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.
NR 47.87(9)(9)No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.
NR 47.87 HistoryHistory: Cr. Register, March, 1999, No. 519, eff. 4-1-99; emerg. r. (9), renum. (10) to be (9), eff. 10-4-05; CR 05-087: r. (9), renum. (10) to be (9) Register May 2006 No. 605, eff. 6-1-06; CR 12-029: am. (1), (3), r. (6) Register June 2013 No. 690, eff. 7-1-13.
NR 47.88NR 47.88Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.
NR 47.88 HistoryHistory: Cr. Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.89NR 47.89Enforcement.
NR 47.89(1)(1)If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.
NR 47.89(2)(2)If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.
NR 47.89(3)(3)Nothing in this subchapter requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.89 HistoryHistory: Cr. Register, March, 1999, No. 519, eff. 4-1-99.
NR 47.895NR 47.895Funding. Funding for grants under these rules includes:
NR 47.895(1)(1)Funds appropriated for the grant program established under s. 26.38, Stats.
NR 47.895(2)(2)Other state, federal, or nonprofit organization funds appropriated for the purpose of encouraging private forest landowners to manage lands in a manner that benefits this state’s forest and related resources and the people of the state, provided the practice or practices identified for the funding are consistent with any identified in this subchapter as eligible for funding.
NR 47.895(3)(3)Other state, federal, or nonprofit organization funds distributed through this subchapter shall be distributed to practices or projects consistent with the appropriation.
NR 47.895 HistoryHistory: CR 02-074: cr. Register November 2002 No. 563, eff. 12-1-02; CR 12-029: am. (2), (3) Register June 2013 No. 690, eff. 7-1-13.
subch. VIII of ch. NR 47Subchapter VIII — Forest Fire Protection Grant Program
NR 47.90NR 47.90Purpose. The purpose of this subchapter is to implement and administer forest fire protection grants to municipal fire departments and other fire suppression organizations, as authorized under s. 26.145, Stats. The purpose of the grant funding is to expand the use of local fire departments to augment and strengthen the department’s overall initial attack fire suppression capabilities on forest fires.
NR 47.90 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.901NR 47.901Applicability. The provisions of this subchapter are applicable to certain municipalities and not-for-profit organizations of the state who apply for forest fire protection grants under this subchapter.
NR 47.901 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
NR 47.902NR 47.902Definitions. In this subchapter:
NR 47.902(1)(1)“Applicant” means the Wisconsin municipality, fire department or fire suppression organization that submits an application for grants under this subchapter.
NR 47.902(2)(2)“Fire department” has the meaning contained in s. 213.08, Stats.