Subchapter XV — Acquisition of Development Rights
NR 51.944 General provisions.
NR 51.946 Factors that shall be considered in project selection.
Subchapter XVI — Grants from the Heritage Fund
NR 51.952 Eligible and ineligible projects.
NR 51.954 Application, local match, and grant award procedures.
NR 51.955 Records Retention.
Subchapter XVII — County Forest Grants
NR 51.960 Purpose and applicability.
NR 51.962 Eligible applicants, eligible and ineligible projects, and matching funds.
NR 51.963 Memorandum of agreement.
NR 51.964 Program criteria, application ranking, and funding availability.
NR 51.965 Eligible and ineligible costs.
NR 51.966 Application content and application deadline.
NR 51.967 Application reviews, appraisals, legislative review, and calculating grant award.
NR 51.968 Grant contract, contract conditions, contract violations, and project signage.
NR 51.969 Grant payments.
Subchapter XVIII — Grants to Counties Assisting the Department
NR 51.970 Purpose and applicability.
NR 51.972 Eligible grantees.
NR 51.973 Eligible and ineligible projects.
NR 51.974 Eligible and ineligible costs.
NR 51.975 Project data and matching funds.
NR 51.976 Grant contract and contract violations.
NR 51.977 Grant payments.
Subchapter XIX —Grants for Recreational Boating Aids
NR 51.983 Eligible applicants.
NR 51.984 Eligible and ineligible projects.
NR 51.985 General provisions.
NR 51.986 Grant application content and matching funds.
NR 51.001
NR 51.001
Purpose. The purpose of this chapter is to implement and administer the stewardship program.
NR 51.001 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90.
NR 51.002
NR 51.002
Definitions. In this chapter:
NR 51.002(1)
(1) “Acquisition cost" means the fair market value of the property as determined by department appraisal guidelines, except as provided in s.
23.0917 (7) (b) to
(d), Stats., and reasonable costs related to the purchase of the property. These costs are limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, initial posting of signage consistent with s.
23.09165 (3), Stats., with cost share not to exceed $1,000, attorney fees for department required reviews with cost share not to exceed $1,000, historical, cultural, and environmental analyses required by the department completed through contract by professional consultants. “Acquisition cost" does not include environmental clean-up costs, brokerage fees paid by the buyer, and real estate transfer taxes.
NR 51.002(2)
(2) “Acquisition project" means one or more parcels of land that are contiguous or in close proximity which include features or outdoor recreational opportunities that are eligible for grants in this chapter.
NR 51.002(2m)
(2m) “Assignment" means the transfer of all rights and interests in property, and all obligations under a stewardship grant contract to another nonprofit conservation organization or governmental unit eligible for a grant under this chapter, or an agency of this state or of the U.S. government.
NR 51.002(3)
(3) “Baseline document" means an inventory of the features of a property including reports, maps, photographs and other materials that provides an accurate representation of the property at the time an easement funded with a stewardship grant is executed. The baseline document is intended to serve as an objective information baseline for monitoring compliance with the terms of the easement.
NR 51.002 Note
Note: For information on creating a baseline document, contact Gathering Waters Conservancy, a nonprofit conservation organization that provides technical assistance on easements, 211 S. Paterson St., Suite 180, Madison, WI 53703, or the DNR Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707.
NR 51.002(3m)
(3m) “Comprehensive outdoor recreation plan" or “CORP" means the document prepared and adopted by governmental units that summarize planning efforts for recreation, open space preservation, and resource protection. A “CORP" may include goals for acquisition, preservation, and development as well as specific park plans, facility plans, funding requests, and implementation plans for development projects.
NR 51.002 Note
Note: These plans typically cover 5 years.
NR 51.002(4)
(4) “Conservation organization" means a nonprofit corporation formed under ch.
181, Stats., that meets all of the following conditions:
NR 51.002(4)(a)
(a) One of the purposes of the organization is to protect, enhance, or restore the state's natural resources for the benefit of the general public.
NR 51.002(5)
(5) “Cooperative agreement" means an agreement between a conservation organization and nonprofit organization under s.
23.197 (4) (b), Stats., setting forth the obligations of each.
NR 51.002(5r)
(5r) “Dedicated match" means sponsor match that is dedicated or restricted by the donor or funding source to be used exclusively for a particular parcel.
NR 51.002(6)
(6) “Department" means the department of natural resources.
NR 51.002(6d)
(6d) “Department appraisal guidelines" means the department procedures by which contracted appraisers are required to assess the fair market value of a property where the title is to be acquired in fee simple or easement with funds under this chapter.
NR 51.002 Note
Note: A copy of the department appraisal guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.002(7)
(7) “Development project" means the construction, renovation, or modification of structures, utilities, facilities, landscaping, or restoration or enhancement of natural communities and other department-approved improvements for the purposes of nature-based outdoor recreation.
NR 51.002(7d)
(7d) “Development rights" means the rights of a landowner to develop their property as allowed under state and local laws and ordinances.
NR 51.002(8m)
(8m) “Fair market value" means the dollar value assigned to a property by a department-approved appraisal conducted in accordance with department appraisal guidelines for grants issued under this chapter.
NR 51.002(9)
(9) “Fiscal year" means the period beginning on July 1 of one year and ending on June 30 of the following calendar year.
NR 51.002(10)
(10) “Fringe benefits" means an employer's costs for an employee's social security, life and health insurance, unemployment insurance, worker's compensation insurance, retirement and authorized absences such as annual, sick, court or military leave. These costs must be equitably distributed to all employee labor activities.
NR 51.002(11)
(11) “Governmental unit" means a town, village, city, county, tribe, or the Kickapoo reserve management board.
NR 51.002(12)
(12) “Grant agreement" means an unrecorded contract between a sponsor and the department setting forth the obligations of each.
NR 51.002(13)
(13) “Grant contract" means a recorded contract between a sponsor and the department setting forth the obligations of each party.
NR 51.002(13m)
(13m) “Habitat area" or “HA" means a project that addresses the important habitat needs of wildlife in the state as specified in s.
NR 51.45 (1) (a).
NR 51.002(14)
(14) “Habitat restoration project" means the implementation of a specific activity or set of activities to restore or enhance wildlife or fish habitat, natural communities or shorelines.
NR 51.002(15)
(15) “Indirect costs" are those ordinary operating expenses of the sponsor not directly related to a specific stewardship project.
NR 51.002 Note
Note: Indirect costs are generally administrative in nature, and are typically incurred for multiple purposes. Examples of indirect costs include, but are not limited to, utilities, administrative salaries, postage and other expenses that are not supported by time reports or other documentation that identifies the expenditure as directly assignable to a stewardship project.
NR 51.002(16)
(16) “IRS" means the United States internal revenue service.
NR 51.002(17)
(17) “Land management plan" means a plan approved by the department detailing how property acquired by a nonprofit conservation organization or a conservation organization with grants under this chapter shall be managed, maintained, and used by the public.
NR 51.002(17d)
(17d) “Land management practice" means a practice, technique or measure approved by the department that is determined to be an effective, practicable means of protecting, restoring or enhancing wildlife or fish habitat.
NR 51.002(17m)
(17m) “Landowner" means any individual, partnership, corporation, city, village, town, county, tribe, nonprofit organization, taxing authority or other person holding title to the land by title in fee simple.
NR 51.002(18)
(18) “Middle kettle moraine" means a corridor of land in southeastern Wisconsin between the northern and southern units of the Kettle Moraine state forest that is within the kettle interlobate moraine physiographic or geologic region. This corridor includes a northeast-to-southwest diagonal set of linear features composed of sand and gravel from 2 glacial lobes. It is characterized by distinctive glacially-formed features including kettle holes, kames, eskers, crevasse fills and glacial spillways. The corridor includes natural areas, wildlife habitat, aquatic systems, environmental corridors, outdoor recreation areas and connecting trails.
NR 51.002 Note
Note: Information pertaining to the location of the kettle interlobate moraine physiographic region may be found in A Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin, page 84, by the Southeastern Wisconsin Regional Planning Commission, or The Quaternary Geology of Ozaukee and Washington Counties, Wisconsin, Bulletin 19, pages 17-18 by the Wisconsin Geological and Natural History Survey. These publications are available from the Southeastern Wisconsin Regional Planning Commission, W239 N1812 Rockwood Drive, Box 1607, Waukesha, Wisconsin 53187.
NR 51.002(19)
(19) “Nature-based outdoor recreation" means activities where the primary focus or purpose is the appreciation or enjoyment of nature. These activities may include but are not limited to hiking, bicycling, wildlife or nature observation, camping, nature study, fishing, hunting, trapping, public shooting range, boating, picnicking, cross-country skiing, canoeing, and multi-use trail activities. Eligible support facilities for these activities may include but are not limited to access roads, parking areas
, utility and sanitation systems, sanitary and shelter building, signs, interpretive items, and other features that enhance nature-based outdoor recreation or improved disabled accessibility. Playgrounds and playground facilities that supplement the appreciation of nature, occupy a minor portion of the grant property, and do not distract from the primary purpose of the grant project may be considered an eligible support facility. Ineligible activities include but are not limited to sports that require extensively developed open space such as dedicated sports fields, swimming pools and tennis courts.
NR 51.002(20)
(20) “Natural heritage inventory database" means a database containing the location and biological status of each natural community and rare species that has been inventoried and evaluated by the natural heritage inventory program.
NR 51.002(21)
(21) “Nonprofit conservation organization" has the meaning in s.
23.0955 (1), Stats., and whose bylaws, charter or incorporation papers reflect as a purpose of the organization the acquisition of property for conservation purposes.
