Chapter NR 199

NR 199.09(6)(b) (b) The department may withhold final payment of the grant amount until all project, legal and program requirements have been complied with.

NR 199.09(6)(c) (c) The department may withhold 25% of the state share for final payment and may withhold final payment until the department determines that the project and any required audits have been satisfactorily completed.

NR 199.09 History History: CR 01-014: Cr. Register October 2001 No. 550, eff. 11-1-01.

NR 199.10 NR 199.10 Grant awards for acquisition of property.

NR 199.10(1) (1) Property transactions shall be subject to approval by the department and all of the following provisions:

NR 199.10(1)(a) (a) Property transactions shall be subject to ss. 32.19 to 32.27, Stats., and relocation assistance shall be subject to ch. Adm 92.

NR 199.10 Note Note: Under s. Adm 92.01 (14), “an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power” is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property.

NR 199.10 Note Under s. Adm 92.01 (14) (b) 4., a “tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project” but who can remain permanently on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move.

NR 199.10 Note Under s. Adm 92.01 (33), relocation assistance shall apply to all stewardship grants where the total of stewardship grants and all other public financial assistance or direct government acquisition costs in a project are at least $5,000 for a project with total costs of less than $50,000; or at least 10% in a project having total costs of $50,000 or more.

NR 199.10(1)(b) (b) Grant recipients are required to obtain appraisals for all property acquisitions funded by grants under this chapter.

NR 199.10(1)(c) (c) Appraisals of property required for grant eligibility under this chapter shall be subject to department review and approval according to department appraisal guidelines.

NR 199.10 Note Note: The department’s appraisal guidelines are available from any DNR regional office or from the DNR Bureau of Community Financial Assistance, PO Box 7921, Madison, WI 53707-7921.

NR 199.10(1)(d) (d) Appraisers shall be state licensed, certified “residential” or certified “general” appraisers and meet all applicable state laws and rules for appraisers.

NR 199.10(1)(e) (e) Acquisitions with a fair market value of more than $200,000 require 2 appraisals. The department may require a second appraisal for property valued under $200,000 if the property presents a difficult appraisal problem or if the first appraisal is unacceptable under department guidelines.

NR 199.10(1)(f) (f) Grant recipients and subsequent owners shall acquire and manage property acquired with a grant in accordance with all applicable state, local and federal laws, rules and regulations.

NR 199.10(1)(g) (g) Property acquired with a grant shall be maintained and managed in accordance with the provisions, conditions and descriptions in the grant agreement.

NR 199.10(1)(h) (h) Any property that is subject to a reversionary right or has restrictions or covenants which would prevent the property from being managed for purposes consistent with this grant program is not eligible for a grant.

NR 199.10(1)(i) (i) Grants may not be made for property acquired prior to a grant award without prior written approval of the department.

NR 199.10(1)(j) (j) When the grant recipient is purchasing property, the department may distribute the entire state share of the purchase cost to a non-interest bearing escrow account, subject to a department approved title insurance commitment for each property, to be released upon completion of an insured closing and conveyance of the property to the grant recipient. If the closing has not occurred within 90 days from the time funds are distributed to the escrow account, the department may cause the funds in the escrow account to be returned to the department.

NR 199.10(1)(k) (k) No grant may be awarded prior to receipt of an environmental inspection report showing that the property contains no undesirable environmental conditions, liabilities, potential liabilities or hazards that are unacceptable to the department.

NR 199.10(1)(L) (L) Any grant award, which involves the purchase of property shall be subject to a grant agreement as prescribed in this chapter.

NR 199.10(1)(m) (m) No grant may be awarded to acquire property through the power of eminent domain.

NR 199.10(2) (2) The purchase of property shall be subject to an executed grant agreement before any state funds can be disbursed. Any grant agreement shall contain but not be limited to provisions which:

NR 199.10(2)(a) (a) Provide for long term management of the property.

NR 199.10(2)(b) (b) Prohibit using the property as security for any debt unless the department previously approves the incurring of the debt.

NR 199.10(2)(c) (c) Prohibit closing the purchased property to the public except where the department has determined that closure is necessary to protect wild animals, plants or other natural features.

NR 199.10(2)(d) (d) Provide the department access to land acquired with a municipal flood control grant under this chapter to monitor compliance with the grant agreement or carry out any management activity necessary to ensure the public’s rights and safety. The department may require project grant recipients to conduct self-inspections of these properties.

NR 199.10(2)(e) (e) When a municipal flood control grant is awarded under this chapter for acquiring an easement, the grant recipient shall prepare a baseline document, approved by the landowner and available to the department for inspection, before grant payments are made.

NR 199.10(2)(f) (f) Provide the department access to property on which an easement is acquired with a municipal flood control protection grant, in a reasonable manner upon prior notice to the easement holder and the landowner, to monitor compliance with the grant conditions. The conditions of that access shall be contained in the easement agreed to by the landowner. The department may grant exceptions to this access requirement in extraordinary situations according to the procedure in s. NR 199.11.

NR 199.10(2)(g) (g) Provide that the grant recipient may sell or transfer the property to a third party other than a creditor of the grant recipient with the prior written approval of the department. All restrictions imposed by the grant contract and land management plan shall remain with the property and any subsequent owners shall execute a grant agreement assignment which states that they have received and reviewed the grant contract and land management plan and shall abide by their provisions. Department approval of the transfer is not valid until the contract assignment is signed by and recorded in the appropriate register of deeds office.

NR 199.10(2)(h) (h) Require that the instrument conveying the property to the recipient identify the interest of the state under par. (f) and be recorded together with the grant agreement in the office of the register of deeds of each county in which the property is located.

NR 199.10(2)(i) (i) Require that if the recipient violates any essential provision of the grant or grant agreement, interest in or title to the acquired property shall vest in the state, without necessity of reentry.

NR 199.10(2)(j) (j) Provide that the grant recipient shall notify the department of any change in the status or purpose of the grant.

NR 199.10 History History: CR 01-014: Cr. Register October 2001 No. 550, eff. 11-1-01; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 199.11 NR 199.11 Variances. The department may approve in writing a variance from a requirement of this chapter upon the written request of a grant recipient if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best interest of the program. Before approving a variance, the department shall take into account factors such as good cause and circumstance beyond the control of the grant recipient. The department may not grant variances from statutory requirements.

NR 199.11 History History: CR 01-014: Cr. Register October 2001 No. 550, eff. 11-1-01.