Adm 92.26(1)(1) Agency with eminent domain power. An agency vested with eminent domain power, or undertaking a project where such power exists, shall file a relocation plan and receive approval in writing from the department before proceeding with initiation of negotiations on any project which may involve displacement of a person.

Adm 92.26(2)(2) Agency without eminent domain power. An agency undertaking a project where the power of eminent domain does not exist, shall submit and receive approval of a relocation plan from the department, before a property is acquired for the project, provided:

Adm 92.26(2)(a)(a) Any option taken or offer to purchase made by the agency is conditioned upon receipt of relocation plan approval from the department before a property is acquired, and

Adm 92.26(2)(b)(b) Tenants who occupy a property and who may be required to move, are contacted by the agency within 7 days after all contingencies have been removed from an option or an accepted offer to purchase. Such contact shall be for the purpose of informing a tenant of any relocation payments and services available and to obtain information for the purpose of preparing a relocation plan.

Adm 92.26 NoteNote: The purpose of this alternative method of submitting a relocation plan is to ensure that agencies without the power of eminent domain, who are unable to adequately plan for relocation before the project has sufficiently developed to the implementation stage, comply with relocation planning requirements as soon as feasible and before an agency is legally or financially committed to the acquisition of a property where displacement may occur.

Adm 92.26 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.), cr. (2), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.28Adm 92.28 Contents of relocation plan. A relocation plan shall include the following elements in sufficient detail to assess whether relocation can be satisfactorily accomplished:

Adm 92.28(1)(1) Project description. The name, purpose, location, overall project activity, administrative organization and staffing for relocation assistance, type and occupancy status of displacement property and a timetable for project implementation;

Adm 92.28(2)(2) Relocation program standards. A statement regarding whether or not local ordinances or regulations establish standards meeting those specified under this chapter for decent, safe and sanitary housing, or whether another regulation requires the agency to provide relocation benefits in excess of those specified under this chapter.

Adm 92.28(3)(3) Competing displacement. A description and analysis of any other private and public displacement activities in the area which may compete for replacement resources;

Adm 92.28(4)(4) Relocation feasibility analysis. An identification and description of displaced persons, a description of the property occupied, an identification and assessment of available replacement resources, a correlation of replacement resources with a person’s needs, financial means, and an estimate of relocation payments;

Adm 92.28(5)(5) Alternative relocation plan. An alternative relocation plan when existing replacement resources are insufficient to meet a person’s needs;

Adm 92.28(7)(7) Relocation payment. The procedure for processing a claim to assure prompt and complete payment;

Adm 92.28(10)(10) Assurance. A statement by the agency head or designee that persons to be displaced shall be relocated as specified in the approval plan and this chapter;

Adm 92.28(11)(11) Project map. A map identifying each property to be acquired and the project boundary;

Adm 92.28 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) and (1), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.29Adm 92.29 Small projects relocation plan. A small projects relocation plan for projects having less than 3 displacements may be submitted in lieu of a complete relocation plan, and shall consist of items specified in s. Adm 92.28 (1), (4) and (10). A small projects relocation plan shall be submitted in a format approved by the department.

Adm 92.29 HistoryHistory: Cr. Register, November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.30Adm 92.30 Data for plan development. An agency shall obtain the following data for plan development:

Adm 92.30(1)(1) Information from an interview regarding a person’s needs, characteristics, present occupancy and relocation preferences shall form the basis for a plan. Other reliable information may be substituted when a person is unable to provide the information or cannot be contacted after repeated attempts;

Adm 92.30(2)(2) Replacement housing, business or farm operations listed in the plan shall be drawn from properties available at the time of plan development. An agency may use reliable data on past sales and rental activity in estimating resources to be available when there are not enough available properties at the time of plan development.

Adm 92.38Adm 92.38 General. An agency shall provide relocation assistance to a person as specified under this chapter and commensurate with individual need, whenever the acquisition of property for a project will result in the displacement of a person.