Chapter NR 51

NR 51.968(2) (2) Contract conditions.

NR 51.968(2)(a) (a) A county acquiring property with a grant under this subchapter shall meet the requirements of s. 28.11, Stats. Further, within one year of the execution of a grant contract, the county shall enter the property and any property used to meet the matching funds requirement of this subchapter into the county forest law program as stipulated in s. 28.11 (4), Stats., and amend its county forest comprehensive land use plan as required by s. 28.11 (5), Stats. The county’s failure to comply with this provision shall result in termination of the grant contract by the department and all title, rights and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment. Properties entered into the county forest law program shall be subject to management review afforded by ss. 28.11 (5) and 28.11 (6), Stats.

NR 51.968(2)(b) (b) The county may not convert any property acquired under this subchapter to any use other than that provided under s. 28.11, Stats., unless the property is withdrawn from county forest law as approved in writing by the department and provided under s. 28.11 (11), Stats. In such an instance, the county shall replace the property with a different one of at least equal value and benefit to the county forest law program as the property withdrawn.

NR 51.968(2)(c) (c) The county may not convey any permanent interest or encumbrance in property acquired under this chapter to a third party through the use of a lease or easement inconsistent with the purposes set forth in s. 28.11 (1), Stats., and this subchapter. The county may allow temporary non-exclusive use permits.

NR 51.968(2)(d) (d) A county receiving a grant under this subchapter may not discriminate against any person in the use and enjoyment of the property on the basis of age, race, creed, color, handicap, marital status, conviction record, arrest record, gender, national origin, ancestry, sexual orientation or membership in the national guard, state defense force, or any other reserve component of the military forces of the United States or this state.

NR 51.968(3) (3) Contract violations. If a county violates an essential condition of the grant contract, as identified in the grant contract, and fails to correct that violation within 6 months after written notification from the department, the county shall be in violation of the grant contract, and all title, right and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment.

NR 51.968(4) (4) Project signage. A county receiving a grant under this subchapter shall acknowledge the state’s assistance in acquiring fee title ownership of the property by placement of signs or in any other manner as approved by the department. Signage shall be in compliance with s. 23.09165 (3), Stats.

NR 51.968 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.969 NR 51.969 Grant payments.

NR 51.969(1) (1) The department shall provide grant payment in the form of an escrow check if requested by the county.

NR 51.969(2) (2) The department may issue final grant payments for miscellaneous costs after the following conditions have been satisfied:

NR 51.969(2)(a) (a) The county has submitted a reimbursement request on a form provided by the department. The county shall attach to the reimbursement request all receipts, cancelled checks, and other supporting documentation related to the project. The county shall use generally accepted accounting principles and practices in its administration of the project. The county shall retain all financial records associated with the project for a period of 4 years after the department issues final payment.

NR 51.969 Note Note: Reimbursement request forms are available from any department region office or the DNR Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.

NR 51.969(2)(b) (b) The county has complied with all requirements and conditions under this subchapter and the grant contract.

NR 51.969(3) (3) The county shall submit all claims for payment on department prescribed forms within 6 months of the project period end date.

NR 51.969(4) (4) The department may withhold final payment of the grant amount until the county has complied with all project, legal, and program requirements.

NR 51.969 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

subch. XVIII of ch. NR 51 Subchapter XVIII — Grants to Counties Assisting the Department

NR 51.970 NR 51.970 Purpose and applicability.

NR 51.970(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 or rights in land pursuant to s. 23.0953 (2) (a) 2., Stats.

NR 51.970(2) (2) Applicability. This subchapter applies to counties assisting the department with any land acquisition project under s. 23.0917 (3), Stats.

NR 51.970 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.971 NR 51.971 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Matching funds” means the portion of the acquisition cost which is not funded by the state.

NR 51.971 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.972 NR 51.972 Eligible grantees. Only counties that have been asked in writing by the secretary or his or her designee to assist with the acquisition of title in fee simple or conservation easement acquisition are eligible to receive a grant under this subchapter.

NR 51.972 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.973 NR 51.973 Eligible and ineligible projects.

NR 51.973(1) (1) Eligible projects. Projects eligible for grants under this subchapter are title in fee simple or conservation easement acquisition of land for the purpose of conservation or providing nature-based outdoor activities as defined in s. 23.09 (2) (d), Stats.

NR 51.973(2) (2) Ineligible projects. Projects ineligible for grants under this subchapter include:

NR 51.973(2)(a) (a) Any property that has restrictions or other covenants that prevent or limit the property from being managed for conservation or public recreational purposes under s. 23.09 (2) (d), Stats., or that would preempt the department’s reversionary interests.

NR 51.973(2)(b) (b) 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 51.973(2)(c) (c) Any property used for commercial or industrial purposes.

NR 51.973 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.974 NR 51.974 Eligible and ineligible costs.

NR 51.974(1) (1) Eligible costs. Eligible costs include all the components under ss. NR 51.002 (1) and NR 51.006 (2). The department shall consider as eligible those project costs incurred up to one year before the date on which the department requested assistance in writing, provided that the county can demonstrate a need to proceed with the purchase at the earlier time.

NR 51.974(2) (2) Ineligible costs. Costs not listed as eligible shall not be funded by a grant under this subchapter. Ineligible costs include environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in s. NR 51.002 (1).

NR 51.974 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.975 NR 51.975 Project data and matching funds.

NR 51.975(1) (1) Project data. No application is required by counties that are assisting the department.

NR 51.975(1)(a) (a) The department shall provide the following:

NR 51.975(1)(a)1. 1. A comprehensive description of the property to be acquired, including proposed land use, future operation and maintenance plans, and public access provisions consistent with ch. NR 52.

NR 51.975(1)(a)2. 2. A map of the property that identifies items such as land forms, water features, forest types, trail systems and wildlife habitat.

NR 51.975(1)(a)3. 3. A completed checklist as provided under s. NR 52.03 (2) (a).

NR 51.975(1)(a)4. 4. An estimate of eligible project costs as provided under s. NR 51.965 (1).

NR 51.975(1)(a)5. 5. A real estate option or offer to purchase signed by the seller.

NR 51.975(1)(a)6. 6. A letter of intent, signed by the department secretary or its designee, addressed to the county, indicating the department’s commitment with regard to the parcel in question.

NR 51.975(1)(b) (b) The county shall provide the following:

NR 51.975(1)(b)1. 1. Proof of matching funds for the project, consistent with s. NR 51.975 (2).

NR 51.975(1)(b)2. 2. A resolution approved by its governing body that indicates the county’s willingness to assist the department and the availability of matching funds.

NR 51.975(1)(b)3. 3. A management plan for the property developed by the county.

NR 51.975(2) (2) Matching funds. To receive a grant under this subchapter, counties shall contribute matching funds that are equivalent to at least 50 percent of total project costs. Notwithstanding s. NR 51.006 (3) (a), eligible sources of matching funds shall include any combination of the following:

NR 51.975(2)(a) (a) Cash from the sponsor.

NR 51.975(2)(b) (b) Funds generated by local or federal governments.

NR 51.975(2)(c) (c) Grants or contributions from foundations, businesses, private individuals, or nonprofit organizations.

NR 51.975(2)(d) (d) 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.

NR 51.975(2)(e) (e) The fair market value of land or land rights already in public ownership acquired by the county not more than one year prior to the date the department submits a request in writing to the county under s. NR 51.972, if the department determines that land is suitable as stewardship program match.

NR 51.975(2)(f) (f) Fifty percent of the fair market value of land or land rights owned by the county at the time of application that was acquired by the county more one year prior to the date the department submits a request in writing to the county under s. NR 51.972, if the department determines that land or land rights are suitable as stewardship program match.

NR 51.975 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.976 NR 51.976 Grant contract and contract violations.

NR 51.976(1) (1) Grant contract. The department shall formalize each grant award by also issuing a grant contract to each successful county. The grant contract shall recognize the department’s interest in the property acquired and shall ensure that the county provides adequate land management and property maintenance in accordance with the management plan submitted to the department. The county shall record the grant contract on the property deed at the county register of deeds office.

NR 51.976(2) (2) Contract violations. If a county violates any condition of the grant contract and fails to correct that violation within 6 months after written notification from the department, the county shall be in violation of the grant contract, and all title, right, and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment.

NR 51.976 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.977 NR 51.977 Grant payments.

NR 51.977(1) (1) The department shall provide grant payment in the form of an escrow check if requested by the county.

NR 51.977(2) (2) The department may issue final grant payments for miscellaneous costs after the following conditions have been satisfied:

NR 51.977(2)(a) (a) The county has submitted a reimbursement request on a form provided by the department. The county shall attach to the reimbursement request all receipts, cancelled checks, and other supporting documentation related to the project. The county shall use generally accepted accounting principles and practices in its administration of the project. The county shall retain all financial records associated with the project for a period of 4 years after the department issues final payment.

NR 51.977 Note Note: Reimbursement request forms are available from any department region office or the DNR bureau of community financial assistance, Box 7921, Madison, WI 53707.

NR 51.977(2)(b) (b) The county is in compliance with all requirements and conditions under this subchapter and the grant contract.

NR 51.977(3) (3) The county shall submit all claims for payment on department prescribed forms within 6 months of completion of the project or the project period end date, whichever comes first.

NR 51.977(4) (4) The department may withhold final payment of the grant amount until the county has complied with all project, legal, and program requirements.

NR 51.977 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

subch. XIX of ch. NR 51 Subchapter XIX —Grants for Recreational Boating Aids

NR 51.980 NR 51.980 Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants pursuant to s. 30.92, Stats., that are funded under s. 23.0917 (4j), Stats.

NR 51.980 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.981 NR 51.981 Applicability. This subchapter applies to all grants awarded under s. 23.0917 (4j), Stats.

NR 51.981 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.982 NR 51.982 Definitions. Definitions for this subchapter are found in s. NR 7.02, except “Local Governmental Units” has the definition given in s. 23.0917 (4j) (a), Stats.

NR 51.982 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.983 NR 51.983 Eligible applicants. Eligible applicants include local governmental units as defined in s. 23.0917 (4j) (a), Stats.

NR 51.983 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.984 NR 51.984 Eligible and ineligible projects.

NR 51.984(1) (1) Eligible projects. Projects eligible for a maximum of 50 percent funding under this subchapter are defined in ss. NR 7.05 (1) to (9), and (11), except components of these sections that do not have a useful life of at least 5 years.

NR 51.984(2) (2) Ineligible projects. Projects not eligible for funding under this subchapter include requests for planning grants or parts of projects that do not have a useful life of at least 5 years.

NR 51.984 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.985 NR 51.985 General provisions. General provisions applicable for this subchapter are listed in s. NR 7.04.

NR 51.985 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.986 NR 51.986 Grant application content and matching funds. Sponsors shall comply with the provisions of ss. NR 7.08, 7.083, 7.084, 7.085, and 7.087 when requesting funds under this subchapter.

NR 51.986 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12.

NR 51.987 NR 51.987 Grant awards. A grant under this subchapter shall be awarded in compliance with s. NR 7.09. If, by the date of a grant award, a project sponsor fails to establish boat launch fees as a method to pay for maintenance of existing landings under the sponsor’s jurisdiction, the Waterways Commission may reduce that grant award by a percentage to be determined by the Commission during each grant cycle and not to exceed 25 percent of the total grant award amount.