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:
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 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 51.24
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(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)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.
NR 51.25 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (2), (3) (intro.), (g) and (i), r. (3) (j),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.26 and am., eff. 9-1-00;
CR 00-135: renum. from NR 51.26 and am.,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (1), r. and recr. (2)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.26
NR 51.26
Approval of projects. The department shall evaluate each project by considering the following:
NR 51.26(1)
(1) A project that is within a boundary or boundaries approved by the department and is listed on the current state natural areas priority site list shall receive high priority for approval.
NR 51.26(2)
(2) A project that is not within the boundary of a current state natural area or listed on the current state natural areas priority site list shall be reviewed for natural area designation pursuant to s.
23.27 (1) (e) and
(f), Stats. The criteria used to evaluate natural values of proposed project are as follows:
NR 51.26(2)(a)
(a) The quality of the natural values to be protected, including a comparison of the project with others and a consideration of the size, maturity, and unique attributes of the natural values.
NR 51.26(2)(b)
(b) The condition of the natural values to be protected, including an analysis of the degree to which the natural values have been damaged or altered from their optimal condition and character.
NR 51.26(2)(c)
(c) The long-term viability of the natural values to be protected, including the extent to which the project meets the minimum size required by area-dependent species of concern; the adequacy of the project to maintain community function and dynamics; the impacts that fragmentation, isolation and size of community may have on its longevity; and the ability of the project to support minimum viable populations of species to be protected.
NR 51.26(2)(d)
(d) The defensibility of the natural values and the project from adverse effects, both natural and anthropogenic, that threaten it.
NR 51.26(3)
(3) The criteria used to evaluate and rank proposed projects are as follows:
NR 51.26(3)(a)
(a) The rarity of the natural values to be protected as rated by the natural heritage inventory or other authority recognized by the scientific community.
NR 51.26(3)(b)
(b) The number of natural values to be protected and their areal extent
.
NR 51.26(3)(c)
(c) The degree to which the natural values and the project are threatened.
NR 51.26(3)(d)
(d) The value of the area for scientific research and conservation education.
NR 51.26(3)(e)
(e) The degree to which acquisition, as opposed to other protection tools, will protect the natural values.
NR 51.26(3)(f)
(f) The degree to which these types of natural values are already protected in the state.
NR 51.26(3)(g)
(g) The value of the site as an ecological benchmark or reference area.
NR 51.26 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; renum. (1), r. (2),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.27, eff. 9-1-00;
CR 00-135: renum. from NR 51.27,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.), (1) to (3), cr. (3) (g)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.27
NR 51.27
Approval of parcels. In a given fiscal year, parcels within an approved project or projects on the current state natural areas priority site list shall be given a higher priority for funding by the department.
NR 51.27 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (1) (intro.), r. (1) (a) to (c) and (2),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.28, eff. 9-1-00;
CR 00-135: renum. from NR 51.28,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.30
NR 51.30
Purpose. The purpose of this subchapter is to establish the administrative framework for the implementation of the bluff protection program to preserve Great Lakes bluff land in Wisconsin under s.
30.24, Stats.
NR 51.30 History
History: Emerg. cr. Register, eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.31
NR 51.31
Applicability. This subchapter applies to the department program to acquire Great Lakes bluff land under s.
30.24, Stats., and to bluff land protection grants to nonprofit conservation organizations pursuant to s.
23.096, Stats.
NR 51.31 History
History: Emerg. cr. Register, eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.32
NR 51.32
Definitions. In addition to the definitions in s.
NR 51.002, the following definition applies to this subchapter: “Bluff" means a hill, ridge or similar landform significantly elevated above the surrounding landscape, having a broad, steep face or cliff, and adjoining the shoreline or coastal lowlands of Lake Michigan or Lake Superior. “Bluff" includes an elevated landform having a steep face or bedrock cliff associated with the escarpment of Niagara dolomite within 6 miles of the Lake Michigan shoreline in Door and Brown counties.
NR 51.32 History
History: Emerg. cr. Register, eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
