NR 193.83(1)(b) (b) The purchase of perpetual conservation easements for some of the rights of a property that will protect the water quality or ecosystems of a lake or river if the negotiations between the grantee and landowner were conducted on a willing seller-willing buyer basis.

NR 193.83(2) (2) Ineligible projects. The department may not award grants under this subchapter for ineligible acquisition projects, including any of the following:

NR 193.83(2)(a) (a) The acquisition of property that is subject to a reversionary right or that has restrictions or covenants that would prevent the property from being managed for purposes consistent with this subchapter.

NR 193.83(2)(b) (b) The acquisition of property through condemnation.

NR 193.83(2)(c) (c) The acquisition of property where the negotiations between the grantee and landowner were not conducted on a willing seller-willing buyer basis.

NR 193.83(2)(d) (d) The acquisition of property on which a dam is located.

NR 193.83(2)(e) (e) The acquisition of property acquired more than one year before a land acquisition grant application is submitted to the department.

NR 193.83(2)(f) (f) The acquisition of property for which an environmental inspection report shows that the property contains undesirable environmental conditions or liabilities or potential liability or hazards that are unacceptable to the department.

NR 193.83(2)(g) (g) Projects that do not provide for public access to the property, unless the department determines that restricting access is necessary to protect wild animals, plants, or other natural features.

NR 193.83(2)(h) (h) Relocation costs.

NR 193.83 Note Note: Because the department requires willing seller-willing buyer negotiations, there is no use of eminent domain and there will be no need for relocation costs.

NR 193.83 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a), (b), (2) (a), (c), (g) made under s. 35.17, Stats., Register May 2020 No. 773.

NR 193.84 NR 193.84 Grantee acquisition match.

NR 193.84(1) (1) The grantee shall pay a grantee acquisition match for a grant awarded under this subchapter amounting to at least 25% of the total project cost using funds not provided by the department. The grantee shall confer with the department if the grantee acquisition match includes federal funds or other state funds to determine applicability as grantee match.

NR 193.84(2) (2) Eligible sources of grantee acquisition match may include cash from the grantee; funds generated by local, non-department state or federal governments; grants or contributions from foundations, businesses, private individuals, or nonprofit organizations; property contributions from a third party if the contribution is made within 3 years of the acquisition of the property and is considered by the department to be eligible for a grant under the same program; property acquired by the grantee within 3 years of the acquisition if the property was not purchased with state funds and is considered by the department to be eligible for a grant under the same program; and property value donated by the property owner.

NR 193.84 History History: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20.

NR 193.85 NR 193.85 General grant conditions when land is acquired under this subchapter. In addition to the provisions specified in s. NR 193.13, the department may include conditions in a grant agreement related to any of the following:

NR 193.85(1) (1) Maximum grant awards. Maximum grant awards may be found in Table 1 in s. NR 193.05.

NR 193.85(2) (2) A requirement for the applicant to inform the landowner that the applicant may apply for a Surface Water Grant.

NR 193.85(3) (3) A requirement that the applicant receive approval from the local unit of government or tribe in which the land is located before land acquisition can occur.

NR 193.85(4) (4) A requirement for the grantee to prepare a land management plan.

NR 193.85(5) (5) A requirement for the grantee to notify the department if land uses are different from those in place at the time the grant was awarded.

NR 193.85(6) (6) The transfer of land ownership to the department if the grantee is dissolved or otherwise ceases to exist.

NR 193.85(7) (7) Grantee property maintenance and management expectations.

NR 193.85(8) (8) Limitations on a grantee’s ability to apply for future grants if the grantee is found to be in non-compliance.

NR 193.85(9) (9) Public access requirements.

NR 193.85(10) (10) A requirement that all other liens must subordinate to the department if grant funds are involved.

NR 193.85(11) (11) Expectations that the grantee and subsequent owners manage the property in accordance with all applicable state, local and federal laws, rules and regulations.

NR 193.85(12) (12) A requirement that a sign be placed on property to acknowledge state assistance and an expectation that the grantee provides and maintains proper signage.