Chapter NR 47

NR 47.84(2)(a)4. 4. Map or aerial photograph showing the property with stands delineated and uniquely labeled.

NR 47.84(2)(a)5. 5. Property overview, i.e., general location, major forest types, general landforms, relevant description of the landscape, etc. Also include discussion of any known threatened or endangered species. (Usually one paragraph).

NR 47.84(2)(a)6. 6. General discussion of landowner goals and the expected effects of achieving these goals on the soil and water, wildlife, recreation/aesthetics, timber and other natural resources. This may be included either as a separate item or as part of the stand recommendations.

NR 47.84(2)(a)7. 7. Stand descriptions and recommendations including: Unique stand identification keyed to the map: vegetation cover type; size class; size (acres); soil characteristics and erodibility (may be covered in a general paragraph if the description is applicable to the whole property); stand objective and its relationship to the landowner goals for the property; recommendations and a short discussion of the effects of such actions on the soil and water, wildlife, recreation/aesthetics and timber resources. Discussion of the effects is not necessary on a stand-by-stand basis if covered in the general discussion.

NR 47.84(2)(a)8. 8. Activity schedule showing all stands and approximate year of recommended actions for a 5-year period. Include all stands, even if no action is recommended.

NR 47.84(2)(a)9. 9. Contain practices that protect and enhance soil and water quality; threatened, rare or endangered species or communities; sustainable forestry; habitat for fish and wildlife; and the recreational, aesthetic and environmental benefits that the forest land provides.

NR 47.84(2)(b) (b) Practices. The following practices are eligible for grants under this subchapter if the land is subject to a department approved forest stewardship landowner management plan. However, additional restrictions on eligible practices may accompany funding for this program other than that provided through s. 20.370 (5) (av), Stats.

NR 47.84 Note Note: All practices will strongly encourage the use of native plant and animal species where practical.

NR 47.84(2)(b)1. 1. Reforestation and afforestation which includes establishment or reestablishment of diverse stands of native forest trees through natural regeneration, planting or direct seeding for conservation purposes and sustainable timber production.

NR 47.84(2)(b)2. 2. Forest improvement which includes practices to increase tree growth, tree quality, biological diversity, tree vigor and forest health.

NR 47.84(2)(b)3. 3. Soil and water protection and improvement which includes the maintenance or improvement of water quality and soil productivity, and the reduction of erosion on forest and related land.

NR 47.84(2)(b)4. 4. Wetland and riparian protection and improvement which includes the management, protection, and improvement of wetlands and riparian areas to maintain water quality, protect and improve wetlands and riparian areas, reduce sedimentation, and enhance or improve habitat for fish or wildlife species.

NR 47.84(2)(b)5. 5. Terrestrial wildlife and habitat enhancement which includes the establishment, management, and enhancement of permanent habitat for game and non-game wildlife species.

NR 47.84(2)(b)6. 6. Forest historic cultural and archeological site protection.

NR 47.84(2)(b)7. 7. Endangered, threatened, or rare natural resource protection, management, restoration, and enhancement targeted at threatened or endangered species habitat maintenance or enhancement and management of significant natural communities or rare native vegetation.

NR 47.84 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99; CR 02-074: cr. (1) (c), am. (2) (b) Register November 2002 No. 563, eff. 12-1-02; CR 12-029: am. (1) (c), cr. (1m), r. and recr. (2) (b) 4. to 7., r. (2) (b) 8. Register June 2013 No. 690, eff. 7-1-13.

NR 47.85 NR 47.85 Costs.

NR 47.85(1) (1) Eligible costs.

NR 47.85(1)(a) (a) Grants under the program shall be used to prepare management plans or manage the following lands under an approved landowner forest stewardship plan:

NR 47.85(1)(a)1. 1. All of the nonindustrial private forest land with existing tree cover within a contiguous tract.

NR 47.85(1)(a)2. 2. Other nonindustrial private forest land within the same contiguous tract which is identified by the landowner and approved by the department as suitable for the approved program practice scheduled.

NR 47.85(1)(a)3. 3. Other contiguous related lands included in the forest stewardship plan, such as water, streams and stream corridors, wetlands, marshes, savannas, barrens and prairies.

NR 47.85(1)(b) (b) To be eligible for a grant under this program, one or more eligible practices shall be identified in the forest stewardship plan, except that a grant may be awarded for the development of a forest stewardship plan.

NR 47.85 Note Note: See s. NR 47.86 for eligible practices.

NR 47.85(1)(c) (c) Eligible costs are all those associated with the preparation or installation of a specific practice as approved by the state forester.

NR 47.85(2) (2) Ineligible costs.

NR 47.85(2)(a) (a) No person may use grant funds under this subchapter for any of the following:

NR 47.85(2)(a)1. 1. Costs incurred before an application for grant assistance is approved.

NR 47.85(2)(a)2. 2. The implementation of any practice already required by law, rule, regulation or other authority, except for those practices required in the managed forest law program under ch. 77, Stats.

NR 47.85(2)(a)3. 3. Repairs or normal upkeep or maintenance of any practice, except those necessary to ensure seedling or shrub survival, restore prairies, barrens or savannas, control invasive species or other instances where several years of practice implementation are necessary to properly establish a practice, as determined by the department.

NR 47.85(2)(a)4. 4. As a match or in combination with any other public funds.

NR 47.85(2)(a)5. 5. Practices not approved by the department in writing, or changes to a previously approved practice, unless authorized by the department in writing.

NR 47.85(2)(b) (b) Except as authorized by the department, grant assistance may not be paid for repeating practices on the same site by the same landowner which have been implemented under the forestry incentives program or any other federal, state or local government programs, except where the practices are repeated due to a failure of a prior practice without fault of the landowner.

NR 47.85 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99; CR 02-074: cr. (2) (a) 4. and 5. Register November 2002 No. 563, eff. 12-1-02; emerg. am. (2) (a) 2., eff. 10-4-05; CR 05-087: am. (2) (a) 2. Register May 2006 No. 605, eff. 6-1-06.

NR 47.86 NR 47.86 Grants.

NR 47.86(1) (1) Grant calculation.

NR 47.86(1)(a) (a) A matching grant provided through s. 20.370 (5) (av), Stats., or other state funds may not be more than 75% of the actual eligible costs depending on availability of funds. If a federal or nonprofit organization grant agreement provides for cost-share limitations different from those specified in this subsection, the cost-share rate from funds provided through the federal or nonprofit organization grant agreement may apply.

NR 47.86(1)(b) (b) An annual grant under the program may not exceed $10,000 or be less than $100 for any individual, person, or project.

NR 47.86(2) (2) Grant selection system.

NR 47.86(2)(a) (a) In selecting practices for grant assistance, the department shall give preference to projects which are directed to accomplish one or more of the following; these are not listed in order of priority:

NR 47.86(2)(a)1. 1. Establish or reestablish forests through various methods of regeneration, including planting, direct seeding or natural regeneration.

NR 47.86(2)(a)2. 2. Improve forest stand productivity, stand vigor, forest health, and the value and quality of wood products.

NR 47.86(2)(a)3. 3. Encourage sustainability of forest lands.

NR 47.86(2)(a)4. 4. Provide protection of soil and water resources.

NR 47.86(2)(a)5. 5. Include additional land under written forest stewardship management plans.

NR 47.86(2)(a)6. 6. Provide protection and enhancement of riparian area and wetlands.

NR 47.86(2)(a)7. 7. Provide protection and enhancement of terrestrial wildlife habitat.

NR 47.86(2)(a)8. 8. Provide endangered, threatened or rare species habitat enhancement and natural community habitat maintenance and enhancement.

NR 47.86(3) (3) Application and approval.

NR 47.86(3)(a) (a) Application deadlines are as follows unless otherwise provided on the application, and are contingent upon availability of funds: May 1 and August 1. State funds for this program other than those provided through s. 20.370 (5) (av), Stats., federal funds awarded pursuant to a federal grant agreement and nonprofit organization funds awarded pursuant to a nonprofit organization grant agreement may specify other application deadlines.

NR 47.86 Note Note: Applications can be obtained from the local department of natural resources forester or from the State Forester, P.O. 7921, Madison, WI 53707-7921.

NR 47.86(3)(b) (b) The department shall make basic eligibility determinations, including whether the applicant meets nonindustrial private forest land ownership criteria and minimum and maximum acreage criteria.

NR 47.86(3)(c) (c)

NR 47.86(3)(c)1. 1. Annually, the department may designate a percentage of the total annual funds for any of the following:

NR 47.86(3)(c)1.a. a. A statewide forestry emergency, as designated by the chief state forester. A statewide forestry emergency includes, but is limited to natural and man-made events which cause large areas of forest mortality due to wind, ice, hail, flooding, forest fires, forest insect, or disease.

NR 47.86(3)(c)1.b. b. Practices that accomplish objectives or groups of objectives identified under sub. (2) (a).

NR 47.86(3)(c)2. 2. If funds are available following distribution under subd. 1. a. and b., the funds may be distributed on a first-come-first-serve basis to any approved applications awaiting funding.

NR 47.86(3)(d) (d) Applications not able to be funded during one application period will be held until the subsequent application period unless the landowner requests the application be canceled.

NR 47.86(3)(e) (e) The department shall review applications to determine practice eligibility, based on the following:

NR 47.86(3)(e)1. 1. Consistency with a department approved landowner forest stewardship plan unless the applicant is applying for a grant to develop one.

NR 47.86(3)(e)2. 2. The practice is needed and feasible.

NR 47.86(3)(e)3. 3. The practice is eligible under this subchapter.

NR 47.86(3)(e)4. 4. The practice cost is determined to be at least $200 or more.

NR 47.86(3)(e)5. 5. Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the landowner.

NR 47.86(3)(e)6. 6. Upon approval of a practice, the department shall prepare a practice outline that identifies the needed technical practices, specifications, and approximate time frames for the implementation of the practice, to achieve the objectives of the practice. The outline shall be attached to and become part of the landowner forest stewardship plan and shall be effective for the duration of the practice. The requirements in the practice outline shall constitute the basis for determining acceptable performance upon practice completion.

NR 47.86(3)(e)7. 7. Upon approval of a practice, the landowner shall be notified in writing by the department or its agent. The notice shall state that the landowner can begin implementing the approved practice.

NR 47.86(3)(e)8. 8. Within 8 weeks of the end of the batching period, the department shall notify the landowner as to the status of his or her application.

NR 47.86 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99; CR 02-074: am. (1) (a), (3) (a), (c), (e) 1. and 4. Register November 2002 No. 563, eff. 12-1-02; emerg. am. (3) (a), r. and recr. (3) (c) 2. and 3., eff. 10-4-05; CR 05-087: am. (3) (a), r. and recr. (3) (c) 2. and 3. Register May 2006 No. 605, eff. 6-1-06; CR 12-029: am. (1), (3) (a), r. and recr. (3) (c), am. (3) (e) 8. Register June 2013 No. 690, eff. 7-1-13.

NR 47.87 NR 47.87 Payment to landowners.

NR 47.87(1) (1) A landowner shall complete each practice within 24 months of approval. However, if a practice is not completed in 24 months due to conditions beyond the landowner’s control, the department may grant an extension.

NR 47.87(2) (2) Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the department or its agent.

NR 47.87(3) (3) A practice may consist of one or more component activities. A landowner may receive partial payment for completed components, with approval of the department forester, on the condition that the landowner agrees to complete the remaining components of the practice within the time period specified by the department, not to exceed 24 months following approval to implement the practice, unless an extension is justified as provided in sub. (1).

NR 47.87(4) (4) Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner’s control, the department may approve grant payment under one of the following conditions:

NR 47.87(4)(a) (a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or

NR 47.87(4)(b) (b) The landowner establishes to the satisfaction of the department that the following have been met:

NR 47.87(4)(b)1. 1. A reasonable effort was made to meet the minimum requirements.

NR 47.87(4)(b)2. 2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.

NR 47.87(5) (5) Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner’s control, the department shall require that trees be re-established and shall approve grant assistance for the activity.

NR 47.87(7) (7) To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the state forester.

NR 47.87(8) (8) Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the department for payments on the practices. The state forester may discount the reimbursement owed the department by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the department shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.

NR 47.87(9) (9) No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.

NR 47.87 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99; emerg. r. (9), renum. (10) to be (9), eff. 10-4-05; CR 05-087: r. (9), renum. (10) to be (9) Register May 2006 No. 605, eff. 6-1-06; CR 12-029: am. (1), (3), r. (6) Register June 2013 No. 690, eff. 7-1-13.

NR 47.88 NR 47.88 Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.

NR 47.88 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99.

NR 47.89 NR 47.89 Enforcement.

NR 47.89(1) (1) If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.

NR 47.89(2) (2) If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.

NR 47.89(3) (3) Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.

NR 47.89 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99.