NR 47.85(1)(a)(a) Grants under the program shall be used to prepare management plans or manage the following lands under an approved landowner forest stewardship plan:
NR 47.85(1)(a)1.
1. All of the nonindustrial private forest land with existing tree cover within a contiguous tract.
NR 47.85(1)(a)2.
2. Other nonindustrial private forest land within the same contiguous tract which is identified by the landowner and approved by the department as suitable for the approved program practice scheduled.
NR 47.85(1)(a)3.
3. Other contiguous related lands included in the forest stewardship plan, such as water, streams and stream corridors, wetlands, marshes, savannas, barrens and prairies.
NR 47.85(1)(b)
(b) To be eligible for a grant under this program, one or more eligible practices shall be identified in the forest stewardship plan, except that a grant may be awarded for the development of a forest stewardship plan.
NR 47.85 Note
Note: See s.
NR 47.86 for eligible practices.
NR 47.85(1)(c)
(c) Eligible costs are all those associated with the preparation or installation of a specific practice as approved by the state forester.
NR 47.85(2)(a)(a) No person may use grant funds under this subchapter for any of the following:
NR 47.85(2)(a)1.
1. Costs incurred before an application for grant assistance is approved.
NR 47.85(2)(a)2.
2. The implementation of any practice already required by law, rule, regulation or other authority, except for those practices required in the managed forest law program under ch.
77, Stats.
NR 47.85(2)(a)3.
3. Repairs or normal upkeep or maintenance of any practice, except those necessary to ensure seedling or shrub survival, restore prairies, barrens or savannas, control invasive species or other instances where several years of practice implementation are necessary to properly establish a practice, as determined by the department.
NR 47.85(2)(a)5.
5. Practices not approved by the department in writing, or changes to a previously approved practice, unless authorized by the department in writing.
NR 47.85(2)(b)
(b) Except as authorized by the department, grant assistance may not be paid for repeating practices on the same site by the same landowner which have been implemented under the forestry incentives program or any other federal, state or local government programs, except where the practices are repeated due to a failure of a prior practice without fault of the landowner.
NR 47.85 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99;
CR 02-074: cr. (2) (a) 4. and 5.
Register November 2002 No. 563, eff. 12-1-02; emerg. am. (2) (a) 2., eff. 10-4-05;
CR 05-087: am. (2) (a) 2.
Register May 2006 No. 605, eff. 6-1-06.
NR 47.86(1)(a)(a) A
matching
grant provided
through s.
20.370 (5) (av), Stats.,
or other state
funds
may
not be
more
than 75%
of the actual
eligible costs
depending
on availability
of funds.
If a federal
o
r nonprofit
organization
grant agree
ment provides
for cost-share
li
mitations
different
from those
specified
in this subsection,
the cost-share
rate from funds
provided
through
the federal
or nonprofit
organization
grant agree
ment
may
appl
y.
NR 47.86(1)(b)
(b) An annual
grant under
the
program
may
not
exceed
$10,000 or be less than
$100 for any
individual,
person,
or project.
NR 47.86(2)(a)(a) In selecting practices for grant assistance, the department shall give preference to projects which are directed to accomplish one or more of the following; these are not listed in order of priority:
NR 47.86(2)(a)1.
1. Establish or reestablish forests through various methods of regeneration, including planting, direct seeding or natural regeneration.
NR 47.86(2)(a)2.
2. Improve forest stand productivity, stand vigor, forest health, and the value and quality of wood products.
NR 47.86(2)(a)5.
5. Include additional land under written forest stewardship management plans.
NR 47.86(2)(a)6.
6. Provide protection and enhancement of riparian area and wetlands.
NR 47.86(2)(a)7.
7. Provide protection and enhancement of terrestrial wildlife habitat.
NR 47.86(2)(a)8.
8. Provide endangered, threatened or rare species habitat enhancement and natural community habitat maintenance and enhancement.
NR 47.86(3)(a)(a) Application
deadlines
are as follow
s unless
otherwise
provided
on
the application,
and are contingent
upon availabili
ty
of funds: M
ay
1 and
August
1. State
funds
for this program other
than
those
provided
through
s.
20.370 (5) (av), Stats.,
federal
funds
awarded
pursuant
to a federal
grant
agree
ment
and
nonprofit organization
funds awarded
pursuant
to a nonprofit
organization
grant agree
ment
may
speci
fy other
application
deadlines.
NR 47.86 Note
Note: Applications can be obtained from the local department of natural resources forester or from the State Forester, P.O. 7921, Madison, WI 53707-7921.
NR 47.86(3)(b)
(b) The department shall make basic eligibility determinations, including whether the applicant meets nonindustrial private forest land ownership criteria and minimum and maximum acreage criteria.
NR 47.86(3)(c)1.1. Annuall
y,
the depart
ment
may
designate
a percentage
of the total annual
funds
for any
of the following:
NR 47.86(3)(c)1.a.
a. A statewide
forestry
e
mergenc
y,
as designated
by
the chief state forester.
A statewide forestry
e
mergency
includes,
but is li
mited
to natural
and
man-
made
events which
cause
large areas
of forest
mortali
ty
due to wind,
ice, hail,
flooding,
forest
fires,
forest
insect,
or disease.
NR 47.86(3)(c)2.
2. If funds
are available
following
distribution
under
subd.
1. a. and
b.,
the
funds
may
be distributed
on a first-co
me-first-serve
basis
to a
ny
approved
applications
awaiting
funding.
NR 47.86(3)(d)
(d) Applications not able to be funded during one application period will be held until the subsequent application period unless the landowner requests the application be canceled.
NR 47.86(3)(e)
(e) The department shall review applications to determine practice eligibility, based on the following:
NR 47.86(3)(e)1.
1. Consistency with a department approved landowner forest stewardship plan unless the applicant is applying for a grant to develop one.
NR 47.86(3)(e)4.
4. The practice cost is determined to be at least $200 or more.
NR 47.86(3)(e)5.
5. Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the landowner.
NR 47.86(3)(e)6.
6. Upon approval of a practice, the department shall prepare a practice outline that identifies the needed technical practices, specifications, and approximate time frames for the implementation of the practice, to achieve the objectives of the practice. The outline shall be attached to and become part of the landowner forest stewardship plan and shall be effective for the duration of the practice. The requirements in the practice outline shall constitute the basis for determining acceptable performance upon practice completion.
NR 47.86(3)(e)7.
7. Upon approval of a practice, the landowner shall be notified in writing by the department or its agent. The notice shall state that the landowner can begin implementing the approved practice.
NR 47.86(3)(e)8.
8. Within
8 weeks
of the end of the batching
period,
the depart
ment
shall noti
fy
the landowner
as to the status of his or her application.
NR 47.86 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99;
CR 02-074: am. (1) (a), (3) (a), (c), (e) 1. and 4.
Register November 2002 No. 563, eff. 12-1-02; emerg. am. (3) (a), r. and recr. (3) (c) 2. and 3., eff. 10-4-05;
CR 05-087: am. (3) (a), r. and recr. (3) (c) 2. and 3.
Register May 2006 No. 605, eff. 6-1-06;
CR 12-029: am. (1), (3) (a), r. and recr. (3) (c), am. (3) (e) 8.
Register June 2013 No. 690, eff. 7-1-13.
NR 47.87
NR 47.87 Payment to landowners. NR 47.87(1)(1)
A landowner
shall co
mplete
each
practice
within 24
months
of approval. However,
if a practice
is not co
mpleted
in 24
months
due to conditions
be
yond
the landowner's control,
the depart
ment
may
grant
an extension.
NR 47.87(2)
(2) Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the department or its agent.
NR 47.87(3)
(3) A practice
may
consist
of one or
more
co
mponent
activities.
A landowner
may
receive partial
p
ayment
for co
mpleted
co
mponents,
with approval
of the depart
ment
forester,
on the condition
that
the landowner
agrees
to co
mplete
the re
maining
co
mponents
of
the practice
within the
ti
me
period
specified
by the depart
ment,
not
to exceed 24
months
following
approval
to i
mple
ment
the practice,
unless
an extension
is justified
as provided
in sub.
(1).
NR 47.87(4)
(4) Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner's control, the department may approve grant payment under one of the following conditions:
NR 47.87(4)(a)
(a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or
NR 47.87(4)(b)
(b) The landowner establishes to the satisfaction of the department that the following have been met:
NR 47.87(4)(b)1.
1. A reasonable effort was made to meet the minimum requirements.
NR 47.87(4)(b)2.
2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.
NR 47.87(5)
(5) Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner's control, the department shall require that trees be re-established and shall approve grant assistance for the activity.
NR 47.87(7)
(7) To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the state forester.
NR 47.87(8)
(8) Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the department for payments on the practices. The state forester may discount the reimbursement owed the department by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the department shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.
NR 47.87(9)
(9) No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.
NR 47.87 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99; emerg. r. (9), renum. (10) to be (9), eff. 10-4-05;
CR 05-087: r. (9), renum. (10) to be (9)
Register May 2006 No. 605, eff. 6-1-06;
CR 12-029: am. (1), (3), r. (6)
Register June 2013 No. 690, eff. 7-1-13.
NR 47.88
NR 47.88 Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.
NR 47.88 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.89(1)(1)
If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.
NR 47.89(2)
(2) If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.
NR 47.89(3)
(3) Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.89 History
History: Cr.
Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.895
NR 47.895 Funding. Funding for grants under these rules includes:
NR 47.895(1)
(1) Funds appropriated for the grant program established under s.
26.38, Stats.
NR 47.895(2)
(2) Other
state, federal,
or nonprofit
organization
funds
appropriated
for the purpose
of encouraging
private
forest
landowners
to
manage
lands
in a
manner
that benefits
this state's
forest
and related
resour
ces
and the people
of the state,
provided
the practice
or practices identified
for the
funding
are consistent
with a
ny
identified
in this subchapter
as eligible
for funding.
NR 47.895(3)
(3) Other
state, federal,
or nonprofit
organization
funds
distributed
through
this subchapter
shall
be distributed
to practices
or projects
consistent
with
the appropriation.
NR 47.895 History
History: CR 02-074: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 12-029: am. (2), (3)
Register June 2013 No. 690, eff. 7-1-13.
NR 47.90
NR 47.90 Purpose. The purpose of this subchapter is to implement and administer forest fire protection grants to municipal fire departments and other fire suppression organizations, as authorized under s.
26.145, Stats. The purpose of the grant funding is to expand the use of local fire departments to augment and strengthen the department's overall initial attack fire suppression capabilities on forest fires.
NR 47.90 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.901
NR 47.901 Applicability. The provisions of this subchapter are applicable to certain municipalities and not-for-profit organizations of the state who apply for forest fire protection grants under this subchapter.
NR 47.901 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.902
NR 47.902 Definitions. In this subchapter:
NR 47.902(1)
(1) “Applicant" means the Wisconsin municipality, fire department or fire suppression organization that submits an application for grants under this subchapter.
NR 47.902(3)
(3) “Fire suppression organization" means a not-for-profit organization whose primary purpose and activities support fire protection or suppression and that represents a majority of fire departments in a county or region that serve forest fire control areas established in ss.
NR 30.01 and
30.02.
NR 47.902(4)
(4) “Grantee" means the recipient of a grant under this subchapter.
NR 47.902(5)
(5) “Municipality" means a Wisconsin city, village, town or county.
