Section 199.08. Eligible and ineligible costs.

 

(1)   Eligible costs. Costs eligible for funding under this chapter are those reasonable and necessary project costs which the department determines are consistent with the approved project. Eligible costs shall be incurred during the project period except costs identified in pars. (a) 3. and (b) 4. Applicants may apply for a local assistance grant, an acquisition and development grant or both. Local assistance grants provide funding for administrative costs; acquisition and development grants provide funding for purchase of land or easements and construction or other development costs. Eligible costs for the 2 grant types are as follows:

(a) Eligible costs for local assistance grants may include, but are not limited to:

1. Labor costs, including force account labor, required for carrying out activities identified in the grant agreement. Costs shall be based on grant recipient rates for the position including salary, fringe benefits and other items determined to be appropriate by the department.

2. Direct costs for laboratory analysis, surveys, publications, mailings, professional service contracts, development activities and similar items.

3. Engineering or planning fees necessary to complete the project may be eligible, including costs incurred on or after October 29, 1999.

4. The cost of necessary materials, supplies and equipment used exclusively for project-related purposes over its useful life or the cost of the portion of supplies or equipment used for the project.

5. The costs of leased equipment and facilities used for project related purposes for the length of the project. The cost of the use of the equipment owned by the grant recipient may not exceed the county highway rates established annually by the Wisconsin department of transportation.

(b) Eligible costs for acquisition and development grants may include, but are not limited to:

1. Acquisition and removal costs.

2. Costs to build facilities and structures for the collection, detention, retention, storage and transmission of stormwater and groundwater for flood control and riparian restoration projects.

3. Structural floodproofing and elevation costs.

4. Engineering or planning fees to complete the project may be eligible, including previously incurred costs.

5. Relocation costs required in the property acquisition transaction.

6. Acquisition costs to purchase conservation and flowage easements, subject to the following conditions:

a. Property encumbered by an easement may not be converted to uses inconsistent with the easement. All structural development, including residential, industrial or commercial development, is prohibited on those areas of easement property that are encumbered by a municipal flood control grant. Additional restrictions or conditions may be imposed by the easement or grant contract.

b. Agricultural, forestry, recreation and related open space uses may be permitted on property encumbered by an easement as long as those activities are compatible with the purposes of the municipal flood control program and the project.

c. Any agricultural use within the area encumbered by an easement shall be carried out in accordance with the conditions, standards and specifications of a soil and water conservation plan approved by the natural resources conservation service office located in each county.

d. Harvesting of timber within the area encumbered by an easement shall be carried out in accordance with the conditions of a forest management plan approved by the department.

e. Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Department best management practices shall be employed to the greatest extent possible for the project. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

f. If a grant application is submitted for a property as part of an acquisition of conservation and flowage easements and that property is subsequently withdrawn from consideration, another property may be substituted if inclusion of that property would result in the same or higher ranking as the application received with the original property.

(2)   Ineligible costs. Those costs which the department determines are not directly associated with or necessary to implement the project are ineligible for grants. Ineligible costs include, but are not limited to:

(a) Fines and penalties due to violations of federal, state or local laws and regulations.

(b) Ordinary operating expenses of local government applicants, such as salaries and expenses of public officials, that are not directly related to the project.

(c) Indirect costs including administrative costs and costs to purchase vehicles or other property not directly related to the project.

(d) Costs for which payment has been, or will be, received from any other funding source.

History: CR 01-014 : Cr. Register October 2001 No. 550 , eff. 11-1-01.

Note

The county highway rates for equipment are formulated under s. 84.07 , Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin department of transportation, 4802 Sheboygan Avenue, Madison, WI 53705. Microsoft Windows NT 6.1.7601 Service Pack 1