Chapter NR 51

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.

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)(a)4. 4. Permit fees necessary for the completion for the project.

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)(b) (b) Indirect costs including administrative costs.

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) (3) Grant payments.

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.

subch. III of ch. NR 51 Subchapter III — Natural Areas Grants

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:

NR 51.22(1) (1) “Dedicated state natural area” has the meaning specified in s. 23.27 (1) (b), Stats.

NR 51.22(2) (2) “Dedication” has the meaning specified in s. 23.27 (1) (c), Stats.

NR 51.22(3) (3) “Designated state natural area” has the meaning specified in s. 23.27 (1) (d), Stats.

NR 51.22(4) (4) “Natural area” has the meaning specified in s. 23.27 (1) (e), Stats.

NR 51.22(5) (5) “Natural values” has the meaning specified in s. 23.27 (1) (f), Stats.

NR 51.22(6) (6) “Priority site list” means a list of existing and proposed natural area projects generated and revised periodically by the department based on the natural heritage inventory database, state natural area program analyses, and other sources.

NR 51.22(6m) (6m) “Project” means an area, defined in writing, that the sponsor wants to acquire for a specific natural area purpose.

NR 51.22 Note Note: A project normally contains several parcels but may contain just one.

NR 51.22(7) (7) “State natural area” has the meaning specified in s. 23.27 (1) (h), Stats.

NR 51.22 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. (5), renum. (6) to (8) to be (5) to (7), Register, February, 1996, No. 482, eff. 3-1-96; CR 10-127: am. (6), cr. (6m) Register February 2012 No. 674, eff. 3-1-12.

NR 51.23 NR 51.23 Eligible applicants. Nonprofit conservation organizations are eligible to apply for natural area grants.

NR 51.23 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, February, 1996, No. 482, eff. 3-1-96.

NR 51.24 NR 51.24 Grant conditions. Grants awarded under this subchapter shall be made with the condition that the property shall qualify for dedication and be dedicated as a state natural area under ss. 23.27 and 23.29, Stats., except for those sites that the department may, with good cause, exempt from the dedication requirement. Good cause includes, but is not limited to, sites that are buffer areas, have deed restrictions, or contain potentially ephemeral natural values such as rookeries and individual rare species populations.

NR 51.24 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.25 and am., eff. 9-1-00; CR 00-135: renum. from NR 51.25 and am., Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

NR 51.25 NR 51.25 Application procedure.

NR 51.25(1) (1) Application deadlines. Deadlines are as stated in s. NR 51.04.

NR 51.25(2) (2) Project applications. Applications shall include:

NR 51.25(2)(a) (a) A proposed site conservation and land management plan containing a discussion of the following:

NR 51.25(2)(a)1. 1. The project’s goals, including the conservation targets of the project, and the importance of the project from a local, regional, statewide, or global perspective.

NR 51.25(2)(a)2. 2. A detailed site description, including natural features and their acreages, any rare species present, and the context in which the project fits into the landscape.

NR 51.25(2)(a)3. 3. A history of land use and past site disturbances.

NR 51.25(2)(a)4. 4. The present and potential threats to the natural values of the project.

NR 51.25(2)(a)5. 5. A justification of the long-term viability of the site including an explanation for why the natural area protection goals are realistic given the natural values to be protected, the size of the project, the surrounding land use, and the proposed land management plan.

NR 51.25(2)(a)6. 6. The proposed public access to and allowable uses of the site, including those required in s. 23.0916, Stats.

NR 51.25(2)(a)7. 7. The proposed rules or restrictions proposed by the sponsor, if any.

NR 51.25(2)(a)8. 8. A description of land management objectives and strategies designed to achieve management goals and to maintain the site’s natural values and natural processes, including methods for controlling invasive plant and animal species and a management implementation schedule.

NR 51.25(2)(a)9. 9. A plan for any proposed facility developments, such as trails, signs, parking areas, or boardwalks.

NR 51.25(2)(b) (b) Available plant and animal species lists, natural heritage inventory records, ecological survey results, and any reports describing the site, its features, and its importance. Include citations to such data or to other sources of information that support the protection of the project.

NR 51.25(2)(c) (c) A detailed topographic map or aerial photograph showing the overall natural area boundary along with the boundary of the specific project and any specific use zones therein.