NR 51.880NR 51.880 Purpose. The purpose of this subchapter is to establish standards and procedures for implementation of a grant program to acquire property under s. 23.0917 (4m), Stats. Grants shall be used only to acquire property for conservation purposes in the Baraboo hills. NR 51.880 HistoryHistory: 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 51.881NR 51.881 Applicability. This subchapter is applicable to governmental units and nonprofit conservation organizations, lake sanitary districts as defined in s. 30.50 (4q), Stats., and public inland lake protection and rehabilitation districts applying for grants for the acquisition of property for the purposes set forth in s. 23.0917 (4m), Stats. NR 51.881 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 51.882NR 51.882 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Baraboo hills” means the area within the boundaries of the Baraboo Range national natural landmark, as officially designated by the U.S. national park service as of March 29, 1999. NR 51.882 NoteNote: A map showing the boundaries of the Baraboo Range national natural landmark is available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.882 HistoryHistory: 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 51.883NR 51.883 Application and grant award procedures. NR 51.883(1)(1) Sponsors shall submit applications on the prescribed department form. The department may consider applications as they are submitted year-round, to the extent that funds are available, or if substantially oversubscribed for available funding, the department may establish application deadlines in order to evaluate and prioritize competing applications. NR 51.883(2)(2) Grants for the acquisition of property shall be distributed according to the standards and priorities in this subchapter. NR 51.883(3)(3) Grants shall be awarded for any amount up to 100 percent of the purchase price paid by the sponsor plus eligible acquisition costs, or the fair market value of property plus eligible acquisition costs, whichever is less. NR 51.883(4)(4) If a sponsor accepts a grant for any amount less than 100 percent of the fair market value of the property plus eligible acquisition costs, the remaining value shall be certified as matching property acquisition under sub. (7) (b). NR 51.883(5)(5) Acquisition of eligible property may occur at any time on or after October 29, 1999. NR 51.883(6)(6) The department shall provide a grant contract to the successful sponsor that shall be signed by both the department and the sponsor before any funds can be released to the sponsor. NR 51.883(7)(7) Grants may not be awarded until the following 2 criteria are met: NR 51.883(7)(a)(a) The Wisconsin department of transportation has certified to the department that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City. NR 51.883(7)(b)(b) Matching property acquisition of sufficient valuation to equal or exceed the value of any grants given through this program shall be certified by the department according to department appraisal guidelines. Matching property acquisition shall meet the following requirements: NR 51.883(7)(b)1.1. The acquisition shall provide for the perpetual protection of the conservation values of the matching property. NR 51.883(7)(b)2.2. The funds used for the acquisition shall be federal non-transportation funds, governmental unit funds or nonprofit conservation organization funds. NR 51.883 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1), (3), (6), (7) (b) 1. Register February 2012 No. 674, eff. 3-1-12. NR 51.884(1)(1) In order to be eligible for funding under this subchapter, acquisition of property shall: NR 51.884(1)(a)(a) Be located in the Baraboo hills. Property located within the acquisition boundary of any state park or state-owned natural area as of March 29, 1999, is not eligible for grants under this subchapter. NR 51.884(1)(b)(b) Provide for the perpetual protection of the conservation values of the property. Temporary agreements do not qualify for funding. NR 51.884(1)(c)(c) Contribute to protection of the forest resource in the Baraboo hills. NR 51.884(2)(2) Property that is forested at the time of acquisition shall be maintained as forest. Forested lands may only be commercially harvested for timber in accordance with a forest management plan. If the property is acquired in fee by the sponsor, the forest management plan shall be approved by the department. If the acquisition is for an easement, the easement shall provide that if the landowner chooses to do forest management, it shall be done in accordance with a forest management plan approved by the party acquiring the easement. NR 51.884(3)(3) An easement acquired with grant funds may not prohibit the landowner from the future conversion of any unforested portions of the land to forest land appropriate to the site. NR 51.884(4)(4) The application shall include a comprehensive description of the sponsor’s plans for future monitoring and management of the property. NR 51.884(5)(5) Property acquired under the Baraboo hills grant program may not be converted to uses other than conservation. NR 51.884 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1) (a) Register February 2012 No. 674, eff. 3-1-12. NR 51.885(1)(1) The department shall select property for financial assistance in accordance with the following priorities that are not listed in order of priority: NR 51.885(1)(a)(a) Acquisitions with significant natural features identified in the natural heritage inventory or other plan identifying natural resources of regional or national significance. NR 51.885(1)(b)(b) Acquisitions that are identified for conservation or recreation in a plan approved by a governmental unit. NR 51.885(1)(c)(c) Acquisitions within or contiguous to a large forested block. NR 51.885(1)(d)(d) Acquisitions maximizing the protection of other large forested blocks. NR 51.885(1)(e)(e) Acquisitions showing little effect of human disturbance and supporting a wide variety of species appropriate to native forest tracts. NR 51.885(1)(f)(f) Acquisitions affording opportunities for forest restoration. NR 51.885(2)(2) The department shall also consider the following other factors, not listed in priority order, but they shall be of lower priority than the priorities listed in sub. (1): NR 51.885(2)(a)(a) Acquisitions that satisfy a relevant statewide or department regional priority need identified in the statewide comprehensive outdoor recreation plan need analysis. NR 51.885(2)(b)(b) Acquisitions that provide and enhance outdoor, natural resource related recreation opportunities. NR 51.885(2)(c)(c) Acquisitions that involve a joint effort by 2 or more eligible sponsors. NR 51.885(2)(f)(f) Acquisitions that implement elements of water quality plans or initiatives. NR 51.885(2)(g)(g) Acquisitions that are accessible, where accessibility is appropriate. NR 51.885 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1) (intro.), (b) Register February 2012 No. 674, eff. 3-1-12. NR 51.901NR 51.901 Purpose. The purpose of this subchapter is to establish standards and procedures for grants to governmental units. NR 51.901 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 51.902NR 51.902 Applicability. This subchapter is applicable to towns, villages, cities, counties, tribes, lake sanitary districts, as described in s. 30.50 (4q), Stats., public inland lake protection and rehabilitation districts, and the Kickapoo reserve management board that apply to the department for urban greenspace grants under s. 23.09 (19), Stats., subch. XIII, aids for the acquisition and development of local parks under s. 23.09 (20), Stats., and subch. XII, acquisition of development rights grants under s. 23.09 (20m), Stats., and subch. XV, and urban rivers grants under s. 30.277, Stats., and subch. XIV. NR 51.902 HistoryHistory: 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 51.903NR 51.903 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Force Account” means the resources of the sponsor, including personnel services or labor, equipment and materials. NR 51.903 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. 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 51.904(1)(a)(a) The sponsor shall manage property purchased and property that is developed with funding under this subchapter to preserve and enhance the conservation and recreation values of the property. NR 51.904(1)(b)(b) Project boundaries for acquisition and development projects that are submitted with grant applications and approved by the department may not be altered without the approval of the department. NR 51.904(1)(c)(c) The sponsor shall declare the state’s interest in the Stewardship property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department. NR 51.904(2)(2) Requirements for development projects. The following requirements apply to development projects: NR 51.904(2)(a)(a) Before development of public facilities begins, other state agencies may require formal project approval concerning health, safety and sanitation requirements, and historical and environmental considerations. Sponsors shall apply for federal and state permits, approvals, licenses or waivers necessary to implement the project. The sponsor may not begin work until all applicable permits have been obtained. NR 51.904(2)(b)(b) The department may award grants under this subchapter for development projects on property not owned by the sponsor provided the sponsor has a lease of at least 25 years, and oversight and control of the property for at least 25 years. NR 51.904(2)(c)(c) The boundary map submitted by the sponsor shall encompass a viable public outdoor recreation area that is capable of being self-sustaining without reliance upon adjoining or additional areas not identified in the scope of the project. Except in unusual cases where it can be shown a smaller area is clearly a self-sustaining outdoor recreation resource, the area subject to stewardship protection will be the park, open space, or recreation area being developed. NR 51.904(4)(4) Consistency with local planning. Before a grant is issued by the department, the property to be acquired or the proposed development project shall be consistent with a CORP that has been adopted by a governmental unit no more than five years prior to the date of the grant application. The department may establish interim eligibility for sponsors with CORPs adopted more than five years before the grant application date, if the sponsor can demonstrate that a revised CORP is under contract with a planning agency, is documented as being developed by the applicant, or is pending before the sponsor’s governing body. NR 51.904 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: cr. (1) (title), (c), (2) (c), renum. (1), (2), (9) (b) to be (1) (a), (b), (2) (b) and am., renum. (9) (intro.), (a) to be (2) (intro.), (b), r. and recr. (3), (4), r. (5) to (8) Register February 2012 No. 674, eff. 3-1-12; corrections in (2) (title), (3) made under s. 13.92 (4) (b) 2., Stats. NR 51.905NR 51.905 General priorities. For fiscal years 2002 and later, factors that shall be considered in rating projects requesting funding under subchs. XII, XIII, XIV, and XV include: NR 51.905(1)(1) Whether or not a community has or is developing a comprehensive plan pursuant to s. 66.1001, Stats. NR 51.905(2)(2) Whether the comprehensive plan incorporates intergovernmental cooperation. NR 51.905(3)(3) Whether the project is supported by or is part of a comprehensive plan prepared pursuant to s. 66.1001, Stats. NR 51.905 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (2) Register February 2012 No. 674, eff. 3-1-12. NR 51.906NR 51.906 Application and grant award procedures. NR 51.906(1)(1) Project sponsors shall submit applications on prescribed department forms to the appropriate region office delivered or postmarked no later than May 1 of each year. NR 51.906 NoteNote: Copies of application forms and instructions are available from the DNR, Bureau of Community Assistance, Box 7921, Madison, WI 53707.
NR 51.906(2)(2) The department shall evaluate, score, and rank completed applications to determine which sponsors shall receive grants under subchapters XII, XIII, XIV, and XV of this chapter. NR 51.906(3)(3) The department shall fund projects in rank order within each grant program until all grant funds available within a grant program have been awarded. NR 51.906(4)(4) The department may notify all sponsors of the status of their grant application, and if awarded, the department shall provide a grant contract to the successful applicant. NR 51.906(5)(5) Property acquisition and development projects may not begin prior to the project period start date except as provided in s. NR 51.907 (1) (b) for retroactivity of land acquisition costs and s. NR 51.907 (2) (a) 4. for retroactivity of engineering and planning fees. NR 51.906(6)(6) Project activities and costs incurred shall be within the project period, scope and amount as shown in the grant contract. NR 51.906(7)(7) A sponsor may request a change in project period, scope, or grant amount prior to the project period end date. NR 51.906(8)(8) The department may make a conditional decision to approve a project or award a grant, but withhold a final decision or grant payment until all identified contingencies are satisfied. NR 51.906 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (1) to (4), (6) to (7), cr. (8) Register February 2012 No. 674, eff. 3-1-12.
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