Chapter NR 47

NR 47.960 NR 47.960 Purpose and scope. The purpose of this subchapter is to establish procedures and standards for the administration of the private forest landowner grant program for weed management areas as authorized under s. 26.38 (2m) (a), Stats., and to distribute other available state and federal funds through grants for the purpose of encouraging private forest landowners and weed management groups to control invasive plant species on nonindustrial private forest land in weed management areas in a manner that benefits the state’s forest and related resources and the people of the state.

NR 47.960 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.961 NR 47.961 Applicability. This subchapter is applicable to weed management groups applying for or receiving grants under this subchapter.

NR 47.961 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.962 NR 47.962 Definitions. In addition to definitions in s. NR 47.002, the following definitions apply to this subchapter:

NR 47.962(1) (1) “Invasive plant species” means a plant that is an invasive species.

NR 47.962(2) (2) “Invasive species” has the meaning given in s. NR 40.02 (24).

NR 47.962(3) (3) “Inventory” includes surveying and mapping for invasive plant occurrences.

NR 47.962(4) (4) “Long term management plan” includes a written prioritization plan for management of invasive plants within a WMA.

NR 47.962(5) (5) “Monitor” or “monitoring” includes post-activity documentation of management activity results using methods approved by the department.

NR 47.962(6) (6) “Non-profit organizations” has the meaning given in s. NR 47.82 (2m).

NR 47.962(7) (7) “Person” has the meaning in s. 990.01 (26), Stats.

NR 47.962(8) (8) “Person participating” means a person who owns 500 acres or less of nonindustrial private forest land in the state on which a practice or portion of a practice under the grant will be implemented.

NR 47.962(9) (9) “Plant” has the meaning in s. NR 40.02 (38).

NR 47.962(10) (10) “Practice” means an activity or conservation measure intended to control invasive plant species.

NR 47.962(11) (11) “Program” means the weed management area private forest grant program authorized under s. 26.38, Stats.

NR 47.962(12) (12) “Prohibited invasive plant species” means a plant that is a prohibited invasive species.

NR 47.962(13) (13) “Prohibited invasive species” or “prohibited species” has the meaning given in s. NR 40.02 (41).

NR 47.962(14) (14) “Rapid response practice” means a practice to control or eradicate prohibited invasive plants and those invasive plants new to the state or to a region of the state as determined by the chief state forester.

NR 47.962(15) (15) “Reforestation” has the meaning given in s. NR 47.82 (5).

NR 47.962(16) (16) “Weed management area” or “WMA” means a geographic unit defined by a weed management group.

NR 47.962(17) (17) “Weed management group” or “WMG” includes persons that are concerned about invasive plants within a WMA.

NR 47.962 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.963 NR 47.963 Program administration. The department shall administer the program, within the guidance provided by the authorizing statute. Additional guidance may accompany federal funding, non-profit organization funding, and state funding other than that provided through s. 20.370 (5) (av), Stats.

NR 47.963 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.964 NR 47.964 Eligibility.

NR 47.964(1) (1) Eligible applicants.

NR 47.964(1)(a) (a) All nonindustrial private forest lands that meet the program requirements in this subchapter are eligible for assistance under the program.

NR 47.964(1)(b) (b) A WMG is eligible for assistance under the program if it consists of 3 or more persons of which at least one person shall be a person participating.

NR 47.964(1)(c) (c) Eligibility for federal funding, or non-profit organization funding, may be defined in the grant agreement through which the funding is provided. Further, additional eligibility criteria may accompany state funding other than that provided through s. 20.370 (5) (av), Stats.

NR 47.964(1)(d) (d) Non-profit organizations and government entities may be applicants as long as the funding is used on nonindustrial private forested land.

NR 47.964(2) (2) Ineligible applicants. The following applicants shall be ineligible for a grant awarded under this subchapter:

NR 47.964(2)(a) (a) An applicant that did not receive payment under s. NR 47.967 for a grant awarded under this subchapter which ended within the 24 months prior to the date the application was submitted, unless the owner ended that grant within 12 months of the award.

NR 47.964(2)(b) (b) An applicant who has violated s. NR 47.969 (1), (2), or (4).

NR 47.964(3) (3) Eligible practices. All of the following practices are eligible for grants under this subchapter. However, additional eligible practices may accompany funding for this program other than that provided through s. 20.370 (5) (av), Stats.:

NR 47.964(3)(a) (a) Education, information and outreach including publications, field days, websites, demonstrations, trainings, and planning workshops.

NR 47.964(3)(b) (b) Coordinating a WMG, which includes one-time start-up costs, a WMG coordinator salary for up to one grant cycle, assisting a WMG in the formation of partnerships, goals, and objectives for the management of the WMA.

NR 47.964(3)(c) (c) Inventory of invasive plant species occurrences.

NR 47.964(3)(d) (d) Control of invasive plant species that impact nonindustrial private forest land.

NR 47.964(3)(e) (e) Monitoring.

NR 47.964(3)(f) (f) Practices under s. NR 47.84 (2) (b) if they pertain to invasive plant management.

NR 47.964(3)(g) (g) Long term management plan development.

NR 47.964 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.965 NR 47.965 Costs.

NR 47.965(1) (1) Eligible costs.

NR 47.965(1)(a) (a) Grants under the program shall be used to distribute available state, federal or nonprofit funds for the purpose of encouraging invasive plant management in weed management areas.

NR 47.965(1)(b) (b) Eligible costs are all those identified in an application under s. NR 47.966 (3) and associated with the preparation or implementation of one or more eligible practices as approved by the chief state forester.

NR 47.965(2) (2) Ineligible costs. No person may use grant funds under this subchapter for any of the following:

NR 47.965(2)(a) (a) Costs incurred before an application for grant assistance is approved.

NR 47.965(2)(b) (b) The implementation of any practice already required by law, rule, regulation or other authority, except for a practice required in the managed forest law program under ch. 77, Stats., and except for a practice required under ch. NR 40 for prohibited and restricted terrestrial plant species.

NR 47.965(2)(c) (c) A practice not approved by the department in writing, or changes to a previously approved practice, unless authorized by the department in writing.

NR 47.965(2)(d) (d) Costs to repair damage caused by implementing a practice.

NR 47.965(2)(e) (e) Costs associated with work on public lands.

NR 47.965(2)(f) (f) Costs associated with work on industrial forests.

NR 47.965(2)(g) (g) Costs in excess of $5,000 for equipment purchase.

NR 47.965(2)(h) (h) Costs associated with traveling to and from the site.

NR 47.965 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.966 NR 47.966 Grants.

NR 47.966(1) (1) Grant calculation.

NR 47.966(1)(a) (a) A matching grant provided through s. 20.370 (5) (av), Stats., or other state funds shall be no more than 75% of the actual eligible costs depending on the availability of funds, except under par. (c). 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 47.966(1)(b) (b) A grant under the program may not exceed $15,000.00 to any WMG excluding a rapid response practice.

NR 47.966(1)(c) (c) A grant or portion of a grant awarded for work on prohibited species or early detection species may be up to 100% of the actual eligible costs depending on the availability of funds.

NR 47.966(2) (2) Grant selection system. In selecting practices for grant assistance, the department shall give preference to projects which include the following, which are not listed in order of priority:

NR 47.966(2)(a) (a) Work on the control of prohibited invasive plant species as identified in ch. NR 40.

NR 47.966(2)(b) (b) Work on the control of invasive plant species.

NR 47.966(2)(c) (c) Nonindustrial private forest land not heavily infested with invasive plant species.

NR 47.966(2)(d) (d) Nonindustrial private forest land where invasive plant species identified in the application may be contained or eradicated.

NR 47.966(2)(e) (e) Long term management plan use or development.

NR 47.966(2)(f) (f) A WMA includes more than the land owned by one person participating.

NR 47.966(3) (3) Application and approval.

NR 47.966(3)(a) (a) The application deadline is April 1 unless otherwise provided on the application form and is contingent upon availability of funds. 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 funds awarded pursuant to a nonprofit organization grant agreement may specify other application deadlines. Applications for rapid response practices can be applied for at any time.

NR 47.966 Note Note: Applications can be obtained from the department of natural resources Forestry Invasive Plant Coordinator, P.O. 7921, Madison, WI 53707-7921 and online at http://dnr.wi.gov/.

NR 47.966(3)(b) (b) The department shall make basic eligibility determinations upon receipt of an application, including whether the person participating meets nonindustrial private forest land ownership criteria and maximum acreage criteria. The department determines the amount awarded to each applicant.

NR 47.966(3)(c) (c) A WMG may only apply once per year, except that a WMG may apply any number of times per year for a rapid response practice.

NR 47.966(3)(d) (d) Annually, the department may designate a percentage of the total annual funds for:

NR 47.966(3)(d)1. 1. Rapid response practices.

NR 47.966(3)(d)2. 2. Practices that accomplish objectives or groups of objectives identified under sub. (2) (a).

NR 47.966(3)(e) (e) The department shall review applications to determine practice eligibility, based on all of the following:

NR 47.966(3)(e)1. 1. The practice is needed and feasible.

NR 47.966(3)(e)2. 2. The practice is eligible under this subchapter.

NR 47.966(3)(e)3. 3. The practice cost is determined to be at least $200 or more.

NR 47.966(3)(f) (f) Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the WMG.

NR 47.966(3)(g) (g) Upon approval of a practice, the landowner shall be notified in writing by the department or its agent.

NR 47.966(3)(h) (h) Grant awards will be determined by the department based on eligibility and availability of funds.

NR 47.966(3)(i) (i) The department shall determine the award date upon approval.

NR 47.966 History History: CR 12-029: cr. Register June 2013 No. 690, eff. 7-1-13.

NR 47.967 NR 47.967 Payment.

NR 47.967(1) (1) A WMG shall complete each practice within the period specified by the department. The department shall specify a period of up to 24 months. However, if a practice is not completed in the specified time due to conditions beyond the control of the WMG, the department may grant an extension.

NR 47.967(2) (2) Upon certification by the department that a practice has been completed in accordance with specifications, including timely submittal of reports required and determined by the department, the grant payment shall be calculated by the department and disbursed to the WMG by or at the direction of the department.