NR 47.86(3)(b) (b) The department shall make basic eligibility determinations, including whether the applicant meets nonindustrial private forest land ownership criteria and minimum and maximum acreage criteria.

NR 47.86(3)(c) (c)

NR 47.86(3)(c)1. 1. Annually, the department may designate a percentage of the total annual funds for any of the following:

NR 47.86(3)(c)1.a. a. A statewide forestry emergency, as designated by the chief state forester. A statewide forestry emergency includes, but is limited to natural and man-made events which cause large areas of forest mortality due to wind, ice, hail, flooding, forest fires, forest insect, or disease.

NR 47.86(3)(c)1.b. b. Practices that accomplish objectives or groups of objectives identified under sub. (2) (a).

NR 47.86(3)(c)2. 2. If funds are available following distribution under subd. 1. a. and b., the funds may be distributed on a first-come-first-serve basis to any approved applications awaiting funding.

NR 47.86(3)(d) (d) Applications not able to be funded during one application period will be held until the subsequent application period unless the landowner requests the application be canceled.

NR 47.86(3)(e) (e) The department shall review applications to determine practice eligibility, based on the following:

NR 47.86(3)(e)1. 1. Consistency with a department approved landowner forest stewardship plan unless the applicant is applying for a grant to develop one.

NR 47.86(3)(e)2. 2. The practice is needed and feasible.

NR 47.86(3)(e)3. 3. The practice is eligible under this subchapter.

NR 47.86(3)(e)4. 4. The practice cost is determined to be at least $200 or more.

NR 47.86(3)(e)5. 5. Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement between the state and the landowner.

NR 47.86(3)(e)6. 6. Upon approval of a practice, the department shall prepare a practice outline that identifies the needed technical practices, specifications, and approximate time frames for the implementation of the practice, to achieve the objectives of the practice. The outline shall be attached to and become part of the landowner forest stewardship plan and shall be effective for the duration of the practice. The requirements in the practice outline shall constitute the basis for determining acceptable performance upon practice completion.

NR 47.86(3)(e)7. 7. Upon approval of a practice, the landowner shall be notified in writing by the department or its agent. The notice shall state that the landowner can begin implementing the approved practice.

NR 47.86(3)(e)8. 8. Within 8 weeks of the end of the batching period, the department shall notify the landowner as to the status of his or her application.

NR 47.86 History History: Cr. Register, March, 1999, No. 519, eff. 4-1-99; CR 02-074: am. (1) (a), (3) (a), (c), (e) 1. and 4. Register November 2002 No. 563, eff. 12-1-02; emerg. am. (3) (a), r. and recr. (3) (c) 2. and 3., eff. 10-4-05; CR 05-087: am. (3) (a), r. and recr. (3) (c) 2. and 3. Register May 2006 No. 605, eff. 6-1-06; CR 12-029: am. (1), (3) (a), r. and recr. (3) (c), am. (3) (e) 8. Register June 2013 No. 690, eff. 7-1-13.

NR 47.87 NR 47.87 Payment to landowners.

NR 47.87(1) (1) A landowner shall complete each practice within 24 months of approval. However, if a practice is not completed in 24 months due to conditions beyond the landowner’s control, the department may grant an extension.

NR 47.87(2) (2) Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the department or its agent.

NR 47.87(3) (3) A practice may consist of one or more component activities. A landowner may receive partial payment for completed components, with approval of the department forester, on the condition that the landowner agrees to complete the remaining components of the practice within the time period specified by the department, not to exceed 24 months following approval to implement the practice, unless an extension is justified as provided in sub. (1).

NR 47.87(4) (4) Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner’s control, the department may approve grant payment under one of the following conditions:

NR 47.87(4)(a) (a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or

NR 47.87(4)(b) (b) The landowner establishes to the satisfaction of the department that the following have been met:

NR 47.87(4)(b)1. 1. A reasonable effort was made to meet the minimum requirements.

NR 47.87(4)(b)2. 2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.

NR 47.87(5) (5) Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner’s control, the department shall require that trees be re-established and shall approve grant assistance for the activity.

NR 47.87(7) (7) To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the state forester.

NR 47.87(8) (8) Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the department for payments on the practices. The state forester may discount the reimbursement owed the department by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the department shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.