Chapter NR 51

NR 51.002(3m) (3m) “Comprehensive outdoor recreation plan” or “CORP” means the document prepared and adopted by governmental units that summarize planning efforts for recreation, open space preservation, and resource protection. A “CORP” may include goals for acquisition, preservation, and development as well as specific park plans, facility plans, funding requests, and implementation plans for development projects.

NR 51.002 Note Note: These plans typically cover 5 years.

NR 51.002(4) (4) “Conservation organization” means a nonprofit corporation formed under ch. 181, Stats., that meets all of the following conditions:

NR 51.002(4)(a) (a) One of the purposes of the organization is to protect, enhance, or restore the state’s natural resources for the benefit of the general public.

NR 51.002(4)(b) (b) The organization is not a nonprofit organization as that term is defined in s. 23.197 (4) (a) 1., Stats.

NR 51.002(5) (5) “Cooperative agreement” means an agreement between a conservation organization and nonprofit organization under s. 23.197 (4) (b), Stats., setting forth the obligations of each.

NR 51.002(5m) (5m) “Current owner”, for the purposes of s. 23.0917 (7) (b) to (d), Stats., means the owner who sells the property to the sponsor.

NR 51.002(5r) (5r) “Dedicated match” means sponsor match that is dedicated or restricted by the donor or funding source to be used exclusively for a particular parcel.

NR 51.002(6) (6) “Department” means the department of natural resources.

NR 51.002(6d) (6d) “Department appraisal guidelines” means the department procedures by which contracted appraisers are required to assess the fair market value of a property where the title is to be acquired in fee simple or easement with funds under this chapter.

NR 51.002 Note Note: A copy of the department appraisal guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.

NR 51.002(7) (7) “Development project” means the construction, renovation, or modification of structures, utilities, facilities, landscaping, or restoration or enhancement of natural communities and other department-approved improvements for the purposes of nature-based outdoor recreation.

NR 51.002(7d) (7d) “Development rights” means the rights of a landowner to develop their property as allowed under state and local laws and ordinances.

NR 51.002(8) (8) “Easement” means a conservation easement as defined in s. 700.40 (1) (a), Stats.

NR 51.002(8m) (8m) “Fair market value” means the dollar value assigned to a property by a department-approved appraisal conducted in accordance with department appraisal guidelines for grants issued under this chapter.

NR 51.002(9) (9) “Fiscal year” means the period beginning on July 1 of one year and ending on June 30 of the following calendar year.

NR 51.002(10) (10) “Fringe benefits” means an employer’s costs for an employee’s social security, life and health insurance, unemployment insurance, worker’s compensation insurance, retirement and authorized absences such as annual, sick, court or military leave. These costs must be equitably distributed to all employee labor activities.

NR 51.002(11) (11) “Governmental unit” means a town, village, city, county, tribe, or the Kickapoo reserve management board.

NR 51.002(12) (12) “Grant agreement” means an unrecorded contract between a sponsor and the department setting forth the obligations of each.

NR 51.002(13) (13) “Grant contract” means a recorded contract between a sponsor and the department setting forth the obligations of each party.

NR 51.002(13m) (13m) “Habitat area” or “HA” means a project that addresses the important habitat needs of wildlife in the state as specified in s. NR 51.45 (1) (a).

NR 51.002(14) (14) “Habitat restoration project” means the implementation of a specific activity or set of activities to restore or enhance wildlife or fish habitat, natural communities or shorelines.

NR 51.002(15) (15) “Indirect costs” are those ordinary operating expenses of the sponsor not directly related to a specific stewardship project.

NR 51.002 Note Note: Indirect costs are generally administrative in nature, and are typically incurred for multiple purposes. Examples of indirect costs include, but are not limited to, utilities, administrative salaries, postage and other expenses that are not supported by time reports or other documentation that identifies the expenditure as directly assignable to a stewardship project.

NR 51.002(16) (16) “IRS” means the United States internal revenue service.

NR 51.002(17) (17) “Land management plan” means a plan approved by the department detailing how property acquired by a nonprofit conservation organization or a conservation organization with grants under this chapter shall be managed, maintained, and used by the public.

NR 51.002(17d) (17d) “Land management practice” means a practice, technique or measure approved by the department that is determined to be an effective, practicable means of protecting, restoring or enhancing wildlife or fish habitat.

NR 51.002(17m) (17m) “Landowner” means any individual, partnership, corporation, city, village, town, county, tribe, nonprofit organization, taxing authority or other person holding title to the land by title in fee simple.

NR 51.002(18) (18) “Middle kettle moraine” means a corridor of land in southeastern Wisconsin between the northern and southern units of the Kettle Moraine state forest that is within the kettle interlobate moraine physiographic or geologic region. This corridor includes a northeast-to-southwest diagonal set of linear features composed of sand and gravel from 2 glacial lobes. It is characterized by distinctive glacially-formed features including kettle holes, kames, eskers, crevasse fills and glacial spillways. The corridor includes natural areas, wildlife habitat, aquatic systems, environmental corridors, outdoor recreation areas and connecting trails.

NR 51.002 Note Note: Information pertaining to the location of the kettle interlobate moraine physiographic region may be found in A Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin, page 84, by the Southeastern Wisconsin Regional Planning Commission, or The Quaternary Geology of Ozaukee and Washington Counties, Wisconsin, Bulletin 19, pages 17-18 by the Wisconsin Geological and Natural History Survey. These publications are available from the Southeastern Wisconsin Regional Planning Commission, W239 N1812 Rockwood Drive, Box 1607, Waukesha, Wisconsin 53187.

NR 51.002(19) (19) “Nature-based outdoor recreation” means activities where the primary focus or purpose is the appreciation or enjoyment of nature. These activities may include but are not limited to hiking, bicycling, wildlife or nature observation, camping, nature study, fishing, hunting, trapping, public shooting range, boating, picnicking, cross-country skiing, canoeing, and multi-use trail activities. Eligible support facilities for these activities may include but are not limited to access roads, parking areas, utility and sanitation systems, sanitary and shelter building, signs, interpretive items, and other features that enhance nature-based outdoor recreation or improved disabled accessibility. Playgrounds and playground facilities that supplement the appreciation of nature, occupy a minor portion of the grant property, and do not distract from the primary purpose of the grant project may be considered an eligible support facility. Ineligible activities include but are not limited to sports that require extensively developed open space such as dedicated sports fields, swimming pools and tennis courts.

NR 51.002(20) (20) “Natural heritage inventory database” means a database containing the location and biological status of each natural community and rare species that has been inventoried and evaluated by the natural heritage inventory program.

NR 51.002(21) (21) “Nonprofit conservation organization” has the meaning in s. 23.0955 (1), Stats., and whose bylaws, charter or incorporation papers reflect as a purpose of the organization the acquisition of property for conservation purposes.

NR 51.002(22) (22) “Nonprofit organization” has the meaning in s. 23.197 (4) (a) 1., Stats.

NR 51.002(23) (23) “Parcel” means a tract of land which is being conveyed by one deed.

NR 51.002(24) (24) “Project period” means the length of time specified in a grant agreement or grant contract during which all work shall be accomplished in order to be eligible for reimbursement.

NR 51.002(25) (25) “Property” means land or rights in land.

NR 51.002(26) (26) “Region” means one of the 5 department administrative areas within the state.

NR 51.002 Note Note: The addresses of each of the region offices are as follows:

NR 51.002 Note Southeast Region, 2300 N. Dr. Martin Luther King, Jr. Dr., Milwaukee, WI 53212

NR 51.002 Note South Central Region, 3911 Fish Hatchery Rd., Fitchburg, WI 53711

NR 51.002 Note West Central Region, 1300 W. Clairemont Ave., Eau Claire, WI 54702

NR 51.002 Note Northeast Region, 2984 Shawano Ave., Green Bay, WI 54307

NR 51.002 Note Northern Region, 810 W. Maple St., Spooner, WI 54801

NR 51.002 Note Northern Region, 107 Sutliff Ave., Rhinelander, WI 54501

NR 51.002(26e) (26e) “Residual value” means any fair market value from an approved property donation that is not utilized as sponsor match in a grant application that may be used for sponsor match in subsequent grant applications.

NR 51.002(26m) (26m) “Reversionary interest” means the right of the department to assume ownership of a property acquired with a grant under this chapter as specified in the grant contract, and under s. 23.096 (5), Stats.

NR 51.002(26s) (26s) “SCORP” means the statewide comprehensive outdoor recreation plan prepared by the department.

NR 51.002 Note Note: A copy of the SCORP is available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.

NR 51.002(27) (27) “Sponsor” means the city, village, town, tribe, county, nonprofit conservation organization, conservation organization, lake sanitary district as defined in s. 30.50 (4q), Stats., public inland lake protection and rehabilitation district, or Kickapoo reserve management board that is applying for or has received a grant under this chapter.

NR 51.002(28) (28) “Sponsor match” means that portion of the acquisition or development cost which is not funded by the state. Eligible sources of sponsor match may include cash from the sponsor; funds generated by local or federal governments; grants or contributions from foundations, businesses, private individuals or nonprofit organizations; property contributions from a third party if the contribution is made within 3 years of the acquisition of the property, and is considered by the department to be eligible for a stewardship grant from the same program as the property being purchased, and was not originally purchased in whole or in part with state funds; property acquired by the sponsor within 3 years of the acquisition if the property was not purchased with state funds; and property value donated by the property owner.

NR 51.002(29) (29) “Stewardship” or “stewardship program” means the conservation, property acquisition and outdoor recreation programs specified in ss. 23.09 (2) (d), (2dm), (2p), (2q), (2r), (19), (20) and (20m), 23.0915, 23.0917, 23.092, 23.094, 23.096, 23.098, 23.17, 23.175, 23.197, 23.198, 23.27 (4), (5) and (6), 23.293 (4) and (5), 30.24 and 30.277, Stats.

NR 51.002(29m) (29m) “Stewardship advisory council” means a group appointed by the department secretary to advise the department on stewardship matters. The council shall consist of users of the stewardship grant program and other citizens.

NR 51.002(30) (30) “Stewardship grant” means a grant awarded to a sponsor under this chapter.

NR 51.002(31) (31) “Sustainable technology” means technologies that reduce the dependence or fossil fuels and conserve water.

NR 51.002(32) (32) “Tribe” means a federally recognized tribe or band of tribe in this state.

NR 51.002 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26), eff. 9-1-00; CR 00-135: am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26), Register July 2001, No. 547 eff. 8-1-01; correction in (5m) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 10-127: am. (1), (3), (4) (a), (7), (9), (11), (13), (17), (19), (24), (27), (28), (30), cr. (2m), (3m), (5r), (6d), (7d), (8m), (13m), (26e), (26m), (26s), (29m), (31), (32), (17d), (17m) renum. from 51.42 (4), (5) and am. Register February 2012 No. 674, eff. 3-1-12; CR 13-022: am. (1) Register March 2014 No. 699, eff. 4-1-14.

NR 51.003 NR 51.003 Variances. The department may approve in writing a variance from a requirement of this chapter if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best interest of the stewardship program. Before approving a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the sponsor, financial hardship and landowner demands. The department may seek the advice of the stewardship advisory council before issuing a variance. The department may not grant variances from statutory requirements.

NR 51.003 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

NR 51.004 NR 51.004 Grants to conservation organizations.

NR 51.004(1) (1) Under s. 23.197 (4), Stats., the department may award one stewardship grant per group to conservation organizations that have entered into a cooperative agreement with a nonprofit organization to apply for the grant. The cooperative agreement shall be on a form approved by the department.

NR 51.004(2) (2) Stewardship grants to conservation organizations shall be for up to 50 percent of eligible project costs. A grant shall be at least $2,500 and may not exceed $20,000, which may be paid in multiple installments during the duration of the stewardship program under s. 23.197 (4), Stats.

NR 51.004(3) (3) The stewardship grant may be used for habitat restoration projects under s. NR 51.46 or for property acquisition for the purposes described in s. NR 51.05, except that conservation organizations may not receive grants for the Baraboo hills under subch. X or bluff protection under subch. IV.

NR 51.004(4) (4) A conservation organization and nonprofit organization that enter into a cooperative agreement to apply for a stewardship grant shall also enter into a grant contract with the department if a grant is awarded. The grant contract shall contain restrictions and conditions on the use of stewardship grant funds and on any property acquired with those funds.

NR 51.004(5) (5) Title to property acquired with a stewardship grant awarded to a conservation organization shall vest in the nonprofit organization. If the nonprofit organization or conservation organization violates any essential provision of the grant contract, as described in s. NR 51.07 (3), title to the land shall vest in the state.

NR 51.004(6) (6) Conservation organizations applying for grants for property acquisition shall meet all the requirements of this chapter. The department shall evaluate the property according to the eligibility criteria and priorities in ss. NR 51.05 and 51.06.

NR 51.004(7) (7) The department shall evaluate applications for grants for habitat restoration projects according to the standards in s. NR 51.46.

NR 51.004(8) (8) The department may delegate to a nonprofit organization receiving the grant under s. 23.0956, Stats., administration of stewardship grants to conservation organizations, as set forth in s. 23.197 (4), Stats.

NR 51.004 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. (6) Register February 2012 No. 674, eff. 3-1-12.

NR 51.005 NR 51.005 General requirements for all grants.

NR 51.005(1) (1) The sponsor shall remit to the department that percentage of all revenues from the sale of any structures, improvements, or personal property that were included in the appraisal and subsequent acquisition cost equal to the percentage of cost-sharing received under this chapter.

NR 51.005(2) (2) Income accruing to property receiving a grant under this chapter shall be used to further the objectives of the project as stated in the grant contract unless the department authorizes the income to be used to further the objectives of another stewardship project or the property is entered into the county forest law program under s. 28.11, Stats. If the property is entered into the county forest law program, income derived from the property shall be distributed according to s. 28.11, Stats.

NR 51.005(3) (3) The sponsor may charge reasonable entrance, service or user’s fees to defray operation and maintenance costs. Such costs shall be approved by the department. Fees for hunting permits shall be consistent with s. 23.09165 (3) (h), Stats. This subsection shall not apply to subchapter XVII.

NR 51.005(4) (4) Sponsors shall comply with applicable state and federal regulations including bidding and awarding contracts, land acquisition, relocation, wage and labor rates, general and special zoning, land use permit requirements, access for persons with disabilities, flood disaster protection, environmental quality, and historical and archaeological preservation.

NR 51.005(5) (5) A sponsor shall agree to comply with program requirements under this chapter for a property purchased or developed with a stewardship grant in perpetuity. Unless otherwise noted in the grant agreement or contract, a sponsor shall be responsible for operation and maintenance of any property or facility for which stewardship funds have been issued.

NR 51.005(6) (6) Property transactions shall be subject to ss. 32.19 to 32.27, Stats., and relocation assistance shall be subject to ch. Adm 92.

NR 51.005 Note Note: The following information is from ch. Adm 92. Under s. Adm 92.01 (14), “an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power” is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property. Under s. Adm 92.01 (14) (b) 4., a “tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project” but who can remain permanently on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move. Under s. Adm 92.01 (33), relocation assistance shall apply to all stewardship grants where the total of stewardship grants and all other public financial assistance or direct government acquisition costs in a project are at least $25,000 for a project with total costs of less than $50,000; or at least 50 percent in a project having total costs of $50,000 or more.

NR 51.005(7) (7) Sponsors 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 military status.

NR 51.005(8) (8) Negotiations between the sponsor and landowner shall be conducted on a willing seller - willing buyer basis. The department may require the sponsor to inform the landowner in writing that the sponsor may apply for a stewardship grant.

NR 51.005(9) (9) The department shall have access to land acquired or developed with a stewardship grant in order to monitor compliance with the grant contract or carry out any management activity necessary to ensure the public’s rights and safety. The department may require project sponsors to conduct self-inspections of these properties and periodically submit reports to the department.

NR 51.005(10) (10) With prior written approval of the department, the sponsor may transfer the property acquired under this chapter to a third party that is not a creditor of the organization and that is eligible to receive a grant under this chapter, or is an agency of the state of Wisconsin or U.S. government. Department approval of the transfer is not valid until the assignment is signed by the department and recorded in the appropriate county register of deeds office. Except as provided in s. NR 51.968 (2) (b), transfers of property shall include all of the following conditions:

NR 51.005(10)(a) (a) All conditions and restrictions, including public uses, imposed by the grant contract and land management plan shall run with the property.

NR 51.005(10)(b) (b) Any subsequent owners shall execute an assignment that states that the new owners have received and reviewed the grant contract and land management plan and shall abide by their provisions.

NR 51.005(10)(c) (c) Stewardship property transferred to a governmental unit or another eligible sponsor shall comply with s. 23.0917 (8) (c), Stats.

NR 51.005(11) (11) The department may choose to accept a transfer of property acquired under this chapter.

NR 51.005(12) (12) If required by s. 23.0917 (6m) (c), Stats., grants awarded under this chapter shall be reviewed by the joint committee on finance of the state legislature.

NR 51.005(12m) (12m) The department shall report to the natural resources board on all grant applications that require review by the joint committee on finance of the state legislature as required by s. 23.0917 (6m) (c), Stats.

NR 51.005(13) (13) A sponsor that violates the terms of the grant contract may not be eligible to apply for future grants under this chapter until the department determines that the violation is corrected and that the sponsor is once again operating in accordance with the terms of the grant contract.

NR 51.005 History History: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12; correction in (6) made under s. 13.92 (4) (b) 7., Stats.