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.
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 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(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(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.
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.
NR 51.951
NR 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 History
History: 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 51.952
NR 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 History
History: 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 51.953
NR 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 History
History: 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 51.954
NR 51.954
Application, local match, and grant award procedures. NR 51.954(1)(a)(a) Applications shall include a description of the proposed project, a cost estimate, timetable and other information required by the department. This information shall be provided on forms provided by the department.
NR 51.954 Note
Note: Applications are available from the DNR, Bureau of Parks and Recreation, PO Box 7921, Madison, WI, 53707.
NR 51.954(1)(b)
(b) To receive a grant under this subchapter, applications shall be postmarked no later than November 15 each year.
NR 51.954(2)
(2) Local match. To qualify for a grant under this subchapter, a friends group shall have established an endowment fund for the benefit of a state park, a southern forest, a state trail, or a state recreation area and shall have entered into a written agreement with the department for operation or maintenance of state property. A friends group may only use the interest generated by the endowment fund for the purpose of providing local match.
NR 51.954(3)(a)
(a) The department shall award grants for up to 50 percent of approved total project costs. Project costs not funded with a grant under this subchapter shall be paid by local match as described in sub.
(2). The maximum amount the department may award each friends group is not more than $30,000 for each friends group in a grant cycle.
NR 51.954(3)(b)
(b) The department shall only evaluate complete applications to determine which applications shall receive grant funding. The department may advance grant funds to the successful sponsor once the sponsor can show it has 100 percent of the sponsor match.
NR 51.954 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.94 and am. (2) and (4) to (6), eff. 9-1-00;
CR 00-135: renum. from NR 51.94 and am. (2) and (4) to (6),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: (title), (2), (3) (a), (b) renum. from 51.994 (title), (3) to (5) and am., (1) (a) renum. from 51.994 (1), cr. (1) (title), (b), (2) (title), (3) (title), 51.994 (6) renum. to be 51.955
Register February 2012 No. 674, eff. 3-1-12.
NR 51.955
NR 51.955
Records Retention. Each friends group that receives a grant award under this subchapter shall maintain accurate and complete financial records of project expenses for 4 years following final payment from the department in accordance with department reporting requirements. Each friends group shall perform accounting in accordance with generally accepted accounting principles and practices. Each sponsor shall submit a final accounting of project expenditures to the property manager within 90 days of the completion of the project or by the date indicated in the grant agreement, whichever is sooner. If the project is to provide for general operations or maintenance on the property, then with the approval of the department, the final accounting of project expenditures may consist of a year-end financial statement. If actual expenses for the project are less than estimated, the friends group shall return any unused grant funds it has received with the final report.
NR 51.955 Note
Note: Copies of the department's financial reporting requirements and forms are available from the department property manager.
NR 51.955 History
History: CR 10-127: renum. from 51.994 (6) and am., cr. (title)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.960
NR 51.960
Purpose and applicability. NR 51.960(1)(1)
Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants to counties for acquisition of land pursuant to s.
23.0953 (2) (a) 1., Stats.
NR 51.960(2)
(2) Applicability. This subchapter applies to counties seeking financial assistance from the department under s.
23.0953 (2) (a) 1., Stats., to acquire land for a county forest under s.
28.11 (4), Stats., that have entered into a memorandum of agreement with the department under s.
NR 51.963.
NR 51.960 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.961
NR 51.961
Definitions. In addition to the definitions in s.
NR 51.002, the following definitions apply to this subchapter.
NR 51.961(1)
(1) “County forest comprehensive land use plan" has the meaning given in s.
28.11 (5), Stats.
NR 51.961(2)
(2) “Matching funds" means the portion of the acquisition cost which is not funded by the state, except as provided for in this subchapter.
NR 51.961 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.962
NR 51.962
Eligible applicants, eligible and ineligible projects, and matching funds. NR 51.962(1)(1)
Eligible Applicants. Only counties that have land entered in the county forest law program under s.
28.11 (4), Stats., may apply to the department for a grant under this subchapter.
NR 51.962(2)
(2) Eligible projects. Eligible projects under this subchapter are the fee simple acquisition of land for a county forest under s.
28.11, Stats.
NR 51.962(3)
(3) Ineligible projects. Projects ineligible for grants under this subchapter include:
NR 51.962(3)(a)
(a) Any property that has restrictions or other covenants that prevents or limits the property from being managed under s.
28.11 (1), Stats., or s.
23.09 (2) (d), Stats., or that would preempt the department's reversionary interests.
NR 51.962(3)(b)
(b) Any property that was acquired more than one year before a request for funding under this subchapter is submitted to the department.
NR 51.962(3)(c)
(c) Any property that is used or may be used for licensed game farms, fur farms, deer farms, shooting preserves, forest nurseries or experimental stations.
NR 51.962(3)(d)
(d) Any property used for commercial or industrial purposes inconsistent with the purposes of the county forest law under s.
28.11 (1), Stats.
NR 51.962(3)(e)
(e) Any property with a perpetual easement for a use inconsistent with the purposes of the county forest law set forth in s.
28.11 (1), Stats., and this subchapter.
NR 51.962(4)(a)
(a) To receive a grant under this subchapter, counties shall contribute matching funds that are equal to at least 50 percent of total eligible costs. Notwithstanding s.
NR 51.006 (3) (a), eligible sources of matching funds shall include any combination of the following:
NR 51.962(4)(a)3.
3. Grants or contributions from foundations, businesses, private individuals or nonprofit organizations.
NR 51.962(4)(a)5.
5. The amount of the difference between the fair market value of the land being acquired by the county, as determined by a department-approved appraisal, and the price for which the land was purchased, if the price is less than the fair market value.
