Chapter NR 51

NR 51.915(12) (12) Permanent landscaping and burial of overhead wires.

NR 51.915(13) (13) Open shelters and multi-purpose shelter buildings which support a nature-based outdoor recreation activity.

NR 51.915(14) (14) Fences and lighting for the protection of park users.

NR 51.915(15) (15) Park signs.

NR 51.915 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. (9) Register February 2012 No. 674, eff. 3-1-12.

NR 51.916 NR 51.916 Eligible land acquisition projects. Land acquisition projects eligible for funding include, but are not limited to:

NR 51.916(1) (1) Property that provides opportunities for nature-based outdoor recreation including, but not limited to parks, forests and camping grounds.

NR 51.916(2) (2) Property with frontage on rivers, streams, lakes, estuaries and reservoirs that will provide access to water–based outdoor recreation.

NR 51.916(3) (3) Property that provides special recreation opportunities, such as floodplains, wetlands and areas adjacent to scenic highways.

NR 51.916(4) (4) Natural areas and outstanding scenic areas where the objective is to preserve the scenic or natural values, including areas of physical or biological importance and wildlife areas. These areas shall be open to the general public for outdoor recreation use to the extent that the natural attributes of the areas will not be seriously impaired or lost.

NR 51.916(5) (5) Land within urban areas for day-use picnic areas.

NR 51.916(6) (6) Land for nature-based outdoor recreation trails.

NR 51.916 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. (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.917 NR 51.917 Ineligible projects. Ineligible acquisition or development projects include, but are not limited to:

NR 51.917(1) (1) Projects that are not supported by a local comprehensive outdoor recreational plan.

NR 51.917(2) (2) Restoration or preservation of historic structures.

NR 51.917(3) (3) Acquisition and development of areas and facilities that do not meet the definition of nature-based outdoor recreation specified in s. NR 51.002 (19), such as spectator sports, swimming pools, dedicated sports fields, tennis courts and hockey rinks.

NR 51.917(4) (4) Development of areas and facilities to be used for professional athletics.

NR 51.917(5) (5) Development of amusement facilities, waterslides or the construction of facilities that are only marginally related to nature-based outdoor recreation.

NR 51.917(6) (6) Construction of park employee residences.

NR 51.917(7) (7) Development of areas and facilities to be used solely for game refuges or fish production purposes unless they are open to the public for general compatible recreation use, or if they directly serve priority public outdoor recreation needs identified in SCORP.

NR 51.917(8) (8) Construction of lodges, motels, luxury cabins or similar facilities.

NR 51.917(9) (9) Development projects in previously undeveloped recreation areas which consist solely of support facilities, unless the facilities are clearly required for proper and safe recreational use of the area.

NR 51.917(10) (10) Construction, operation, or maintenance of buildings primarily devoted to indoor recreation.

NR 51.917(11) (11) Acquisition and development of golf courses.

NR 51.917 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. (3), (10) Register February 2012 No. 674, eff. 3-1-12; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 51.918 NR 51.918 Priorities. The department shall evaluate and prioritize projects for grant assistance in accordance with the following project priorities, which are not listed in order of preference:

NR 51.918(1) (1) Projects that provide basic facilities, such as picnic and undeveloped play areas, have priority over projects that provide more elaborate facilities.

NR 51.918(2) (2) Projects that enhance or preserve natural beauty.

NR 51.918(3) (3) Projects that provide for completion of a project already started where the sponsor has shown the ability to provide quality outdoor recreation facilities for its citizens without grant assistance.

NR 51.918(4) (4) Projects to develop areas previously acquired.

NR 51.918(5) (5) Projects to renovate existing facilities that are in danger of being lost for public use.

NR 51.918(6) (6) Projects where the sponsors have good performance records on other recreational projects.

NR 51.918(7) (7) Projects where the sponsors are financially able to adequately maintain and operate the area or facility.

NR 51.918(8) (8) Projects that offer safe, rapid and convenient access by all types of transportation modes appropriate for that type of facility.

NR 51.918(9) (9) Projects that, in relation to their costs, provide access for the greatest number of potential users and provide the greatest opportunities for nature-based outdoor recreation.

NR 51.918(10) (10) Projects that meet needs and deficiencies identified in SCORP; or a local comprehensive outdoor recreation plan; or a comprehensive plan pursuant to s. 66.1001, Stats.

NR 51.918(11) (11) Projects that provide multiple season, multiple activity use.

NR 51.918(12) (12) Projects that are designed to serve the recreation needs of elderly persons, minorities and disabled persons.

NR 51.918(13) (13) Projects that are shown to be regional or statewide in impact and importance.

NR 51.918(14) (14) Projects that are ready to be implemented and can be completed in 2 construction seasons or less.

NR 51.918(15) (15) Projects that involve the use of materials or products utilizing Wisconsin recycled products.

NR 51.918(16) (16) Projects that use sustainable technology.

NR 51.918 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. (1), cr. (16) Register February 2012 No. 674, eff. 3-1-12.

subch. XIII of ch. NR 51 Subchapter XIII — Urban Green Space

NR 51.920 NR 51.920 Purpose. The purpose of this subchapter is to establish standards and procedures for administration of grants to acquire property for urban green space and nature-based outdoor recreation under s. 23.09 (19) (cg), Stats.

NR 51.920 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 51.921 NR 51.921 Applicability. This subchapter is applicable to governmental units, lake sanitary districts under s. 30.50 (4q), Stats., public inland lake protection and rehabilitation districts and nonprofit conservation organizations applying for grants for the acquisition of urban green space under s. 23.09 (19), Stats.

NR 51.921 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.922 NR 51.922 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.922(1) (1) “Community gardening” means a noncommercial activity in an urban community involving the raising of vegetables, fruits, flowers and herbs for personal consumption or use.

NR 51.922(2) (2) “Urban green space” means open natural space within or in proximity to urban development that has scenic, ecological or natural values. It may also include land set aside for community gardening.

NR 51.922 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.), (1), (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.923 NR 51.923 Allocation of funds. Sponsors shall compete for urban green space grants on a statewide basis. The department shall reserve 10 percent of the annual allocation community gardening projects. If the department does not receive sufficient community gardening project requests by the annual application deadline as specified in s. NR 51.906, remaining reserves shall return to the general urban green space allocation.

NR 51.923 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 51.924 NR 51.924 General provisions.

NR 51.924(1) (1) A sponsor may only use grant funds provided under this subchapter for nature-based outdoor recreation as specified under s. 23.09 (19) (cg), Stats.

NR 51.924(2) (2) The property to be acquired shall be identified in a local comprehensive outdoor recreation plan that is consistent with the outdoor recreation program under s. 23.30, Stats., and s. NR 51.904 (4).

NR 51.924(3) (3) A sponsor that acquires property for community gardening may charge user fees that are sufficient to cover the cost of maintaining the area. Those fees may be waived based on the user’s inability to pay.

NR 51.924 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. (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.925 NR 51.925 Eligible projects. Land acquisition projects which are eligible for grant funds include:

NR 51.925(1) (1) Land to provide an open natural space within or in proximity to urban development.

NR 51.925(2) (2) Land to protect from urban development an area or naturally formed feature that is within or in proximity to an urban area and that has scenic, ecological or other natural values.

NR 51.925(3) (3) Land for community gardening to be used by inhabitants of an urbanized area.

NR 51.925 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. (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.926 NR 51.926 Priorities.

NR 51.926(1) (1) The department shall select projects for grant assistance under this subchapter through a scoring and ranking process that considers the following factors that are not listed in priority order:

NR 51.926(1)(a) (a) Planning factors include:

NR 51.926(1)(a)1. 1. Projects that specifically implement a priority of the SCORP.

NR 51.926(1)(a)2. 2. Projects that implement the approved master plans of 2 or more units of government or regional planning agencies.

NR 51.926(1)(a)3. 3. Projects that preserve land that is listed on the natural heritage inventory database.

NR 51.926(1)(a)4. 4. Projects that implement elements of approved water quality plans or initiatives.

NR 51.926(1)(b) (b) Project factors include:

NR 51.926(1)(b)1. 1. Land that serves the greatest population centers.

NR 51.926(1)(b)2. 2. Land that serves areas of rapidly increasing populations.

NR 51.926(1)(b)3. 3. Land that is accessible, where accessibility is appropriate.

NR 51.926(1)(b)4. 4. Land that has unique natural features, threatened or endangered species, or significant ecological value.

NR 51.926(1)(b)5. 5. Land that provides open natural linear corridors connecting open natural areas.

NR 51.926(1)(b)6. 6. Land with water frontage.

NR 51.926(1)(b)7. 7. Land that contains or restores wetlands.

NR 51.926(1)(b)8. 8. Land that protects sensitive wildlife habitat.

NR 51.926(1)(b)9. 9. Land that protects an area threatened by development.

NR 51.926(1)(b)10. 10. Land that preserves a natural community or could be restored as a natural community.

NR 51.926(1)(b)11. 11. Land that can be shown to be of regional, statewide, or global significance.

NR 51.926(1)(b)12. 12. Land related to brownfields redevelopment.

NR 51.926(1)(c) (c) Administrative factors include:

NR 51.926(1)(c)1. 1. Projects that are ready to be implemented.

NR 51.926(1)(c)2. 2. Projects that continue eligible acquisition projects previously started.

NR 51.926(2) (2) In the scoring process, the priority for brownfields redevelopment shall receive additional preference pursuant to s. 23.09 (19) (cm), Stats.