NR 51.002(31)
(31) “Sustainable technology" means technologies that reduce the dependence or fossil fuels and conserve water.
NR 51.002(32)
(32) “Tribe" means a federally recognized tribe or band of tribe in this state.
NR 51.002 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26), eff. 9-1-00;
CR 00-135: am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26),
Register July 2001, No. 547 eff. 8-1-01; correction in (5m) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2005 No. 592;
CR 10-127: am. (1), (3), (4) (a), (7), (9), (11), (13), (17), (19), (24), (27), (28), (30), cr. (2m), (3m), (5r), (6d), (7d), (8m), (13m), (26e), (26m), (26s), (29m), (31), (32), (17d), (17m) renum. from 51.42 (4), (5) and am.
Register February 2012 No. 674, eff. 3-1-12;
CR 13-022: am. (1)
Register March 2014 No. 699, eff. 4-1-14.
NR 51.003
NR 51.003
Variances. The department may approve in writing a variance from a requirement of this chapter if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best interest of the stewardship program. Before approving a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the sponsor, financial hardship and landowner demands. The department may seek the advice of the stewardship advisory council before issuing a variance. The department may not grant variances from statutory requirements.
NR 51.003 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.004
NR 51.004
Grants to conservation organizations. NR 51.004(1)(1)
Under s.
23.197 (4), Stats., the department may award one stewardship grant per group to conservation organizations that have entered into a cooperative agreement with a nonprofit organization to apply for the grant. The cooperative agreement shall be on a form approved by the department.
NR 51.004(2)
(2) Stewardship grants to conservation organizations shall be for up to 50 percent of eligible project costs. A grant shall be at least $2,500 and may not exceed $20,000, which may be paid in multiple installments during the duration of the stewardship program under s.
23.197 (4), Stats.
NR 51.004(3)
(3) The stewardship grant may be used for habitat restoration projects under s.
NR 51.46 or for property acquisition for the purposes described in s.
NR 51.05, except that conservation organizations may not receive grants for the Baraboo hills under subch.
X or bluff protection under subch.
IV.
NR 51.004(4)
(4) A conservation organization and nonprofit organization that enter into a cooperative agreement to apply for a stewardship grant shall also enter into a grant contract with the department if a grant is awarded. The grant contract shall contain restrictions and conditions on the use of stewardship grant funds and on any property acquired with those funds.
NR 51.004(5)
(5) Title to property acquired with a stewardship grant awarded to a conservation organization shall vest in the nonprofit organization. If the nonprofit organization or conservation organization violates any essential provision of the grant contract, as described in s.
NR 51.07 (3), title to the land shall vest in the state.
NR 51.004(6)
(6) Conservation organizations applying for grants for property acquisition shall meet all the requirements of this chapter. The department shall evaluate the property according to the eligibility criteria and priorities in ss.
NR 51.05 and
51.06.
NR 51.004(7)
(7) The department shall evaluate applications for grants for habitat restoration projects according to the standards in s.
NR 51.46.
NR 51.004(8)
(8) The department may delegate to a nonprofit organization receiving the grant under s.
23.0956, Stats., administration of stewardship grants to conservation organizations, as set forth in s.
23.197 (4), Stats.
NR 51.004 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (6)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.005
NR 51.005
General requirements for all grants. NR 51.005(1)(1)
The sponsor shall remit to the department that percentage of all revenues from the sale of any structures, improvements, or personal property that were included in the appraisal and subsequent acquisition cost equal to the percentage of cost-sharing received under this chapter.
NR 51.005(2)
(2) Income accruing to property receiving a grant under this chapter shall be used to further the objectives of the project as stated in the grant contract unless the department authorizes the income to be used to further the objectives of another stewardship project or the property is entered into the county forest law program under s.
28.11, Stats. If the property is entered into the county forest law program, income derived from the property shall be distributed according to s.
28.11, Stats.
NR 51.005(3)
(3) The sponsor may charge reasonable entrance, service or user's fees to defray operation and maintenance costs. Such costs shall be approved by the department. Fees for hunting permits shall be consistent with s.
23.09165 (3) (h), Stats. This subsection shall not apply to subchapter XVII.
NR 51.005(4)
(4) Sponsors shall comply with applicable state and federal regulations including bidding and awarding contracts, land acquisition, relocation, wage and labor rates, general and special zoning, land use permit requirements, access for persons with disabilities, flood disaster protection, environmental quality, and historical and archaeological preservation.
NR 51.005(5)
(5) A sponsor shall agree to comply with program requirements under this chapter for a property purchased or developed with a stewardship grant in perpetuity. Unless otherwise noted in the grant agreement or contract, a sponsor shall be responsible for operation and maintenance of any property or facility for which stewardship funds have been issued.
NR 51.005(6)
(6) Property transactions shall be subject to ss.
32.19 to
32.27, Stats., and relocation assistance shall be subject to ch.
Adm 92.
NR 51.005 Note
Note: The following information is from ch.
Adm 92. Under s.
Adm 92.01 (14), “an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power" is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property. Under s.
Adm 92.01 (14) (b) 4., a “tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project" but who can remain permanently on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move. Under s.
Adm 92.01 (33), relocation assistance shall apply to all stewardship grants where the total of stewardship grants and all other public financial assistance or direct government acquisition costs in a project are at least $25,000 for a project with total costs of less than $50,000; or at least 50 percent in a project having total costs of $50,000 or more.
NR 51.005(7)
(7) Sponsors may not discriminate against any person in the use and enjoyment of the property on the basis of age, race, creed, color, handicap, marital status, conviction record, arrest record, gender, national origin, ancestry, sexual orientation or military status.
NR 51.005(8)
(8) Negotiations between the sponsor and landowner shall be conducted on a willing seller - willing buyer basis. The department may require the sponsor to inform the landowner in writing that the sponsor may apply for a stewardship grant.
NR 51.005(9)
(9) The department shall have access to land acquired or developed with a stewardship grant in order to monitor compliance with the grant contract or carry out any management activity necessary to ensure the public's rights and safety. The department may require project sponsors to conduct self-inspections of these properties and periodically submit reports to the department.
NR 51.005(10)
(10) With prior written approval of the department, the sponsor may transfer the property acquired under this chapter to a third party that is not a creditor of the organization and that is eligible to receive a grant under this chapter, or is an agency of the state of Wisconsin or U.S. government. Department approval of the transfer is not valid until the assignment is signed by the department and recorded in the appropriate county register of deeds office. Except as provided in s.
NR 51.968 (2) (b), transfers of property shall include all of the following conditions:
NR 51.005(10)(a)
(a) All conditions and restrictions, including public uses, imposed by the grant contract and land management plan shall run with the property.
NR 51.005(10)(b)
(b) Any subsequent owners shall execute an assignment that states that the new owners have received and reviewed the grant contract and land management plan and shall abide by their provisions.
NR 51.005(11)
(11) The department may choose to accept a transfer of property acquired under this chapter.
NR 51.005(12)
(12) If required by s.
23.0917 (6m) (c), Stats., grants awarded under this chapter shall be reviewed by the joint committee on finance of the state legislature.
NR 51.005(12m)
(12m) The department shall report to the natural resources board on all grant applications that require review by the joint committee on finance of the state legislature as required by s.
23.0917 (6m) (c), Stats.
NR 51.005(13)
(13) A sponsor that violates the terms of the grant contract may not be eligible to apply for future grants under this chapter until the department determines that the violation is corrected and that the sponsor is once again operating in accordance with the terms of the grant contract.
NR 51.005 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12; correction in (6) made under s.
13.92 (4) (b) 7., Stats.
NR 51.006
NR 51.006
Requirements for land acquisition projects. NR 51.006(1)(1)
Grant cost share. Except for grants issued under ss.
23.0917 (4m) (i) and
(j), and
23.096 (2m), Stats., the department shall award grants for up to 50 percent of the acquisition cost. The remainder of the acquisition cost shall come from sponsor match. The sponsor shall indicate all known sources of sponsor match when the grant application is submitted to the department, and dedicated match shall be specifically identified.
NR 51.006(2)
(2) Acquisition cost calculation. The acquisition cost of donated and acquired property is either the fair market value and other costs approved by the department according to s.
NR 51.002 (1), or may be the owner's purchase price plus the annual adjustment increase, as specified in s.
23.0917 (7) (b),
(c), or
(d), Stats., when the seller has owned the property for less than three years.
NR 51.006 Note
Note: A copy of department appraisal guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.006(3)
(3) Property used as a portion of sponsor match. NR 51.006(3)(a)(a) With approval of the department, the sponsor may use up to 50 percent of the fair market value of a donated property or of a property purchased with other than state funds as all or part of sponsor match, but only to the extent that stewardship grant assistance is needed to acquire the subject parcel, and if the donated property is acquired by the sponsor within 3 years of the date that the subject parcel is to be acquired.
NR 51.006(3)(b)
(b) The amount that may be used for sponsor match shall equal the fair market value or the amount of money needed by the sponsor for the purchase, whichever is less. The grant payment may not exceed the amount of money actually needed for the purchase.
NR 51.006(3)(c)
(c) Donations of property are eligible as sponsor match only if the match property is eligible for the same stewardship grant program as the property being acquired. The match property shall be encumbered in perpetuity by the conditions and restrictions of that stewardship program purpose.
NR 51.006(3)(d)
(d) If approved by the department, any residual value from an approved property match that is not utilized as sponsor match for a grant application may be used for sponsor match in subsequent grant applications. The sponsor has 36 months following the date that the department issued the original grant under this chapter to submit future applications that will use the residual value. This paragraph shall not apply to subchapter XVII.
NR 51.006 Note
Note: For example: A sponsor wishes to buy Parcel A with a fair market value of $14,000, but a purchase price of only $10,000. Parcel B, with fair market value of $20,000, has been donated to the sponsor by another landowner and the sponsor uses Parcel B as its sponsor match for grant purposes. When grant funding is provided by the department, both Parcels A and B become part of the program. The total value of both Parcel A and Parcel B is $14,000 + $20,000 = $34,000. A grant under this chapter will normally not exceed 50 percent of the total project costs, or 50 percent x $34,000 = $17,000. However, because it only cost the sponsor $10,000 to purchase Parcel A, a grant award of $17,000 would result in profit for the sponsor. Therefore, the grant award to the sponsor can only be $10,000. The remaining $7,000 in value may be used as match by the sponsor for a subsequent application within 36 months of the date the Department issues the grant contract for both Parcels A and B.
NR 51.006(3)(e)
(e) Property acquired through a lawfully required subdivision parkland dedication or through condemnation is not eligible to be used as sponsor match.
NR 51.006(4)
(4) Signage. Sponsors shall acknowledge the state's assistance in acquiring fee title or easement ownership of a property, and provide notice of public access with content that meets the requirements in s.
23.09165 (3), Stats., by placement of signs or in any other manner approved by the department. The department may provide one-time cost-sharing to eligible project sponsors for signage consistent with the requirements of s.
23.09165 (3), Stats., with cost-share not to exceed $1,000, even if property being signed was purchased in part with a Stewardship grant before March 1, 2012.
NR 51.006(5)
(5) Public access. As a condition of the grant contract, a sponsor acquiring property through title in fee simple with a grant under this subchapter shall ensure that the property is available for public access as provided in s.
23.0916, Stats. The department may grant exceptions to this access requirement in accordance with s.
23.0916, Stats., and ch.
NR 52.
NR 51.006(6)(a)
(a) For easements acquired with a stewardship grant, the sponsor may not convert or approve conversion of land encumbered by the easement to uses inconsistent with the easement or the grant contract.
NR 51.006(6)(b)
(b) When a stewardship grant is awarded for acquisition of an easement, the sponsor shall prepare a baseline document, approved by the landowner and available to the department for inspection, before grant payments are made.
NR 51.006(6)(c)
(c) The sponsor shall monitor any easement acquired with a stewardship grant at least once a year to ensure that the provisions of the easement are being satisfied. The sponsor shall compare the condition of the property with the baseline document, and shall enforce all easement provisions. The sponsor shall submit a report documenting annual monitoring and any enforcement measures taken to the department as requested.
NR 51.006(6)(d)
(d) The sponsor shall ensure that the holder of any mortgage or land contract on easement property shall subordinate its rights to the terms of the easement before grant payments are made.
NR 51.006(6)(e)
(e) The sponsor shall use the department's standard easement template for the appropriate stewardship grant program when developing its easement document.
NR 51.006 Note
Note: Copies of the department's easement standards and guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.006(6)(f)
(f) The department shall have access to property on which an easement is acquired with a grant under this chapter, in a reasonable manner upon prior notice to the sponsor and the landowner, to monitor compliance with the conditions of the grant contract. The conditions of that access shall be contained in the easement agreed to by the landowner. The department may grant a variance to this access requirement in extraordinary situations according to the procedure in s.
NR 51.003.
NR 51.006(7)
(7) Public notice. The department shall follow procedures identified in s.
NR 52.04, when notifying the public of land acquisition projects seeking funding under this chapter.
NR 51.006(8)
(8) Title. Title to property acquired with a stewardship grant shall vest in the sponsor, except when acquired by the Kickapoo reserve management board where title shall vest in the state.
NR 51.006 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.007
NR 51.007
Property uses inconsistent with the stewardship program. NR 51.007(1)(1)
The sponsor may not convert property purchased or developed with a grant under this chapter to uses that are inconsistent with the stewardship program or the grant contract, without the prior written approval of the department.
NR 51.007(2)
(2) If a sponsor converts property to an inconsistent use not approved by the department, the sponsor shall return the property to the use specified in the grant contract or the sponsor shall replace the property with a different property, approved by the department. The department's approval of replacement property shall include consideration of at least equal value, acreage, and benefit consistent with the stewardship grant program for which funding was originally approved.
NR 51.007(3)
(3) If a sponsor converts a facility to an inconsistent use not approved by the department, the sponsor shall return the facility to the use specified in the grant contract, or replace the facility with one of equal value used for the same purpose within a timeline approved by the department.
NR 51.007(4)
(4) A sponsor that fails to abide by the terms of the grant contract which results in inconsistent use of the property or facility or impairment of the conservation values may not be eligible to apply for future grants under this chapter until the sponsor corrects the impairment and the department determines that the sponsor is once again operating in accordance with the terms of the grant contract.
NR 51.007 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.01
NR 51.01
Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants to nonprofit conservation organizations for conservation purposes as set forth in s.
23.096, Stats.
NR 51.01 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96.
NR 51.02
NR 51.02
Applicability. This subchapter is applicable to nonprofit conservation organizations that wish to apply for grants as specified in s.
23.096, Stats., for the following specific purposes identified in s.
23.09 (2) (d) 1. to
7.,
9.,
11.,
12. and
15., Stats.; s.
23.0917 (4m), Stats., Baraboo hills; s.
23.092, Stats., habitat areas; s.
23.094, Stats., stream bank protection; s.
23.17, Stats., Ice Age Trail; s.
23.175, Stats., state trails; s.
23.27, Stats., natural areas; s.
23.29, Stats., natural area heritage program; s.
23.293, Stats., Ice Age Trail dedications; s.
23.09 (19), Stats., urban green space; s.
23.09 (20), Stats., aids for the acquisition and development of local parks; s.
23.09 (20m), Stats., acquisition of development rights; s.
30.24, Stats., bluff protection and s.
30.277, Stats., urban rivers.
NR 51.02 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am.
Register, June, 1994, No. 462, eff. 7-1-94; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.03(1)(1)
The sponsor shall notify the department of any change in the status or purpose of the nonprofit conservation organization as it relates to the acquisition and management of lands for conservation purposes.
NR 51.03(2)
(2) If the nonprofit conservation organization dissolves, all title, right and interest held by the sponsor in and to the property purchased under this chapter shall vest in the state, without the necessity of reentry, unless a transfer under s.
NR 51.005 (10) is approved by the department.
NR 51.03(3)
(3) Within the land acquisition grant program under s.
23.0917 (3), Stats., and subchs.
I through
VIII, the department may not award grants to governmental units, but it may consider projects involving both nonprofit conservation organizations and eligible governmental units as partners when those projects further the objectives of this chapter. Pursuant to s.
23.096 (4), Stats., the department may approve a transfer of title from the nonprofit conservation organization to an eligible governmental unit, an agency of the state of Wisconsin, or the U.S. government for the purpose of long-term management as required under s.
NR 51.005 (10).
NR 51.03(4)
(4) The department may award grants of up to 75 percent of the acquisition cost of the property pursuant to s.
23.096 (2m), Stats.
NR 51.03(5)
(5) A sponsor acquiring property with a stewardship grant that is within the acquisition boundaries of a department project shall provide to the department plans for public use and land management that are consistent with department management plans for use of the property.
NR 51.03 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (3) (intro.) and (10),
Register, June, 1994, No. 462, eff. 7-1-94; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; correction in (6) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1996, No. 489; correction in (6) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1997, No. 504; emerg. am. (1) (intro.), (c) and (d), (3), (7), (9), (11) and (12), cr. (1) (f), (15) to (20), eff. 9-1-00;
CR 00-135: am. (1) (intro.), (c) and (d), (3), (7), (9), (11) and (12), cr. (1) (f), (15) to (20),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: r. (1) to (12), (16) to (20), renum. (13) to be (1), renum. (14) and (15) to be (2) and (3) and am., cr. (4) and (5)
Register February 2012 No. 674, eff. 3-1-12; correction in (3) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 51.04
NR 51.04
Application procedures and organization eligibility for grant assistance. NR 51.04(1)(a)(a) Nonprofit conservation organizations that apply to the department for urban greenspace grants under s.
23.09 (19), Stats., subch.
XIII, aids for the acquisition and development of local parks under s.
23.09 (20), Stats., and subch.
XII, acquisition of development rights grants under s.
23.09 (20m), Stats., and subch.
XV, and urban rivers grants under s.
30.277, Stats., and subch.
XIV, shall follow application procedures listed under s.
NR 51.906.
NR 51.04(1)(b)
(b) Except as provided in par.
(a) nonprofit conservation organizations shall use all of the following procedures when submitting applications to the department:
NR 51.04(1)(b)1.
1. Applications for funding under this chapter shall be submitted to the appropriate region office on forms provided by the department. The department may request more detailed information and may withhold evaluation of the application until the additional information requested has been received.
NR 51.04 Note
Note: Copies of application forms and instructions are available from the DNR, Bureau of Community Assistance, Box 7921, Madison, WI 53707.
NR 51.04(1)(b)2.
2. Sponsors shall submit applications on the prescribed department form. The department may approve applications when submitted, year-round, to the extent that funds are available, or if substantially oversubscribed for available funding, the department may establish application deadlines for
subchapters of the stewardship program in order to evaluate and prioritize competing applications.
NR 51.04(1)(b)3.
3. The department shall provide written notification to sponsors of the department decision regarding their applications after all application materials have been received and acted upon by the department.
NR 51.04(1)(b)4.
4. The department may provide a conditional decision to approve a project or award a grant, but withhold a final decision or grant payment until identified contingencies are satisfied.
NR 51.04(2)(a)
(a) An organization shall be eligible for the stewardship program once it has provided evidence satisfactory to the department that it is a nonprofit conservation organization under s.
NR 51.002 (21). Evidence shall include all of the following:
NR 51.04(2)(a)1.
1. Most recent IRS Filing (Form 990). Organizations not required to file Form 990 shall provide most recent year-end financial statements.
