Chapter NR 51

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.

NR 51.46(10) (10) If the sponsor fails to fulfill any terms of the habitat restoration contract, including failing to install or properly maintain the practices of the contract, the department may seek reimbursement of all or a portion of the state’s share. If a practice is rendered ineffective during the period of the contract due to circumstances beyond the control of the sponsor, the department may waive repayment of expenses. The department may authorize the replacement or modification of the practice.

NR 51.46(11) (11) The department may suspend or terminate a habitat restoration contract if there has been substantial nonperformance without good cause.

NR 51.46 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), (2) (intro.), (3) (intro.), (4) to (11), r. (2) (a) and (d), renum. (2) (b) and (c) to be (2) (a) and (b) and am. (b), cr. (3) (c) and (d), eff. 9-1-00; CR 00-135: am. (1), (2) (intro.), (3) (intro.), (4) to (11), r. (2) (a) and (d), renum. (2) (b) and (c) to be (2) (a) and (b) and am. (b), cr. (3) (c) and (d), Register, July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1), (3) (intro.), (4) Register February 2012 No. 674, eff. 3-1-12.

subch. VI of ch. NR 51 Subchapter VI — Wild Lakes

NR 51.50 NR 51.50 Purpose. The purpose of this subchapter is to establish the administrative framework for acquisition of property to preserve wild lakes.

NR 51.50 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.51 NR 51.51 Applicability. This subchapter applies to the department program to acquire wild lake shoreland property, including islands, under s. 23.0917, Stats., and wild lake grants to nonprofit conservation organizations pursuant to s. 23.096, Stats.

NR 51.51 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.52 NR 51.52 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Wild lake” means a lake or flowage of at least 5 acres, or significant portions thereof, identified in the Wisconsin register of waterbodies, where human influence, such as structural development of its shorelands, is not significant or can be removed at costs deemed warranted by the department. If the waterbody is not found in the Wisconsin register of waterbodies database, department staff will make a determination on whether to add the waterbody to the register as a lake or flowage.

NR 51.52 Note Note: The Wisconsin Register of Waterbodies, which is the state’s official electronic database for identification of surface waters of the state, is maintained by the Bureau of Fisheries Management and is available for inspection at the department’s offices at 101 S. Webster Street, Madison, and at DNR service centers.

NR 51.52 Note Note: The fact that a lake is located in proximity to an urban area does not exclude it from the definition of wild lake.

NR 51.52 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. Register February 2012 No. 674, eff. 3-1-12.

NR 51.53 NR 51.53 Priority wild lake identification. The department shall consider the following priorities for stewardship grants or department projects for acquisition of property, not listed in order of priority:

NR 51.53(1) (1) Existence of no or low levels of structural development on adjacent shoreland.

NR 51.53(2) (2) Lakes or flowages with larger surface area.

NR 51.53(3) (3) The extent to which water quality, and fish and wildlife habitat are threatened by development.

NR 51.53(4) (4) The extent to which the lake provides habitat for rare species or harbors high quality natural communities.

NR 51.53(5) (5) The extent to which the lake provides quality habitat for fish and wildlife.

NR 51.53(6) (6) The extent to which threats to water quality, and fish and wildlife habitat can be protected through acquisition of property as determined by the percent of the lake’s shoreline or watershed captured by the acquisition.

NR 51.53(7) (7) The degree to which the acquisition adds to previously acquired shorelands along the lake or the extent that the acquisition continues or completes a previously started project.

NR 51.53(8) (8) The extent to which the acquisition reduces fragmentation of terrestrial or aquatic habitat as evidenced by the proximity to other public lands, clusters of lakes, and linkages to other surface waters.

NR 51.53(9) (9) Other unique features including, but not limited to, natural scenic beauty, archaeological, geological or cultural features.

NR 51.53 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. (intro.), (7) to (9) Register February 2012 No. 674, eff. 3-1-12.

NR 51.54 NR 51.54 Grants for wild lakes.

NR 51.54(1) (1) Nonprofit conservation organizations are eligible to apply for grants to acquire property to protect wild lakes.

NR 51.54(2) (2) The department shall evaluate and award grants for wild lakes projects according to the priorities listed in s. NR 51.53.

NR 51.54(3) (3) Application shall be made on forms provided by the department. Application procedures and deadlines in subch. II apply to this subchapter.

NR 51.54 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

subch. VII of ch. NR 51 Subchapter VII — Stream Bank Protection

NR 51.60 NR 51.60 Purpose. The purpose of this subchapter is to establish the administrative framework for the implementation of the state’s stream bank protection program to protect water quality and fish habitat of streams.

NR 51.60 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, June, 1994, No. 462, eff. 7-1-94.

NR 51.61 NR 51.61 Applicability. This subchapter applies to the department program to acquire property under s. 23.094, Stats., and to stream bank protection grants to nonprofit conservation organizations pursuant to s. 23.096, Stats.

NR 51.61 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01.

NR 51.62 NR 51.62 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Management plan” means a written plan describing conditions and activities which shall be enforced and allowed on property acquired by the department under s. 23.094, Stats., and as defined in s. NR 51.002 (17), for grant projects.

NR 51.62 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. (1), r. (3) and (4), Register, June, 1994, No. 462, eff. 7-1-94; emerg. r. and recr. (intro.), am. (1) and (2), eff. 9-1-00; CR 00-135: r. and recr. (intro.), am. (1) and (2), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (1), r. (2) Register February 2012 no. 674, eff. 3-1-12; correction in numbering under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 51.63 NR 51.63 Priority stream identification. The department shall identify priority streams for department projects, using the following criteria, not listed in order of priority:

NR 51.63(1) (1) The extent to which the water quality and fish habitat of the stream are threatened by urban or agricultural runoff. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(2) (2) The extent to which the threat to water quality and fish habitat of the stream can be protected through the acquisition of property. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(3) (3) Streams satisfying subs. (1) and (2) shall be further prioritized based on the following:

NR 51.63(3)(a) (a) The extent to which the stream project provides protection of endangered or threatened resources including natural communities and habitat for rare species.

NR 51.63(3)(b) (b) The inclusion of the stream in or adjacent to other department projects.

NR 51.63(3)(c) (c) A determination by the department that the stream’s riparian lands are enrolled in the federal or state programs specified in s. 23.094 (2) (c), Stats., or other federal or state programs that protect or enhance water quality or fish habitat.