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)(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)(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(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)(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.
NR 51.08(4)(b)4.
4. Escrow funds not used within 45 days of department issuance shall be returned to the department if the closing does not occur as scheduled unless the department approves an extension.
NR 51.08(5)
(5) All statutory requirements of this chapter and contingencies contained in the grant contract have been satisfied.
NR 51.08(6)
(6) The department has approved a land management plan. The plan may be part of the grant contract or it may be a separate document incorporated by reference into the grant contract. For easements, the land management terms may be included in the easement.
NR 51.08(7)
(7) The department has approved any easement documents associated with the project.
NR 51.08(8)
(8) If a sponsor has incurred a mortgage on the property, but has all the additional funds necessary to pay off the mortgage or land contract except the grant funds, the department may make the grant payment if other requirements have been met. The sponsor shall provide the department with evidence that the mortgage has been satisfied within 30 days of the grant payment.
NR 51.08 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (1), r. (3) and (5), renum. (4) and (6) to be (3) and (5) and am. (5) (intro.), (i) 2. and (j), cr. (4),
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 51.06 and am. (1) to (3), (4) (b) 1. and (5), cr. (6) to (8), eff. 9-1-00;
CR 00-135: renum. from NR 51.06 and am. (1) to (3), (4) (b) 1. and (5), cr. (6) to (8),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.), (2), (4) (a), (b) (intro.), 2., 4.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.09
NR 51.09
Eligible costs and grant payments for development and habitat restoration projects. NR 51.09(1)(1)
Eligible costs. Reasonable and necessary project costs that are consistent with the project scope and incurred during the project period are eligible for grant funds. The amount the department agrees to reimburse for any land management practice may be based on an average cost determined as reasonable by the department. The department may request that the sponsor obtain quotes for land management practices and other development project expenses.
NR 51.09(1)(a)
(a) Eligible costs may include, but are not limited to:
NR 51.09(1)(a)1.
1. Labor costs directly related to and required for completing the project. Costs shall be based on the actual wage paid by the sponsor including salary and fringe benefits.
NR 51.09(1)(a)2.
2. Direct costs for materials and equipment used for project-related purposes or the cost of the portion of materials or equipment time used for the project.
NR 51.09(1)(a)3.
3. The cost of leased equipment used for project-related purposes.
NR 51.09(1)(b)
(b) Engineering or planning fees necessary to design and complete a project may be eligible and may be retroactive.
NR 51.09(1)(c)
(c) The substantiated value of materials, equipment, services and labor donated for the project may be used as all or part of the sponsor`s share of the project cost subject to all of the following:
NR 51.09(1)(c)1.
1. All known sources of the sponsor's share of project costs shall be indicated when the grant application is submitted.
NR 51.09(1)(c)2.
2. The maximum value of donated, non-professional labor shall be equal to prevailing Wisconsin minimum wage requirements.
NR 51.09(1)(c)3.
3. The value of donated materials and donated professional services shall conform to market rates and be established by invoice.
NR 51.09(1)(c)4.
4. The value of donated equipment use shall conform to the Wisconsin department of transportation highway rates for equipment.
NR 51.09 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Ave., Madison 53705.
NR 51.09(2)
(2) Ineligible costs. Costs not directly associated with or necessary for the implementation of the project are ineligible for grant funding. Ineligible costs include, but are not limited to:
NR 51.09(2)(a)
(a) Fines and penalties due to violation of, or failure to comply with federal, state or local laws and regulations.
NR 51.09(2)(c)
(c) Costs for which payment has been or will be received from any other funding source.
NR 51.09(2)(d)
(d) Costs associated with operation and maintenance of the property.
NR 51.09(3)(a)
(a) The department may provide an advance payment equal to 50 percent of the grant award if the sponsor provides proof that it has its share of the project costs.
NR 51.09(3)(b)
(b) The sponsor may request interim payments instead of an advance payment.
NR 51.09(3)(c)
(c) The sponsor shall submit the final payment request form within 90 days after project completion or after the project period end date, whichever is sooner.
NR 51.09(3)(d)
(d) The sponsor shall return any unexpended grant advances to the department within 90 days after project completion or the project period end date, whichever is sooner.
NR 51.09(3)(e)
(e) The department may withhold final payment of the grant amount until all project, legal and program requirements have been satisfied. The sponsor shall provide accounting for all stewardship grants in accordance with generally accepted accounting principles and practices. The sponsor shall maintain financial records including documentation to support accounting records for review by the department for a period of 4 years after final payment.
NR 51.09(3)(f)
(f) For projects that are not complete in one year, the department may require the sponsor to submit one or more interim reports that contain details of progress and other information regarding the status of the project.
NR 51.09 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: cr. (1) (a) 4., am. (1) (b), (c) 2., (3) (a), (d), (e), (f)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.20
NR 51.20
Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants to nonprofit conservation organizations for natural area protection purposes as set forth in s.
23.096, Stats., under the natural areas or natural area heritage program.
NR 51.20 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90.
NR 51.21
NR 51.21
Applicability. This subchapter applies to nonprofit conservation organizations that wish to apply for grants for natural areas or natural area heritage program areas as specified in s.
23.096, Stats.
NR 51.21 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90.
NR 51.22
NR 51.22
Definitions. In addition to the definitions in s.
NR 51.002, the following definitions apply to this subchapter:
