Chapter NR 51

NR 51.25(2)(b) (b) Available plant and animal species lists, natural heritage inventory records, ecological survey results, and any reports describing the site, its features, and its importance. Include citations to such data or to other sources of information that support the protection of the project.

NR 51.25(2)(c) (c) A detailed topographic map or aerial photograph showing the overall natural area boundary along with the boundary of the specific project and any specific use zones therein.

NR 51.25 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (2), (3) (intro.), (g) and (i), r. (3) (j), Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.26 and am., eff. 9-1-00; CR 00-135: renum. from NR 51.26 and am., Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1), r. and recr. (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.26 NR 51.26 Approval of projects. The department shall evaluate each project by considering the following:

NR 51.26(1) (1) A project that is within a boundary or boundaries approved by the department and is listed on the current state natural areas priority site list shall receive high priority for approval.

NR 51.26(2) (2) A project that is not within the boundary of a current state natural area or listed on the current state natural areas priority site list shall be reviewed for natural area designation pursuant to s. 23.27 (1) (e) and (f), Stats. The criteria used to evaluate natural values of proposed project are as follows:

NR 51.26(2)(a) (a) The quality of the natural values to be protected, including a comparison of the project with others and a consideration of the size, maturity, and unique attributes of the natural values.

NR 51.26(2)(b) (b) The condition of the natural values to be protected, including an analysis of the degree to which the natural values have been damaged or altered from their optimal condition and character.

NR 51.26(2)(c) (c) The long-term viability of the natural values to be protected, including the extent to which the project meets the minimum size required by area-dependent species of concern; the adequacy of the project to maintain community function and dynamics; the impacts that fragmentation, isolation and size of community may have on its longevity; and the ability of the project to support minimum viable populations of species to be protected.

NR 51.26(2)(d) (d) The defensibility of the natural values and the project from adverse effects, both natural and anthropogenic, that threaten it.

NR 51.26(3) (3) The criteria used to evaluate and rank proposed projects are as follows:

NR 51.26(3)(a) (a) The rarity of the natural values to be protected as rated by the natural heritage inventory or other authority recognized by the scientific community.

NR 51.26(3)(b) (b) The number of natural values to be protected and their areal extent.

NR 51.26(3)(c) (c) The degree to which the natural values and the project are threatened.

NR 51.26(3)(d) (d) The value of the area for scientific research and conservation education.

NR 51.26(3)(e) (e) The degree to which acquisition, as opposed to other protection tools, will protect the natural values.

NR 51.26(3)(f) (f) The degree to which these types of natural values are already protected in the state.

NR 51.26(3)(g) (g) The value of the site as an ecological benchmark or reference area.

NR 51.26 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; renum. (1), r. (2), Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.27, eff. 9-1-00; CR 00-135: renum. from NR 51.27, Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (1) to (3), cr. (3) (g) Register February 2012 No. 674, eff. 3-1-12.

NR 51.27 NR 51.27 Approval of parcels. In a given fiscal year, parcels within an approved project or projects on the current state natural areas priority site list shall be given a higher priority for funding by the department.

NR 51.27 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1) (intro.), r. (1) (a) to (c) and (2), Register, February, 1996, No. 482, eff. 3-1-96; emerg. renum. from NR 51.28, eff. 9-1-00; CR 00-135: renum. from NR 51.28, Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

subch. IV of ch. NR 51 Subchapter IV — Bluff Protection

NR 51.30 NR 51.30 Purpose. The purpose of this subchapter is to establish the administrative framework for the implementation of the bluff protection program to preserve Great Lakes bluff land in Wisconsin under s. 30.24, Stats.

NR 51.30 History History: Emerg. cr. Register, eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.31 NR 51.31 Applicability. This subchapter applies to the department program to acquire Great Lakes bluff land under s. 30.24, Stats., and to bluff land protection grants to nonprofit conservation organizations pursuant to s. 23.096, Stats.

NR 51.31 History History: Emerg. cr. Register, eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.32 NR 51.32 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Bluff” means a hill, ridge or similar landform significantly elevated above the surrounding landscape, having a broad, steep face or cliff, and adjoining the shoreline or coastal lowlands of Lake Michigan or Lake Superior. “Bluff” includes an elevated landform having a steep face or bedrock cliff associated with the escarpment of Niagara dolomite within 6 miles of the Lake Michigan shoreline in Door and Brown counties.

NR 51.32 History History: Emerg. cr. Register, eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

NR 51.33 NR 51.33 Priorities. The department shall select bluff lands for protection in the following order of priority:

NR 51.33(1) (1) Bluffs harboring unique or unusual natural features, including high quality biotic communities, rare plant and animal species or significant geological formations.

NR 51.33(2) (2) Bluffs containing or representing significant historical or Native American archaeological features.

NR 51.33(3) (3) Bluffs affording significant scenic views of surrounding landscapes and waterscapes, or bluffs that are themselves an important scenic component of the landscape as observed from afar.

NR 51.33(4) (4) Bluffs providing opportunities for low-impact public recreation, including hiking and nature study.

NR 51.33 History History: Emerg. cr. Register, eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.34 NR 51.34 Factors to consider. The department shall consider the following factors when evaluating bluff protection projects:

NR 51.34(1) (1) The condition and quality of the bluff’s biological, archaeological or historical features or their ability to recover from past disturbance, or both.

NR 51.34(2) (2) The existing and potential threats to the bluff features’ long-term viability caused by human activities, including development and land use changes.

NR 51.34(3) (3) The existing and potential threats to the bluff caused by natural factors such as extensive erosion due to high water levels.

NR 51.34(4) (4) The size of the bluff.

NR 51.34(5) (5) The potential for the bluff site to be linked with other protected bluff lands or significant natural features.

NR 51.34(6) (6) The extent to which bluffs containing similar features are already protected.

NR 51.34(7) (7) The accessibility of the bluff for public use and the ability of the site to sustain that use.

NR 51.34 History History: Emerg. cr. Register, eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

subch. V of ch. NR 51 Subchapter V — Habitat Areas

NR 51.40 NR 51.40 Purpose. The purpose of this subchapter is to establish the administrative framework for the implementation of the habitat areas program to protect, enhance, and restore wildlife habitat in Wisconsin in order to expand opportunities for wildlife-based recreation. The goals of the program will be achieved through acquisition of property and habitat restoration.

NR 51.40 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 51.41 NR 51.41 Applicability. This subchapter applies to grants to nonprofit conservation organizations pursuant to ss. 23.092 and 23.096, Stats., and conservation organizations pursuant to s. 23.197 (4), Stats.

NR 51.41 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 51.42 NR 51.42 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.42(1) (1) “Habitat restoration contract” means a recorded contract between the department and a nonprofit conservation organization, nonprofit organization, or conservation organization or landowner setting forth the obligations of each and identifying land management practices and their cost, installation schedule and maintenance requirements.

NR 51.42(2) (2) “Habitat restoration grant” means a grant under this subchapter to a nonprofit conservation organization, nonprofit organization or conservation organization to undertake a habitat restoration project that includes the installation of land management practices.

NR 51.42(3) (3) “Long-term” means planning to last longer than 3 years.

NR 51.42(4) (4) “Timber Plantation” means a stand composed primarily of trees established by planting or artificial seeding.

NR 51.42(5) (5) “Wildlife-based recreation” means activities where the primary purpose is the appreciation or enjoyment of wildlife and includes hunting, fishing, trapping, nature appreciation, and the viewing of game and non-game species.

NR 51.42 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. r. (2) and (6), renum. (1) and (3) to be (2) and (1) and am. (2), eff. 9-1-00; CR 00-135: r. (2) and (6), renum. (1) and (3) to be (2) and (1) and am. (2), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: r. (1), renum. (2) to be (1), renum. (3) to (5) to be (2), 51.002 (17d), (17m) and am., cr. (3) to (5) Register February 2012 No. 674, eff. 3-1-12.

NR 51.43 NR 51.43 Designation of habitat areas. When the department issues a grant for a property acquisition under this subchapter, it has designated that property as a Habitat Area, pursuant to s. 23.092 (1m), Stats.

NR 51.43 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. (3) (c), eff. 9-1-00; CR 00-135: am. (3) (c), 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 51.45 NR 51.45 Grants for property acquisition.

NR 51.45(1) (1) Eligible projects. Nonprofit conservation organizations may apply for stewardship grants to acquire property to protect, enhance or restore wildlife habitat.

NR 51.45(1)(a) (a) Habitat area projects addressing the most pressing needs of wildlife in the state which have one or more of the following characteristics, shall receive preference for funding:

NR 51.45(1)(a)1. 1. Places that contain or have the restoration potential for high priority wildlife habitat according to state, regional, or federal wildlife plans.

NR 51.45(1)(a)2. 2. Places harboring unique or exceptional species or habitats for which Wisconsin plays a critical and central conservation role.

NR 51.45(1)(a)3. 3. Places that provide critical landscape or ecosystem linkages.

NR 51.45(1)(a)4. 4. Places that provide wildlife-based recreation.

NR 51.45(1)(b) (b) Secondary factors the department shall consider when evaluating projects include:

NR 51.45(1)(b)1. 1. Places that have high levels of documented public and landowner support.

NR 51.45(1)(b)2. 2. Places where acquisition efforts to protect conservation and recreation lands will complement, and be complemented by, local land use plans.

NR 51.45(1)(b)3. 3. Places that are under imminent threat of loss or significant and long-term degradation.

NR 51.45(2) (2) Ineligible projects. Ineligible projects include:

NR 51.45(2)(a) (a) Property containing or planned to contain buildings or other facilities designed for intensive recreational use including playgrounds, roads, picnic areas, boating and camping facilities, playing fields or shelters, and other uses that are not compatible with wildlife–based recreation, as defined under s. NR 51.42 (5), unless the facility occupies only a small portion of the property and the department determines it does not diminish the property’s wildlife habitat value.

NR 51.45(2)(b) (b) Property which is intended to be used for long-term timber plantations.

NR 51.45(2)(c) (c) Property which is intended for long-term agricultural use.

NR 51.45 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. r. (2) (d), eff. 9-1-00; CR 00-135: r. (2) (d), Register July 2001, No. 547 eff. 8-1-01; CR 10-27: cr. (1) (title), (a), (b), (2) (title), am. (2), r. (3) Register February 2012 No. 674, eff. 3-1-12.

NR 51.46 NR 51.46 Habitat restoration grants.

NR 51.46(1) (1) Conservation organizations may apply for habitat restoration grants to install land management practices that restore or enhance wildlife habitat that meet the project characteristics in s. NR 51.45. The department shall provide habitat restoration grants in an amount up to 50 percent of the cost of the habitat restoration project. Project sponsors may request an advance payment of up to 50 percent of the grant amount or they may request interim payments.

NR 51.46(2) (2) The following are not eligible for grant assistance:

NR 51.46(2)(a) (a) Land management practices installed on licensed game farms, fur farms, deer farms or shooting preserves.

NR 51.46(2)(b) (b) Other practices, activities or sites that do not meet the objectives of the habitat areas program.

NR 51.46(3) (3) The department shall award habitat restoration grants based on the following:

NR 51.46(3)(a) (a) The likelihood that the project will restore and enhance wildlife or fish habitat.

NR 51.46(3)(b) (b) The quality and value of the habitat that will be restored.

NR 51.46(3)(c) (c) The sponsor’s ability and financial capacity to complete the project and maintain it over the period of the habitat restoration contract.

NR 51.46(3)(d) (d) The cost effectiveness of the proposed budget for the project.

NR 51.46(4) (4) Sponsors shall install and maintain land management practices in accordance with provisions contained in the habitat restoration contract which shall be recorded in the office of the county register of deeds and with a land management plan for the property referenced in the habitat restoration contract.

NR 51.46(5) (5) The habitat restoration contract shall bind each party’s heirs, successors and assigns during the effective period of the contract. If a change in ownership occurs during the effective period of the agreement, the new landowner or landowners shall be responsible for fulfilling all conditions of the habitat restoration contract.

NR 51.46(6) (6) The period of the habitat restoration contract shall include the installation period plus the operation and maintenance period. The operation and maintenance period shall be at least 10 years beginning when the last practice has been installed unless otherwise provided in the habitat restoration contract.

NR 51.46(7) (7) The department may grant a time extension to the habitat restoration contract.

NR 51.46(8) (8) Sponsors shall apply for federal and state permits, approvals, licenses or waivers necessary to implement the project. If the habitat restoration project is on land not owned by the sponsor, the landowner shall be a party to any permit application. Work may not begin until all applicable permits have been obtained.

NR 51.46(9) (9) Land management practices allowed by a habitat restoration contract may be installed on property not owned by the sponsor if the landowner is a party to the habitat restoration contract and provided that the contract is at least as long as the expected life of the project as specified in the contract.