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61-30 Lake Protection and Rehabilitation

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CHAPTER 61-30LAKE PROTECTION AND REHABILITATION61-30-01. Definitions. In this chapter, unless the context otherwise requires, the term:1.&quot;Department&quot; means the state department of health.2.&quot;Eligible project cost&quot; means costs under construction contracts, supervision of<br>construction work; administration; materials and equipment acquired, consumed, or<br>expended specifically for the project; and preparation of construction drawings,<br>specifications, estimates, and construction contract documents.3.&quot;Lake protection and rehabilitation projects&quot; means projects which are designed to<br>reduce eutrophication of lakes through watershed or in-lake treatments, or both.4.&quot;Unit of government&quot; means political subdivisions of the state or state agencies with<br>responsibilities for public lake development and control.61-30-02.Eligibility and priority.The department shall promulgate rules fordetermining the eligibility and priority rating of lakes for protection and rehabilitation projects.<br>Criteria to be considered shall include the following:1.Severity of the problem;2.Impact on area recreation and fisheries;3.The likely effectiveness of the plan; and4.Ability of the applicant unit of government to implement the plan.The department shall, pursuant to such rules, establish a priority list of lakes eligible for<br>protection and rehabilitation.61-30-03. Grants. Grants shall be made only to units of government and only for eligiblelakes at a sum not to exceed twenty-five percent of the eligible project cost when federal funding<br>is available. No grants shall be made for studies to determine the necessity or feasibility of<br>eligible projects.61-30-04. Public access. No funds appropriated in this chapter may be used for lakeprotection and rehabilitation projects unless adequate public access to and use of the lake is<br>assured.61-30-05. Conservation district plan. No application for state funds may be acceptedunless assurance has been given in writing to the applicant by any affected soil conservation<br>district that a plan for lake protection and rehabilitation which controls and identifies pollutants<br>from point and nonpoint sources which come under the jurisdiction of the district has been<br>approved by the district.Page No. 1Document Outlinechapter 61-30 lake protection and rehabilitation