Chapter NR 51

NR 51.908(4) (4) The sponsor shall submit claims for final reimbursement within 6 months of the completion of the project or the project period end date, whichever comes first.

NR 51.908(5) (5) The department may withhold final payment of the grant amount until all project, legal and program requirements have been complied with.

NR 51.908 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), (2) (a), (c), (4) Register February 2012 No. 674, eff. 3-1-12.

subch. XII of ch. NR 51 Subchapter XII — Aids for the Acquisition and Development of Local Parks

NR 51.910 NR 51.910 Purpose. The purpose of this subchapter is to establish standards and procedures for the administration of grants under s. 23.09 (20), Stats., to governmental units and nonprofit conservation organizations to acquire property for nature-based outdoor recreation and to governmental units to develop property for nature-based outdoor recreation facilities.

NR 51.910 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.911 NR 51.911 Applicability. This subchapter is applicable to governmental units applying for grants for the acquisition and development of property under s. 23.09 (20), Stats., and to nonprofit conservation organizations applying for grants for the acquisition of property under s. 23.096, Stats.

NR 51.911 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.912 NR 51.912 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Aids for the acquisition and development of local parks” means the program created under s. 23.09 (20), Stats., with funds appropriated under s. 20.866 (2) (ta), Stats.

NR 51.912 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. Register February 2012 No. 674, eff. 3-1-12.

NR 51.913 NR 51.913 Allocation of funds. The department shall apportion funds to projects on a region allocation system. Seventy percent of the funds available under this subchapter shall be allocated on the basis of each region’s proportionate share of the state population. The remaining 30 percent shall be divided equally between the counties and then apportioned to each region based on the number of counties in the region.

NR 51.913 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. Register February 2012 No. 674, eff. 3-1-12.

NR 51.914 NR 51.914 General provisions.

NR 51.914(1) (1) A sponsor may only use grant funds provided under this subchapter for nature-based outdoor recreation pursuant to s. 23.09 (20) (am), Stats., and support facilities for nature-based outdoor recreation.

NR 51.914(2) (2) Sponsors shall submit a local comprehensive outdoor recreational plan in order to be eligible for grants under this subchapter. A plan shall be consistent with the outdoor recreation program under s. 23.30, Stats., and s. NR 51.904 (4).

NR 51.914(3) (3) Sponsors may request additional grant funding for cost overruns beyond the amount of the original grant award if funds are available.

NR 51.914 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. (2), (3) Register February 2012 No. 674, eff. 3-1-12.

NR 51.915 NR 51.915 Eligible development projects. Development projects eligible for grant funds include, but are not limited to:

NR 51.915(1) (1) Support facilities for swimming in a natural waterbody, including beaches, swimming areas and bathhouses.

NR 51.915(2) (2) Fishing and hunting facilities, such as fishing piers and trails.

NR 51.915(3) (3) Boating facilities such as launching ramps and docks.

NR 51.915(4) (4) Observation and sightseeing facilities such as overlooks, turnouts and trails.

NR 51.915(5) (5) Picnic facilities, including tables, fireplaces, shelters and paths.

NR 51.915(6) (6) Camping facilities, including tent and trailer sites, tables and fireplaces.

NR 51.915(7) (7) Winter sports facilities, such as slopes and trails for sledding and tobogganing, cross-country ski trails, and facilities for ice skating.

NR 51.915(8) (8) Urban recreation areas, such as undeveloped play areas, bicycling trails, walking and horseback riding trails.

NR 51.915(9) (9) Support facilities, including entrance and circulation roads, utility and sanitation systems, erosion control work, parking areas, toilet buildings, educational facilities where there is a permanent professional naturalist staff and the facilities are for nature interpretation. Playgrounds that supplement the appreciation of nature, occupy a minor portion of the grant property, and do not distract from the primary purpose of the grant project may be considered an eligible support facility.

NR 51.915(10) (10) Renovation or redevelopment of existing nature-based outdoor recreation facilities or areas which have received adequate and regular maintenance but are impaired, or have become outmoded.

NR 51.915(11) (11) Habitat restoration projects.

NR 51.915(12) (12) Permanent landscaping and burial of overhead wires.

NR 51.915(13) (13) Open shelters and multi-purpose shelter buildings which support a nature-based outdoor recreation activity.

NR 51.915(14) (14) Fences and lighting for the protection of park users.

NR 51.915(15) (15) Park signs.

NR 51.915 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. (9) Register February 2012 No. 674, eff. 3-1-12.

NR 51.916 NR 51.916 Eligible land acquisition projects. Land acquisition projects eligible for funding include, but are not limited to:

NR 51.916(1) (1) Property that provides opportunities for nature-based outdoor recreation including, but not limited to parks, forests and camping grounds.

NR 51.916(2) (2) Property with frontage on rivers, streams, lakes, estuaries and reservoirs that will provide access to water–based outdoor recreation.

NR 51.916(3) (3) Property that provides special recreation opportunities, such as floodplains, wetlands and areas adjacent to scenic highways.

NR 51.916(4) (4) Natural areas and outstanding scenic areas where the objective is to preserve the scenic or natural values, including areas of physical or biological importance and wildlife areas. These areas shall be open to the general public for outdoor recreation use to the extent that the natural attributes of the areas will not be seriously impaired or lost.

NR 51.916(5) (5) Land within urban areas for day-use picnic areas.

NR 51.916(6) (6) Land for nature-based outdoor recreation trails.

NR 51.916 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. (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.917 NR 51.917 Ineligible projects. Ineligible acquisition or development projects include, but are not limited to:

NR 51.917(1) (1) Projects that are not supported by a local comprehensive outdoor recreational plan.

NR 51.917(2) (2) Restoration or preservation of historic structures.

NR 51.917(3) (3) Acquisition and development of areas and facilities that do not meet the definition of nature-based outdoor recreation specified in s. NR 51.002 (19), such as spectator sports, swimming pools, dedicated sports fields, tennis courts and hockey rinks.

NR 51.917(4) (4) Development of areas and facilities to be used for professional athletics.

NR 51.917(5) (5) Development of amusement facilities, waterslides or the construction of facilities that are only marginally related to nature-based outdoor recreation.

NR 51.917(6) (6) Construction of park employee residences.

NR 51.917(7) (7) Development of areas and facilities to be used solely for game refuges or fish production purposes unless they are open to the public for general compatible recreation use, or if they directly serve priority public outdoor recreation needs identified in SCORP.

NR 51.917(8) (8) Construction of lodges, motels, luxury cabins or similar facilities.

NR 51.917(9) (9) Development projects in previously undeveloped recreation areas which consist solely of support facilities, unless the facilities are clearly required for proper and safe recreational use of the area.

NR 51.917(10) (10) Construction, operation, or maintenance of buildings primarily devoted to indoor recreation.

NR 51.917(11) (11) Acquisition and development of golf courses.

NR 51.917 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. (3), (10) 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 51.918 NR 51.918 Priorities. The department shall evaluate and prioritize projects for grant assistance in accordance with the following project priorities, which are not listed in order of preference:

NR 51.918(1) (1) Projects that provide basic facilities, such as picnic and undeveloped play areas, have priority over projects that provide more elaborate facilities.

NR 51.918(2) (2) Projects that enhance or preserve natural beauty.

NR 51.918(3) (3) Projects that provide for completion of a project already started where the sponsor has shown the ability to provide quality outdoor recreation facilities for its citizens without grant assistance.

NR 51.918(4) (4) Projects to develop areas previously acquired.

NR 51.918(5) (5) Projects to renovate existing facilities that are in danger of being lost for public use.

NR 51.918(6) (6) Projects where the sponsors have good performance records on other recreational projects.

NR 51.918(7) (7) Projects where the sponsors are financially able to adequately maintain and operate the area or facility.

NR 51.918(8) (8) Projects that offer safe, rapid and convenient access by all types of transportation modes appropriate for that type of facility.

NR 51.918(9) (9) Projects that, in relation to their costs, provide access for the greatest number of potential users and provide the greatest opportunities for nature-based outdoor recreation.

NR 51.918(10) (10) Projects that meet needs and deficiencies identified in SCORP; or a local comprehensive outdoor recreation plan; or a comprehensive plan pursuant to s. 66.1001, Stats.

NR 51.918(11) (11) Projects that provide multiple season, multiple activity use.

NR 51.918(12) (12) Projects that are designed to serve the recreation needs of elderly persons, minorities and disabled persons.

NR 51.918(13) (13) Projects that are shown to be regional or statewide in impact and importance.

NR 51.918(14) (14) Projects that are ready to be implemented and can be completed in 2 construction seasons or less.

NR 51.918(15) (15) Projects that involve the use of materials or products utilizing Wisconsin recycled products.

NR 51.918(16) (16) Projects that use sustainable technology.

NR 51.918 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), cr. (16) Register February 2012 No. 674, eff. 3-1-12.

subch. XIII of ch. NR 51 Subchapter XIII — Urban Green Space

NR 51.920 NR 51.920 Purpose. The purpose of this subchapter is to establish standards and procedures for administration of grants to acquire property for urban green space and nature-based outdoor recreation under s. 23.09 (19) (cg), Stats.

NR 51.920 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. Register February 2012 No. 674, eff. 3-1-12.

NR 51.921 NR 51.921 Applicability. This subchapter is applicable to governmental units, lake sanitary districts under s. 30.50 (4q), Stats., public inland lake protection and rehabilitation districts and nonprofit conservation organizations applying for grants for the acquisition of urban green space under s. 23.09 (19), Stats.

NR 51.921 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.922 NR 51.922 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.922(1) (1) “Community gardening” means a noncommercial activity in an urban community involving the raising of vegetables, fruits, flowers and herbs for personal consumption or use.

NR 51.922(2) (2) “Urban green space” means open natural space within or in proximity to urban development that has scenic, ecological or natural values. It may also include land set aside for community gardening.

NR 51.922 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. (intro.), (1), (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.923 NR 51.923 Allocation of funds. Sponsors shall compete for urban green space grants on a statewide basis. The department shall reserve 10 percent of the annual allocation community gardening projects. If the department does not receive sufficient community gardening project requests by the annual application deadline as specified in s. NR 51.906, remaining reserves shall return to the general urban green space allocation.

NR 51.923 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. Register February 2012 No. 674, eff. 3-1-12.

NR 51.924 NR 51.924 General provisions.

NR 51.924(1) (1) A sponsor may only use grant funds provided under this subchapter for nature-based outdoor recreation as specified under s. 23.09 (19) (cg), Stats.

NR 51.924(2) (2) The property to be acquired shall be identified in a local comprehensive outdoor recreation plan that is consistent with the outdoor recreation program under s. 23.30, Stats., and s. NR 51.904 (4).

NR 51.924(3) (3) A sponsor that acquires property for community gardening may charge user fees that are sufficient to cover the cost of maintaining the area. Those fees may be waived based on the user’s inability to pay.

NR 51.924 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. (2) Register February 2012 No. 674, eff. 3-1-12.