31.385 Dam safety; aid program.

703 words·~3 min read·/wi/chapter-31/31-385-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1b)In this section “dam safety project” means the maintenance, repair, modification, abandonment or removal of a dam to increase its safety or any other activity that will increase the safety of a dam.

(1m)The department shall promulgate the rules necessary to administer a financial assistance program for dam safety projects under which financial assistance shall be provided as follows:

(a)To municipalities and public inland lake protection and rehabilitation districts for any type of dam safety projects.

(b)To private owners for the removal of dams.

(c)To any persons for the removal of abandoned dams.

(2)The following standards shall apply to financial assistance under this section for dam safety projects:

1. Except as provided in subd. 2. , financial assistance for a dam safety project is limited to the sum of the following:

a. No more than 50 percent of the first $400,000 of costs of the project.

b. No more than 25 percent of the costs of the project that exceed $400,000.

2. A project to remove a dam shall not be subject to the cost limits under subd. 1.

3. Financial assistance is limited to no more than $400,000 for each dam safety project.

1m. Notwithstanding par.

(a)and except as provided in subds. 2m. and 3. , beginning with financial assistance provided in the 2021-22 fiscal year, financial assistance for a dam safety project shall be awarded in the following amounts:

a. An amount equal to 50 percent of project costs for the first $1,000,000 in project costs.

b. An amount equal to 25 percent of project costs in excess of $1,000,000.

2m. A project to remove a dam shall not be subject to the cost limits under subd. 1m. a.

3. Financial assistance is limited to no more than $1,000,000 for each dam safety project.

(ag)Of the amounts appropriated under ss. 20.370

(ja)and 20.866

(tL)and

(tx), at least $250,000 shall be used for projects to remove dams. A project to remove a dam may include restoring the stream or river that was dammed.

(ar)Of the amounts appropriated under ss. 20.370

(ja)and 20.866

(tL)and

(tx), at least $100,000 shall be used for the removal of abandoned dams. The amounts required to be used under this paragraph are in addition to the amounts required to be used for the removal of dams under par.

(ag).

(b)The department shall determine which projects shall receive funding priority.

(bm)The department may provide financial assistance for an activity other than the maintenance, repair, modification, abandonment or removal of the dam only if the cost of that activity will be less than the cost of the maintenance, repair, modification or removal of the dam.

(c)No financial assistance may be provided under this section for a dam safety project unless at least one of the following applies:

1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section after having received department directives, based on the department’s investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.

2. The municipality, public inland lake protection and rehabilitation district or other person applying for state financial assistance under this section has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.

(d)The financial assistance that is provided under this section shall be paid from the appropriations under ss. 20.370

(ja)and 20.866

(tL)and

(tx), except as provided in pars.

(dm)and

(dr)and in 1991 Wisconsin Act 39 , section 9142

(10d).

(dm)Financial assistance that is provided under sub.

(7)shall be paid from the appropriation under s. 20.866

(ta)and shall be treated as moneys obligated from the subprogram under s. 23.0917

(3).

(dr)Financial assistance that is provided under sub.

(8)shall be paid from the appropriation under s. 20.370

(jq).