Chapter NR 51

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.

NR 51.926 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) (intro.), (a) 4., (b) 10., 11., (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.927 NR 51.927 Community garden project priorities. In selecting community garden projects, the department shall consider:

NR 51.927(1) (1) Land located in areas with a high percentage of land developed.

NR 51.927(2) (2) Land adjacent to high density housing with residents with demonstrated special needs.

NR 51.927(3) (3) Land in areas where there is insufficient open space to meet existing demand.

NR 51.927(4) (4) Land that provides for expanding or replacing temporary garden plots.

NR 51.927 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

subch. XIV of ch. NR 51 Subchapter XIV — Urban Rivers Grant Program

NR 51.930 NR 51.930 Purpose. The purpose of this subchapter is to establish standards and procedures for administration of grants under s. 30.277 (2), Stats., for the acquisition of property adjacent to urban rivers and development of shoreline enhancements to preserve, enhance or restore an urban river’s natural resource values and provide opportunities for nature-based outdoor recreation.

NR 51.930 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.931 NR 51.931 Applicability. This subchapter is applicable to governmental units applying for grants for the acquisition of property and development of shoreline enhancements under s. 30.277, Stats., and to nonprofit conservation organizations for the acquisition of property under s. 23.096, Stats.

NR 51.931 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 51.932 NR 51.932 Definitions. In addition to the definitions in s. NR 51.002, the following definitions apply to this subchapter:

NR 51.932(1) (1) “Shoreline enhancement” means a development or habitat restoration project that serves public recreation or resource conservation purposes and is dependent on being on a shoreline.

NR 51.932(2) (2) “Urban area” means any area that is within or is characteristic of a city or village.

NR 51.932(3) (3) “Urban river” means a river within or in proximity to an urban area.

NR 51.932 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.), r. (1), renum. (2) to (4) to be (1) to (3) Register February 2012 No. 674, eff. 3-1-12.

NR 51.933 NR 51.933 Allocation of funds and grant awards.

NR 51.933(1) (1) The department shall select projects for grant assistance under this subchapter on a statewide basis according to the provisions and priorities in this subchapter.

NR 51.933(2) (2) No governmental unit may receive more than 20 percent of the funds that are available for grants under this subchapter in any one fiscal year.

NR 51.933 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), (2) Register February 2012 No. 674, eff. 3-1-12.

NR 51.934 NR 51.934 General provisions.

NR 51.934(1) (1) Sponsors may only use grant funds provided under this subchapter to provide or enhance nature-based outdoor recreation as specified under s. 30.277 (2), Stats.

NR 51.934(2) (2) To be eligible for a grant under this subchapter, a sponsor shall fund at least 50 percent of the cost of the project from private, local, or federal funding, by donations or by state funding. For purposes of this subchapter, state funding may not include grants under this subchapter, moneys appropriated to the department under s. 20.370, Stats., or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty), or (tz), Stats.

NR 51.934(3) (3) Donations shall meet all eligibility requirements of subchapter XI and s. NR 51.006.

NR 51.934(4) (4) Projects shall, either alone or in conjunction with other supporting plans, restore, enhance or preserve the environmental and natural resource values of an urban river or riverfront.

NR 51.934(5) (5) Projects shall enhance or preserve diverse outdoor natural resource related recreation opportunities for all segments of the population.

NR 51.934(6) (6) Projects shall be supported by a town, village, city, tribe, or county comprehensive outdoor recreation plan that is consistent with the outdoor recreation program under s. 23.30, Stats., and s. NR 51.904 (4).

NR 51.934(7) (7) The application shall include a copy of any relevant local comprehensive outdoor recreation plan, local green space plan, integrated resource management plan, riverfront restoration plan or appropriate sections of a comprehensive plan pursuant to s. 66.1001, Stats.

NR 51.934(8) (8) Riparian flowage lands may be eligible for a grant under this subchapter, if the project overall is more riverine in character than lake and if it is part of a comprehensive riverway plan, or if the acquisition is for the purpose of the removing the flowage and restoring the area to a natural river condition.

NR 51.934(9) (9) Non–urban riverfront lands that are lying adjacent to an urban area or that are likely to be urbanized may be eligible for a grant under this subchapter if the department determines acquisition of the land would contribute significantly to the overall success of an urban river project or comprehensive riverway plan of which it is a part.

NR 51.934(10) (10) The following shoreline enhancements, not listed in priority order, are eligible for stewardship grants:

NR 51.934(10)(a) (a) Projects that support nature-based outdoor recreation as defined in s. NR 51.002 (19).

NR 51.934(10)(b) (b) Riparian buffer rehabilitation including establishment of native vegetation, which may include slope and site preparation, and control of exotic plant species.

NR 51.934(10)(c) (c) Shoreline stabilization, which may employ bioengineering practices, and other environmentally beneficial stabilization techniques.

NR 51.934(10)(d) (d) Engineering and design costs for approved shoreline enhancement projects.

NR 51.934(10)(e) (e) Removal of seawalls, retaining walls, overhead wires, roads, buildings and levees.

NR 51.934(10)(f) (f) Open shelters, multi-purpose shelter buildings and primitive campsites.

NR 51.934(10)(g) (g) Fences for protection of park users.

NR 51.934(10)(h) (h) Lighting for public safety.

NR 51.934(10)(i) (i) Park signs.

NR 51.934(10)(j) (j) Shoreline access.

NR 51.934(11) (11) Shoreline enhancement projects associated with river corridor restoration following dam removal shall receive a priority for funding.

NR 51.934(12) (12) Construction or repair of seawalls and lagoons, and environmental remediation or clean-up of site contamination are ineligible projects. Dredging projects are also ineligible unless the dredging is incidental to the overall project.

NR 51.934 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), (3), (6), (8), (9), (10) (a) Register February 2012 No. 674, eff. 3-1-12.

NR 51.935 NR 51.935 Priorities. The department shall prioritize grant requests based on the extent to which the project, or the project in conjunction with supporting plans, satisfies each of the following criteria which are not listed in order of preference. As set forth in s. 30.277 (6), Stats., the criterion relating to brownfields under sub. (15), shall receive the greatest preference.