Chapter NR 51

NR 51.931 NR 51.931 Applicability. This subchapter is applicable to governmental units applying for grants for the acquisition of property and development of shoreline enhancements under s. 30.277, Stats., and to nonprofit conservation organizations for the acquisition of property under s. 23.096, Stats.

NR 51.931 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.932 NR 51.932 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.932(1) (1) “Shoreline enhancement” means a development or habitat restoration project that serves public recreation or resource conservation purposes and is dependent on being on a shoreline.

NR 51.932(2) (2) “Urban area” means any area that is within or is characteristic of a city or village.

NR 51.932(3) (3) “Urban river” means a river within or in proximity to an urban area.

NR 51.932 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.), r. (1), renum. (2) to (4) to be (1) to (3) Register February 2012 No. 674, eff. 3-1-12.

NR 51.933 NR 51.933 Allocation of funds and grant awards.

NR 51.933(1) (1) The department shall select projects for grant assistance under this subchapter on a statewide basis according to the provisions and priorities in this subchapter.

NR 51.933(2) (2) No governmental unit may receive more than 20 percent of the funds that are available for grants under this subchapter in any one fiscal year.

NR 51.933 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) Register February 2012 No. 674, eff. 3-1-12.

NR 51.934 NR 51.934 General provisions.

NR 51.934(1) (1) Sponsors may only use grant funds provided under this subchapter to provide or enhance nature-based outdoor recreation as specified under s. 30.277 (2), Stats.

NR 51.934(2) (2) To be eligible for a grant under this subchapter, a sponsor shall fund at least 50 percent of the cost of the project from private, local, or federal funding, by donations or by state funding. For purposes of this subchapter, state funding may not include grants under this subchapter, moneys appropriated to the department under s. 20.370, Stats., or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty), or (tz), Stats.

NR 51.934(3) (3) Donations shall meet all eligibility requirements of subchapter XI and s. NR 51.006.

NR 51.934(4) (4) Projects shall, either alone or in conjunction with other supporting plans, restore, enhance or preserve the environmental and natural resource values of an urban river or riverfront.

NR 51.934(5) (5) Projects shall enhance or preserve diverse outdoor natural resource related recreation opportunities for all segments of the population.

NR 51.934(6) (6) Projects shall be supported by a town, village, city, tribe, or county comprehensive outdoor recreation plan that is consistent with the outdoor recreation program under s. 23.30, Stats., and s. NR 51.904 (4).

NR 51.934(7) (7) The application shall include a copy of any relevant local comprehensive outdoor recreation plan, local green space plan, integrated resource management plan, riverfront restoration plan or appropriate sections of a comprehensive plan pursuant to s. 66.1001, Stats.

NR 51.934(8) (8) Riparian flowage lands may be eligible for a grant under this subchapter, if the project overall is more riverine in character than lake and if it is part of a comprehensive riverway plan, or if the acquisition is for the purpose of the removing the flowage and restoring the area to a natural river condition.

NR 51.934(9) (9) Non–urban riverfront lands that are lying adjacent to an urban area or that are likely to be urbanized may be eligible for a grant under this subchapter if the department determines acquisition of the land would contribute significantly to the overall success of an urban river project or comprehensive riverway plan of which it is a part.

NR 51.934(10) (10) The following shoreline enhancements, not listed in priority order, are eligible for stewardship grants:

NR 51.934(10)(a) (a) Projects that support nature-based outdoor recreation as defined in s. NR 51.002 (19).

NR 51.934(10)(b) (b) Riparian buffer rehabilitation including establishment of native vegetation, which may include slope and site preparation, and control of exotic plant species.

NR 51.934(10)(c) (c) Shoreline stabilization, which may employ bioengineering practices, and other environmentally beneficial stabilization techniques.

NR 51.934(10)(d) (d) Engineering and design costs for approved shoreline enhancement projects.

NR 51.934(10)(e) (e) Removal of seawalls, retaining walls, overhead wires, roads, buildings and levees.

NR 51.934(10)(f) (f) Open shelters, multi-purpose shelter buildings and primitive campsites.

NR 51.934(10)(g) (g) Fences for protection of park users.

NR 51.934(10)(h) (h) Lighting for public safety.

NR 51.934(10)(i) (i) Park signs.

NR 51.934(10)(j) (j) Shoreline access.

NR 51.934(11) (11) Shoreline enhancement projects associated with river corridor restoration following dam removal shall receive a priority for funding.

NR 51.934(12) (12) Construction or repair of seawalls and lagoons, and environmental remediation or clean-up of site contamination are ineligible projects. Dredging projects are also ineligible unless the dredging is incidental to the overall project.

NR 51.934 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), (6), (8), (9), (10) (a) Register February 2012 No. 674, eff. 3-1-12.

NR 51.935 NR 51.935 Priorities. The department shall prioritize grant requests based on the extent to which the project, or the project in conjunction with supporting plans, satisfies each of the following criteria which are not listed in order of preference. As set forth in s. 30.277 (6), Stats., the criterion relating to brownfields under sub. (15), shall receive the greatest preference.

NR 51.935(1) (1) The project satisfies a relevant statewide or department region priority need identified in the SCORP.

NR 51.935(2) (2) The project preserves land listed on the natural heritage inventory or restores or preserves an area with significant historical or cultural value.

NR 51.935(3) (3) The project supports other federal, state or local natural resource management or pollution control lands or projects.

NR 51.935(4) (4) The project implements elements of approved water quality plans.

NR 51.935(5) (5) The project continues land acquisitions in an urban rivers project that was previously approved by the department.

NR 51.935(6) (6) The project is within a designated scenic urban waterway under s. 30.275, Stats.

NR 51.935(7) (7) The project restores, enhances or preserves natural resource values and environmental quality within the river corridor.

NR 51.935(8) (8) The project provides and enhances diverse outdoor, natural resource related recreation opportunities for all segments of the population. Appropriate outdoor recreation opportunities include, but are not limited to, fishing, wildlife observation, enjoyment of scenic beauty, boating, canoeing, hiking and bicycling.

NR 51.935(9) (9) The project improves public access to the riverfront for all segments of the population.

NR 51.935(10) (10) The project has substantial community support, including financial support.

NR 51.935(11) (11) The project involves a joint effort by 2 or more governmental units.

NR 51.935(12) (12) The project has significant potential for increasing tourism.

NR 51.935(13) (13) The project has significant potential benefits to the overall economy of the governmental unit.

NR 51.935(14) (14) The project has significant aesthetic value.

NR 51.935(15) (15) The project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1., Stats.

NR 51.935(16) (16) The project uses sustainable technology.

NR 51.935 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), (8), cr. (16) Register February 2012 No. 674, eff. 3-1-12.

subch. XV of ch. NR 51 Subchapter XV — Acquisition of Development Rights

NR 51.940 NR 51.940 Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants for the acquisition of development rights for nature-based outdoor recreation under s. 23.09 (20m), Stats.

NR 51.940 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.941 NR 51.941 Applicability. This subchapter is applicable to governmental units and nonprofit conservation organizations that apply to the department for grants to acquire development rights in land for nature-based outdoor recreation pursuant to s. 23.09 (20m), Stats.

NR 51.941 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.942 NR 51.942 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.942(1) (1) “Acquisition of development rights program” means a voluntary land protection program enacted by a governmental unit that compensates landowners for limiting future development on their land.

NR 51.942(2) (2) “Agriculture” has the meaning given in s. 30.40 (1), Stats.

NR 51.942 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.), (2), r. (3), (4) Register February 2012 No. 674, eff. 3-1-12.

NR 51.943 NR 51.943 Grant awards. The department may award grants to governmental units and nonprofit conservation organizations for the acquisition of easements that restrict future development and protect the conservation values of property in perpetuity.

NR 51.943 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: r. and recr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.944 NR 51.944 General provisions.

NR 51.944(1) (1) A project that is supported by a town, village, city, tribe, or county CORP or comprehensive plan that has been completed and adopted by the governmental unit shall receive higher priority for funding.

NR 51.944(2) (2) For easements acquired with a grant under this subchapter, the sponsor may not convert or approve conversion of land encumbered by the easement to uses inconsistent with the easement. Residential, industrial or commercial development is prohibited on property encumbered by a grant under this subchapter. Additional restrictions or conditions may be imposed by the easement or grant contract.

NR 51.944(3) (3) Agriculture and forestry may be permitted on property encumbered by an easement as long as those activities are compatible with the purposes of the stewardship program and the acquisition project.

NR 51.944(4) (4) Any agriculture within the area encumbered by an easement shall be carried out in accordance with the conditions, standards and specifications of a soil and water conservation plan approved by the natural resources conservation service office located in each county.

NR 51.944(5) (5) Harvesting of timber within the area encumbered by an easement shall be carried out in accordance with the conditions of a forest management plan approved by the department.

NR 51.944(6) (6) The sponsor shall establish and maintain vegetative buffers along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

NR 51.944 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: r. and recr. (1), am. (2), (6) Register February 2012 No. 674, eff. 3-1-12.

NR 51.945 NR 51.945 Priorities. The following types of property, not listed in priority order, shall receive priority for funding if the property provides for or enhances nature-based outdoor recreation:

NR 51.945(1) (1) Property with frontage on rivers, streams, lakes or estuaries.

NR 51.945(2) (2) Property that creates a buffer between land that has been permanently protected for natural resource and conservation purposes and potential or existing residential, commercial or industrial development.

NR 51.945(3) (3) Property that is within the boundaries of an acquisition project established by the department, a governmental unit or a nonprofit conservation organization where the uses of the property will complement the goals of the project and the stewardship program.

NR 51.945(4) (4) Property that is within an environmental corridor that connects 2 or more established resource protection areas.

NR 51.945 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.946 NR 51.946 Factors that shall be considered in project selection. The department shall select projects for financial assistance under this subchapter by evaluating each project according to the following factors, not listed in order of priority:

NR 51.946(1) (1) Recreational opportunities provided or enhanced.

NR 51.946(2) (2) Proximity to other permanently protected land.

NR 51.946(3) (3) Natural, scenic, geological and archaeological values of the property.

NR 51.946(4) (4) The degree of development pressure.

NR 51.946(5) (5) Whether the project has been identified in a comprehensive outdoor recreation plan, another plan that has as one of its purposes the protection of natural resources, or the natural heritage inventory database.

NR 51.946(6) (6) The amount of funding available for the project from other sources.

NR 51.946 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.), (5), (6) Register February 2012 No. 674, eff. 3-1-12.

subch. XVI of ch. NR 51 Subchapter XVI — Grants from the Heritage Fund

NR 51.950 NR 51.950 Purpose. The purpose of this subchapter is to establish criteria and procedures for the issuance of grants from the heritage fund under s. 27.016, Stats.

NR 51.950 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.90, eff. 9-1-00; CR 00-135: renum. from NR 51.90, Register July 2001, No. 547 eff. 8-1-01; CR 10-127: renum. from 51.990 and am. Register February 2012 No. 674, eff. 3-1-12.