NR 50.06(1)(1)
Purpose. The purpose of this section is to establish standards for the administration of the land and water conservation fund act of 1965 (LAWCON) under ss.
20.370 (5) (cy) and
23.30 (3) (h), Stats.
NR 50.06(2)
(2) Applicability. The provisions of this section are applicable to all towns, counties, villages, cities, Indian tribes, school districts, soil and water conservation districts and state agencies participating in the LAWCON aid program.
NR 50.06(3)(a)
(a) LAWCON funds apportioned to Wisconsin each fiscal year shall be allocated as follows:
NR 50.06(3)(b)
(b) The federal cost sharing may not exceed 50 percent of the total LAWCON eligible cost of the projects, unless otherwise specified by law.
NR 50.06(3)(c)
(c) Funds allocated to local governments and state agencies but not encumbered shall remain allocated for use under this section and shall be available for use during subsequent funding cycles to the extent provided by law.
NR 50.06(4)(a)
(a) Applicants are required to submit comprehensive outdoor recreation plans which have been formally approved by resolutions passed by the local governing bodies; or applicants may qualify for eligibility if their proposed projects are identified in approved plans of other units of government. The University of Wisconsin System shall have support for its applications in department approved plans of the communities in which the schools are located. The system and the communities are required to coordinate their respective programs through the comprehensive planning process. The system shall rely on comprehensive outdoor recreation plans which have been formally approved by the local governing bodies.
NR 50.06(4)(b)
(b) Priorities in ranking are given to projects based on the following project, activity and applicant criteria:
NR 50.06(4)(b)2.
2. Activities for the general public over those for a limited group;
NR 50.06(4)(b)5.
5. Projects not having other public or private funds available to them;
NR 50.06(4)(b)9.
9. Completion of projects already started where possible, when it has been shown those projects are sound and well conceived;
NR 50.06(4)(b)11.
11. Renovation of existing facilities which are in danger of being lost for public use;
NR 50.06(4)(b)12.
12. Applicants which have not received outdoor recreation funds in the past;
NR 50.06(4)(b)13.
13. Applicants which have good performance records on prior outdoor recreational projects;
NR 50.06(4)(b)14.
14. Applicants which are financially able to adequately maintain and operate the area or facility;
NR 50.06(4)(b)15.
15. Projects which are located where the greatest number of people live and work;
NR 50.06(4)(b)16.
16. Projects which offer safe, rapid and convenient access by all types of transportation modes appropriate for that type of facility;
NR 50.06(4)(b)18.
18. To projects in which the resource would be lost for recreation use if not immediately acquired or developed;
NR 50.06(4)(b)19.
19. Projects which, in relation to their costs, provide access for the greatest number of potential users and provide the greatest opportunities for public outdoor recreation;
NR 50.06(4)(b)20.
20. Projects which meet needs and deficiencies identified in the statewide comprehensive outdoor recreation plan, or in the statewide plan and the comprehensive outdoor recreation plans of other units of government.
NR 50.06(4)(b)21.
21. Projects which provide multiple season, multiple activity use; and
NR 50.06(4)(b)22.
22. Projects which are designed to serve the recreation needs of elderly persons, minorities and disabled persons.
NR 50.06(4)(c)
(c) Sponsors shall be required to acknowledge federal (LAWCON) assistance by placement of signs approved by the department and the department of interior.
NR 50.06(4)(cm)
(cm) Fifty percent of the grant amount may be paid to a local unit of government at the time of project approval if requested.
NR 50.06 Note
Note: This applies only to grant contracts executed after March 1, 1996.
NR 50.06(4)(d)
(d) Land acquisition — eligible types of projects. Eligible types of projects for land acquisition include:
NR 50.06(4)(d)1.
1. Areas with frontage on rivers, streams, lakes, estuaries and reservoirs which will provide water based public recreation opportunities;
NR 50.06(4)(d)2.
2. Land for creating water impoundments to provide water based public outdoor recreation;
NR 50.06(4)(d)3.
3. Areas which provide special recreation opportunities, such as floodplains, wetlands and areas adjacent to scenic highways;
NR 50.06(4)(d)4.
4. Natural areas and preserves and outstanding scenic areas where the objective is to preserve the scenic or natural values, including areas of physical or biological importance and wildlife areas. These areas must be open to the general public for outdoor recreation use to the extent that the natural attributes of the areas will not be seriously impaired or lost;
NR 50.06(4)(d)5.
5. Land within urban areas for day use picnic areas, neighborhood playgrounds, play areas for small children, areas adjacent to school playgrounds, and competitive nonprofessional sports facilities;
NR 50.06(4)(e)
(e) Land development — eligible types of projects. Eligible types of projects for land development include:
NR 50.06(4)(e)1.
1. Observation and sightseeing facilities such as overlooks, turnouts and trails;
NR 50.06(4)(e)3.
3. Picnic facilities, including tables, fireplaces, shelters and paths;
NR 50.06(4)(e)4.
4. Camping facilities, including tent and trailer sites, tables and fireplaces;
NR 50.06(4)(e)5.
5. Swimming, bathing and water sports facilities, including beaches, swimming areas and swimming pools, guard towers and bathhouses;
NR 50.06(4)(e)6.
6. Fishing and hunting facilities, such as trails and fishing piers;
NR 50.06(4)(e)7.
7. Winter sports facilities, such as slopes and trails for sledding and tobogganing, cross-country ski trails, facilities for skating and snowmobiling;
NR 50.06(4)(e)8.
8. Urban recreation areas, such as neighborhood playgrounds, bicycling paths, walking or riding trails and participant sports facilities, including playing fields and tennis courts;
NR 50.06(4)(e)9.
9. Supporting facilities, including entrance and circulation roads, utility and sanitation systems, erosion control work, parking areas, toilet buildings and interpretive facilities where there is a permanent professional naturalist staff and the facilities are on the land being used for nature interpretation;
NR 50.06(4)(e)10.
10. Renovation or redevelopment of existing facilities or areas when the facilities or areas have received adequate and regular maintenance, yet have deteriorated to the point where their usefulness is impaired, or have become outmoded. Renovation or redevelopment may be undertaken to rebuild the facilities or areas into more useful forms;
NR 50.06(4)(e)11.
11. Beautification of areas may be undertaken provided that the beautification is not regular maintenance and that the site's condition is not due to inadequate maintenance. Beautification may include landscaping to provide a more attractive environment, cleaning and restoration of areas which have been exploited, polluted, littered, etc., and screening, removal, relocation or burial of overhead wires;
NR 50.06(4)(e)12.
12. Playgrounds and recreation areas on public school grounds, provided that such recreation grounds and facilities being developed are in excess of those normally provided to meet minimum education requirements. In determining the eligibility of a project, a statement or schedule of the time the facility will be available to the public is required;
NR 50.06(4)(e)13.
13. Open shelters and multipurpose shelter buildings which support an outdoor recreation activity.
NR 50.06(4)(e)14.
14. Fences for the protection of park users, tennis court fences and ballfield fencing;
NR 50.06(4)(e)15.
15. Lighting for tennis courts, hockey rinks, games courts, ball fields, sports fields, multipurpose courts and safety lighting; and
NR 50.06(4)(f)
(f) Development, acquisition or acquisition and development projects which generally will not be assisted include;
NR 50.06(4)(f)1.
1. Acquisition, restoration or preservation of historic structures;
NR 50.06(4)(f)2.
2. Development of areas and facilities to be used primarily for semiprofessional and professional arts and athletics;
NR 50.06(4)(f)3.
3. Acquisition of areas for and development of amusement facilities such as merry-go-rounds, ferris wheels, children's railroads, exhibit type developments, convention facilities and commemorative exhibits, or the construction of facilities, including their furnishings, that are only marginally related to outdoor recreation such as professional type outdoor theaters;
NR 50.06(4)(f)5.
5. Development of areas and facilities to be used solely for game refuges or fish production purposes unless they are open to the public for general compatible recreation use, or if they directly serve priority public outdoor recreation needs identified in the state plan;
NR 50.06(4)(f)6.
6. Construction of lodges, motels, luxury cabins, or similar elaborate facilities;
NR 50.06(4)(f)7.
7. Development projects in new or previously undeveloped recreation areas which consist solely of support facilities, unless it is clearly indicated that such facilities are required for proper and safe recreational use of the area; and
NR 50.06(5)
(5) In addition to conditions listed in sub. (4), the general provisions of s.
NR 50.05 also apply.
NR 50.06(6)(a)
(a) Applicants for local LAWCON monies shall submit applications on the prescribed department form to the appropriate district office by May 1 of each year.
NR 50.06(6)(b)
(b) The department shall evaluate completed applications utilizing a project rating sheet to determine which applications shall be approved.
NR 50.06 Note
Note: Section
NR 50.06 requires 2 new forms: a preapplication and a project rating sheet.
NR 50.06 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75; am. (2), cr. (6) (e),
Register, March, 1976, No. 243, eff. 4-1-76; r. and recr.
Register, October, 1978, No. 274, eff. 11-1-78; r. and recr.
Register, May, 1983, No. 329, eff. 6-1-83; am. (1), (2), (3) (a) 2., (4) (a), (d), (e) and (f), r. and recr. (3) (b) and (c), (4) (b) and (6),
Register, April, 1984, No. 340, eff. 5-1-84; am. (6) (a),
Register, April, 1989, No. 400, eff. 5-1-89; am. (6) (a),
Register, October, 1990, No. 418, eff. 11-1-90; am. (3) (a) 1. and 2., (c), (4) (b) 12., 13. and 22., (e) 13., (6) (a), r. (3) (a) 3., (4) (e) 15., (6) (b) and (d), cr. (4) (cm), renum. (4) (e) 16. and 17., (6) (c) to be (4) (e) 15. and 16., (6) (b) and am. (6) (b),
Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1999, No. 528;
2015 Wis. Act 330 s.
20: am. (4) (a)
Register April 2016 No. 724, eff. 5-1-16.
NR 50.09
NR 50.09
County snowmobile aids. NR 50.09(1)(1)
Purpose. The purpose of this section is to establish standards for the implementation of the snowmobile aids program under ss.
23.09 (11) and
(26) and
350.12 (4), Stats.
NR 50.09(2)
(2) Applicability. The provisions of this section are applicable to all counties participating in the snowmobile aids program.
NR 50.09(3)
(3) Distribution of funds. The distribution of funds according to priority ranked purposes is specified in s.
23.09 (26) (c), Stats. Should funds not be sufficient to satisfy the total request for either maintenance or acquisition, the funds remaining to satisfy that priority ranked purpose shall be distributed on a proportional basis.
NR 50.09(4)(a)1.1. Counties not previously participating in the snowmobile aids program and desiring to sponsor public snowmobile trails are required to have a comprehensive snowmobile plan approved by the county board of supervisors and the department.
NR 50.09(4)(a)2.
2. Counties that have previously met the comprehensive snowmobile plan requirement are required to maintain a current trail system map that describes trail locations, trail classifications and existing trail mileage by classification.
NR 50.09(4)(b)1.1. The value of an easement, lease, permit or other agreement for a period of less than 3 years is an eligible cost of maintenance under s.
350.12 (4) (be), Stats.
NR 50.09(4)(b)2.
2. The value of an easement, lease, permit or other agreement entered into by a project sponsor and the owner of land, including for bridge construction or rehabilitation, is an eligible cost of development under s.
350.12 (4) (bc), Stats. The length of any easement, lease, permit or other agreement for the placement on private land of a bridge that is either constructed or rehabilitated with funds under this chapter shall be for a period of at least 3 years if the total cost of the bridge is more than $3,000, per s.
23.09 (26) (am) (1), Stats.
NR 50.09 Note
Note: The Governor's Snowmobile Trail Council will, at one of its duly-noticed meetings, consider public comment, develop criteria for easements, leases, or permits, and recommend these criteria to the department, including minimum year lease requirements beyond the required 3 year lease for bridge projects costing more than $50,000. The Council may meet with the Off Road Vehicle Advisory Council to develop joint recommendations for easement criteria for joint snowmobile and ATV trails to the department. See online materials at
http://dnr.wi.gov/Aid/Meetings.html. Click on tab Snowmobile recreation.
NR 50.09(4)(b)3.
3. The value of either a short term or long term easement, lease, permit or other agreement may be based on the rental rate of land. The value may be one percent per month of equalized or assessed valuation. An annual fee of 10 cents per rod may be paid if the assessed valuation procedure is not used.
