Adm 92.67(1) (1) General. In addition to the payments available under s. Adm 92.56 (1), (2), and (3), a business, farm or nonprofit organization may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing at a replacement site.

Adm 92.67(2) (2) Eligible expenses. Reestablishment expenses may include, but are not limited to the following reasonable and necessary costs, as determined by the displacing agency:

Adm 92.67(2)(a) (a) Repairs or improvements to the replacement real property as required by applicable federal, state or local codes or ordinances.

Adm 92.67(2)(b) (b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

Adm 92.67(2)(c) (c) Construction and installation costs for exterior signing to advertise the business.

Adm 92.67(2)(d) (d) Provision of utilities from the right-of-way to improvements on the replacement site.

Adm 92.67(2)(e) (e) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting.

Adm 92.67(2)(f) (f) Licenses, fees and permits when not paid as part of moving expenses.

Adm 92.67(2)(g) (g) Feasibility surveys, soil testing and marketing studies.

Adm 92.67(2)(h) (h) Advertisement of the replacement location.

Adm 92.67(2)(i) (i) Professional services in connection with the purchase or lease of a replacement site.

Adm 92.67(2)(j) (j) Increased costs of operation during the first 2 years at the replacement site for lease or rental charges, personal or real property taxes, insurance premiums, or utility charges.

Adm 92.67(2)(k) (k) Impact fees or one-time assessments for anticipated heavy utility usage.

Adm 92.67(2)(L) (L) Other items that the agency considers essential for reestablishment of the business.

Adm 92.67(3) (3) Ineligible expenses. Reestablishment expenditures that are not considered to be reasonable and necessary relocation costs include the following nonexclusive list:

Adm 92.67(3)(a) (a) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.

Adm 92.67(3)(b) (b) Purchase of manufacturing materials, production supplies, product inventory or other items used in the normal course of business operations.

Adm 92.67(3)(c) (c) Interior or exterior renovations at the replacement site which are for aesthetic purposes, except as provided in sub. (2) (e).

Adm 92.67(3)(d) (d) Interest on money borrowed to make the move or purchase the replacement property.

Adm 92.67(3)(e) (e) Payment to a part-time business in the home which does not contribute materially to the household income.

Adm 92.67(4) (4) Limitations. A person shall be eligible for reasonable and necessary reestablishment expenses, as determined by the agency, if such expenses are not otherwise paid as part of a replacement business or farm payment under s. Adm 92.90. A person who is eligible to receive a replacement business or farm payment of at least $10,000 under s. Adm 92.90 is not eligible for reestablishment expenses under this section, except for items in sub. (2) (c), (d), (f), (h), (k) and (L).

Adm 92.67 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (2) (c), (h) and (j), r. (3) (f), Register, March, 1997, No. 495, eff. 4-1-97; correction in (1), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

subch. V of ch. Adm 92 Subchapter V — Replacement Housing Payment

Adm 92.68 Adm 92.68 General. This section describes the general requirements for a replacement housing payment to a person displaced from a dwelling. A person is not required to relocate to the same owner or tenant occupancy status, but has other options as specified under this subchapter. An agency shall make one replacement payment for each dwelling unit, except in the case of joint occupancy of a single family dwelling as specified under sub. (7) (d).

Adm 92.68(1) (1) Eligibility requirements.

Adm 92.68(1)(a) (a) Persons who meet length of occupancy requirements. An owner or tenant occupant displaced from a dwelling shall be eligible for a replacement housing payment under this subchapter, if the person occupied the dwelling 180 days before initiation of negotiations if an owner, or 90 days if a tenant, except that a 90-day owner may qualify for a tenant replacement payment.

Adm 92.68(1)(b) (b) Persons who do not meet length of occupancy requirements. A person who occupies real property before its acquisition, but does not meet the length of occupancy requirements in par. (a), may receive a payment equal to the difference between 30% of the person’s average monthly income and the monthly housing costs of a replacement dwelling, for a period of 48 months, if a replacement rental is not otherwise available within 30% of the person’s average monthly income.

Adm 92.68(2) (2) Delayed occupancy for construction and rehabilitation. A person who contracts for the construction or rehabilitation of a replacement dwelling, but cannot occupy it within the time period as specified under s. Adm 92.70 (1) (b), shall be considered to have purchased and occupied the dwelling as of the date of the contract. A replacement payment may be deferred until occupancy, provided the agency makes payment into an interest-bearing escrow account for release to a person upon occupancy. An agency may pay the person before occupancy provided the agency is assured that occupancy will occur.

Adm 92.68(3) (3) Prior ownership of replacement dwelling or land. An agency shall make a replacement payment to a person based on a dwelling or site owned by the person before acquisition, if the person occupies the replacement within the time limit as specified under s. Adm 92.70 (1) (b), and the dwelling is decent, safe and sanitary. The fair market value of the land and the dwelling at the time of displacement shall be used as the actual cost in determining the payment.