Chapter NR 51

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 NR 51.03 General provisions.

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) (1) Application procedures.

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) (2) Organization eligibility.

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.

NR 51.04 Note Note: Copies of IRS Form 990 are available online at http://www.irs.gov/pub/irs-pdf/f990.pdf.

NR 51.04(2)(a)2. 2. A copy of the most recent audit.  Organization shall comply with annual Single Audit requirements as specified in OMB Circular A-133.

NR 51.04(2)(a)3. 3. Most recent annual financial statements consisting of income statement and balance sheet.

NR 51.04(2)(a)4. 4. A copy of the nonprofit conservation organization’s by-laws.

NR 51.04(2)(a)5. 5. A copy of the nonprofit conservation organization’s articles of incorporation.

NR 51.04(2)(a)6. 6. A copy of the IRS letter of tax-exempt status determination.

NR 51.04(2)(a)7. 7. A description of endowment funds, if applicable.

NR 51.04(2)(a)8. 8. Other materials in support of the nonprofit conservation organization’s eligibility including brochures about the organization, newsletters, annual reports, copy of land acquisition policies, criteria for evaluation of land, or other materials.

NR 51.04(2)(am) (am) By April 30 of each year, the department shall establish and publish on its stewardship grant web site a cumulative federal and state funds threshold amount for which organizations will be required to annually submit items in pars. (2) (a) 1., (2) (a) 2., and (2) (a) 3.

NR 51.04 Note Note: To view the department website, please go to: http://dnr.wi.gov.

NR 51.04(2)(b) (b) Organizations shall have their boards of directors adopt a resolution indicating the organization’s commitment to continual progress toward implementation of Land Trust Standards and Practices. Organizations shall submit the adopted resolution to the department.

NR 51.04 Note Note: To obtain a copy of a sample resolution and learn more about the Land Trust Standards and Practices, please go to: http://www.landtrustalliance.org.

NR 51.04(2)(c) (c) An organization shall request grant eligibility on a form provided by the department.

NR 51.04(2)(d) (d) The department may award a grant under this chapter to a sponsor after the sponsor has provided evidence satisfactory to the department that it has the financial capacity and the ability to acquire property and provide for its long-term management and maintenance.

NR 51.04(2)(e) (e) The department may periodically review an organization’s eligibility.

NR 51.04 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (2), (6) (a) 2., 4. b., (b) 2. and (c) 1., cr. (6) (a) 4. c., r. (6) (a) 7., 10., 11., (b) 8. and (c) 10., renum. (6) (a) 8., 9., 12., (b) 9., 10., (c) 11. to 13. to be (6) (a) 7., 8., 9., (b) 8., 9., (c) 10. to 12. and am. (6) (a) 7., Register, June, 1994, No. 462, eff. 7-1-94; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (a), r. (3), renum. (4) to be (1) (d), eff. 9-1-00; CR 00-135: am. (1) (a), r. (3), renum. (4) to be (1) (d), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (title), (2) (a), renum. (1) (a) to (d), (2) (b) to be (1) (b) 1. to 4., (2) (d) and am., cr. (1) (a), (b) (intro.), (2) (am), (b), (c), (e) Register February 2012 No. 674, eff. 3-1-12.

NR 51.05 NR 51.05 Eligible and ineligible acquisition projects.

NR 51.05(1) (1) Eligible projects. The department may award grants under this chapter to nonprofit conservation organizations for acquisition of all or some of the rights of property for the following:

NR 51.05(1)(a) (a) For natural areas under subch. III; the Ice Age Trail and state trails under subch. VIII; stream bank protection under subch. VII; habitat areas and fisheries under subch. V; bluff protection under subch. IV; wild lakes under subch. VI; the Baraboo hills under subch. X; aid for local parks under subch. XII; urban green space under subch. XIII; urban rivers under subch. XIV and acquisition of development rights under subch. XV.

NR 51.05(1)(b) (b) For the Lower Wisconsin state riverway, and wild rivers designated under s. 30.26, Stats., including lands within or adjacent to their acquisition boundaries.

NR 51.05(1)(c) (c) For the middle kettle moraine.

NR 51.05(1)(d) (d) For state forests or state parks including lands within or adjacent to a state forest or state park or its acquisition boundaries.

NR 51.05(1)(e) (e) For public shooting, trapping or fishing grounds, state wildlife areas, state recreation areas, lands within or adjacent to their acquisition boundaries, or for projects that have similar purposes.

NR 51.05(1)(f) (f) For preservation of endangered or threatened species under s. 29.604, Stats.

NR 51.05(1)(g) (g) For fish farms as defined in s. 95.001 (1) (aj), Stats., doing cooperative work with the state.

NR 51.05(1)(h) (h) For acquisition of development rights to create agricultural, forestry or other buffers on lands adjacent to properties acquired for the purposes listed in this subsection.

NR 51.05(2) (2) Ineligible projects. The department may not award stewardship grants for ineligible acquisition projects including:

NR 51.05(2)(a) (a) Any property that has restrictions or other covenants that prevent or limit the property from being managed for the conservation or public recreational purposes of the stewardship program or that would preempt the department’s reversionary interests under s. 23.096 (5), Stats.

NR 51.05(2)(b) (b) Any property that was acquired more than one year before a grant application is submitted for that property. Eligible properties not funded in the fiscal year in which an application is submitted due to insufficient funds may be considered for funding in subsequent fiscal years.

NR 51.05(2)(c) (c) Any property that is used or may be used for licensed game farms, fur farms, deer farms, shooting preserves, forest nurseries or experimental stations.

NR 51.05(2)(d) (d) Any property used for commercial or industrial purposes, except with prior written approval of the department for sponsor fundraising and other activities that protect or enhance the conservation values of the project.

NR 51.05 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 10-127: am. (title), (1) (intro.), (2) (intro.), (b) to (d), cr. (1) (title), (2) (title) Register February 2012 No. 674, eff. 3-1-12.

NR 51.06 NR 51.06 Acquisition priorities.

NR 51.06(1) (1) The department shall base its evaluation of acquisition projects on information submitted in the application as well as site visits and technical review comments. Property shall be evaluated and grants awarded according to criteria and priorities specific for each stewardship grant program identified in s. NR 51.05.

NR 51.06(2) (2) In awarding grants under s. 23.0917 (3), Stats., the department shall give priority to all of the purposes listed in s. 23.0917 (3) (c), Stats.

NR 51.06(3) (3) Additional factors that may be considered by the department when awarding grants under s. 23.0917 (3), Stats., include:

NR 51.06(3)(a) (a) Whether the project has regional, statewide or local significance.

NR 51.06(3)(b) (b) The degree to which the site is threatened by development or other conversion of land use.

NR 51.06(4) (4) A higher priority may be placed on existing projects or large projects, which may be pursued in collaboration with others, where the multiple acquisition of adjacent parcels will provide greater benefit for natural resource conservation than single-parcel projects.

NR 51.06(5) (5) A higher priority may be placed on projects that have been identified as important for natural resource protection in a comprehensive plan pursuant to s. 66.1001, Stats., the Wisconsin land legacy report, another plan that has as one of its purposes the protection of natural resources, or the natural heritage inventory database.

NR 51.06 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. (1), (4), (5) Register February 2012 No. 674, eff. 3-1-12.

NR 51.07 NR 51.07 Grant contracts for acquisition projects.

NR 51.07(1) (1) Stewardship grants shall be subject to the execution of a grant contract between the department and sponsor. The grant contract shall recognize the state’s interest in the property acquired and ensure that sponsors shall provide adequate land management, signage in accordance with s. 23.09165, Stats., and maintenance, or in the case of easements shall monitor and enforce the conditions of the easement, in accordance with provisions contained in the grant contract and in a land management plan approved by the department. The grant contract shall be recorded in the office of the register of deeds in the appropriate county.

NR 51.07(1d) (1d) The sponsor shall declare the state’s interest in the Stewardship property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department.

NR 51.07(2) (2) All obligations, terms, conditions and restrictions imposed by the grant contract shall be deemed to be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant contract and shall bind the sponsor and all successors and assigns in perpetuity.

NR 51.07(3) (3) If the sponsor violates any condition of the grant contract identified as essential pursuant to s. 23.096 (5), Stats., and fails to correct it within 6 months after written notification from the department, it shall be a violation of the grant contract, and all title, right and interest held by the sponsor in and to the property shall vest in the state without the necessity of reentry or legal judgment. The following conditions of the grant contract are essential:

NR 51.07(3)(a) (a) Conversion of the property to any use other than that specified in the grant contract without the prior written approval of the department is prohibited.

NR 51.07(3)(b) (b) The sponsor may not convey any interest in the property to a third party nor allow any leases, permits or encumbrances without the prior written approval of the department. The department may take actions necessary to avoid the placement of liens, judgments or encumbrances against the property.

NR 51.07(3)(c) (c) The sponsor shall make property tax payments on time and keep taxes current unless property taxes are not required.

NR 51.07(3)(d) (d) The sponsor shall at all times maintain its tax exempt status as granted by the IRS. The sponsor shall keep the department informed of any changes in, or challenges to, its exempt status.

NR 51.07(3)(e) (e) Property acquired with a grant under this chapter may not be closed to the public unless the department determines that it is necessary to protect species of plants, wild animals or other natural features or if the right of public access is not acquired as part of the rights purchased with an easement.

NR 51.07(3)(f) (f) All grant applications and approved projects shall comply with the requirements for public access in ch. NR 52 and s. 23.0916, Stats.

NR 51.07(4) (4) The department may include additional conditions and restrictions in the grant contract.

NR 51.07 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1) (b) and (2), r. (4), renum. (5) to (7) to be (4) to (6), cr. (7), Register, June, 1994, No. 462, eff. 7-1-94; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.05, cr. (4), eff. 9-1-00; CR 00-135: renum. from NR 51.05, cr. (4), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1), (3) (intro.), (b), (c), (e), (4), cr. (1d), (3) (f) Register February 2012 No. 674, eff. 3-1-12.

NR 51.08 NR 51.08 Grant payments for acquisition projects. The department may not approve grant payments to a sponsor until the following conditions have been satisfied:

NR 51.08(1) (1) The sponsor has submitted a claim supported by appropriate evidence of cost. Accounting for all stewardship grants shall be in accordance with generally accepted accounting principles and practices. Financial records including documentation to support accounting records shall be available for review by state officials for a period of 4 years after final payment.

NR 51.08(2) (2) The department has determined the fair market value of the property according to department appraisal guidelines and s. NR 51.006 (2).

NR 51.08 Note Note: The department’s appraisal guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.

NR 51.08(3) (3) The sponsor has submitted an environmental inspection or assessment report showing the property contains no undesirable environmental conditions, potential liabilities or hazards that are unacceptable to the department. Inspection and assessment reports are subject to department review and approval. If a report shows the property contains or may contain unacceptable environmental conditions or liabilities, the department may reject the grant application or require a more complete environmental assessment to determine the full extent of the problem.

NR 51.08 Note Note: The department’s environmental inspection report form is available from the DNR, Bureau of Community Assistance, Box 7921, Madison, WI 53707.

NR 51.08(4) (4) 

NR 51.08(4)(a) (a) Except as provided in par. (b), a final title insurance policy insuring the full fair market value of the property has been approved by the department and the interests of the state under the grant contract have been declared in a recorded instrument of conveyance.

NR 51.08(4)(b) (b) Upon the request of the sponsor, the department may elect to pay out up to 100 percent of the grant award to a non-interest bearing escrow account before conveyance of the property to the sponsor if the department has approved the title commitment and if the escrow holder has agreed to release the funds only under the following conditions:

NR 51.08(4)(b)1. 1. The escrow holder has all necessary additional funds for the purchase and sale of the subject property.

NR 51.08(4)(b)2. 2. The escrow holder insures title to or receives title insurance for the property subject only to exceptions contained in the title commitment that has been approved by the department.

NR 51.08(4)(b)3. 3. The escrow holder insures that a legal instrument is recorded which vests title or a property interest in the sponsor and references the interest of the state in the property under the terms of the grant contract.