constructing revetments to permanently contain spoils is eligible if the sponsor can demonstrate that the cost of creating a land mass is less than the cost of transportation of spoils to a disposal site or if a substantial benefit to the recreational boating public will accrue.

4. Ineligible costs include: any costs relating to planning, engineering, dredging, handling, processing, transporting or depositing of contaminated dredge spoils; the purchase of land rights for a spoils deposition area or the costs of landfill storage of spoils; costs of land treatment to cover up spoils deposit; and the cost of testing or monitoring as a condition of a state or federal permit.

5. A sponsor may not receive funds for dredging the same channel of a waterway more than once every 10 years.

(b) For the purpose of s. 30.92 (4) (b) 2. , Stats., the dredging of a channel of a waterway to the degree necessary to accommodate recreational watercraft pursuant to s. 30.92 (4) (b) 8. a. , Stats., shall be considered a construction project.

(10)  Use of chemicals to remove Eurasian water milfoil as follows:

(a) Eligible costs are the cost of chemicals, chemical application and necessary permits.

(b) Ineligible costs are costs of pre- and post-treatment monitoring, information and education materials, preparation of aquatic plant management plans, spraying equipment or protective equipment.

(11)  Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway. Eligible costs are the costs of the following capital equipment: collecting devices, barges with propelling motors, conveyors and trailering devices.

History: Cr. Register, April 1979, No. 280 , eff. 5-1-79; cr. (4) and (5), Register, December, 1986, No. 372 , eff. 1-1-87; am. (1) to (4), cr. (6) and (7), Register, January, 1993, No. 445 , eff. 2-1-93; am. (4) to (6), r. and recr. (7), cr. (8) and (9), Register, March, 1997, No. 495 , eff. 4-1-97; CR 00-112 : cr. (10) and (11), Register November 2001 No. 551 , eff. 12-1-01.

Note

The limit on the design slope ratio of the backslope dredging shall be commensurate with the nature of the lakebed materials. Microsoft Windows NT 6.1.7601 Service Pack 1