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)(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(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 HistoryHistory: 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 51.935NR 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 HistoryHistory: 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. NR 51.940NR 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 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 51.941NR 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 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 51.942NR 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 HistoryHistory: 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 51.943NR 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 HistoryHistory: 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(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 HistoryHistory: 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 51.945NR 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 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 51.946NR 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(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 HistoryHistory: 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. NR 51.950NR 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 HistoryHistory: 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. NR 51.951NR 51.951 Applicability. This subchapter is applicable to friends groups organized for, and under formal written agreements with the department for properties or programs under s. 23.098 (1), Stats., and s. NR 1.71. NR 51.951 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 10-1-96; am. Register, December, 1997, No. 504, eff. 1-1-98; emerg. renum. from NR 51.91, eff. 9-1-00; CR 00-135: renum. from NR 51.91, Register July 2001, No. 547 eff. 8-1-01; CR 10-127: renum. from 51.991 Register February 2012 No. 674, eff. 3-1-12. NR 51.952NR 51.952 Eligible and ineligible projects. NR 51.952(1)(1) Eligible projects. The department may award grants for the operation and maintenance of state parks, southern state forests, state trails, or state recreation areas. All projects shall be consistent with department approved plans for the property. Eligible projects are those which fall within the priorities of s. NR 51.953. NR 51.952(2)(2) Ineligible projects. Ineligible projects include: NR 51.952(2)(a)(a) 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 51.952 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.92 and am., eff. 9-1-00; CR 00-135: renum. from NR 51.92 and am., Register July 2001, No. 547 eff. 8-1-01; CR 10-127: (1) renum. from 51.992 and am., am. (title), cr. (2) Register February 2012 No. 674, eff. 3-1-12; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674. NR 51.953NR 51.953 Priorities. Priority shall be given to projects that do any of the following, not listed in order of priority: NR 51.953(1)(1) Provide, maintain or operate department approved interpretive programs. NR 51.953(2)(2) Provide or maintain accessibility for people with disabilities. NR 51.953(3)(3) Assist in the restoration or rehabilitation of native plant communities and projects that protect or enhance species of special conservation needs. NR 51.953(4)(4) Maintain or operate basic facilities already provided at the property. NR 51.953 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.93, eff. 9-1-00; CR 00-135: renum. from NR 51.93, Register July 2001, No. 547 eff. 8-1-01; CR 10-127: (intro.), (3) renum. from 51.993 (intro.), (3) and am., (1), (2), (4) renum. from 51.993 (1), (2), (5), r. 51.993 (4) Register February 2012 No. 674, eff. 3-1-12. NR 51.954NR 51.954 Application, local match, and grant award procedures.
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