NR 51.963 NoteNote: Memorandum of agreement is available from DNR Division of Forestry, Bureau of Forest Management, County Forest Specialist – FR/4, 101 S. Webster St., P.O. Box 7921, Madison, WI. 53707-7921.

NR 51.964(1)(1) Program criteria and application ranking. The department shall consider the following broad criteria as well as specific indicators referenced in the memorandum of agreement in s. NR 51.963 when evaluating and ranking applications submitted under this subchapter.

NR 51.964(1)(a)(a) All the purposes identified in s. 28.11 (1), Stats.

NR 51.964(1)(b)(b) Whether the project has regional or statewide significance including recreational trail connectivity, watershed protection, the presence of regionally important wildlife or communities as identified in the natural heritage database or a conservation opportunity area as identified in the wildlife action plan.

NR 51.964(1)(c)(c) Degree to which the site is threatened by development or conversion to other land use.

NR 51.964(1)(d)(d) Whether the project is within the county forest acquisition boundary identified in the county forest comprehensive land use plan.

NR 51.964(1)(e)(e) Whether the project is identified as an important acquisition within an existing plan or database including the land legacy report, statewide forestry plan, forest legacy plan, county outdoor recreation plan, county forest comprehensive land use plan, natural heritage inventory database, or other similar plans.

NR 51.964(2)(2) Funding availability. The department shall provide notice of the annual maximum funding allotment from s. 23.0917 (3), Stats., to counties through the processes defined in the memorandum of agreement identified in s. NR 51.963. Any portion of each year’s funding allotment not awarded by the following February 28 shall revert to the department for land acquisition under s. 23.0917 (3), Stats.

NR 51.965(1)(1) Eligible costs. Eligible costs include all the components under ss. NR 51.002 (1) and 51.006 (2). The department shall consider as eligible those project costs incurred up to one year before the date the grant application is submitted, provided that the county can demonstrate a need to proceed with the purchase at the earlier time.

NR 51.965(2)(2) Ineligible costs. Costs not listed as eligible shall not be funded by a grant under this subchapter. Ineligible costs include environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in ss. NR 51.002 (1) and 51.006 (2).

NR 51.965 HistoryHistory: CR 10-127: cr. Register February 2012 No. 674, eff. 3-1-12; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.

NR 51.966(1)(1) Application content. To apply for a grant under this subchapter, eligible applicants shall submit applications to the department as stipulated in the memorandum of agreement referenced in s. NR 51.963.

NR 51.967(1)(1) Application review. The department shall only consider complete applications. If the department finds that an application is incomplete, the department shall request missing information from the county. The department may also request from the county more detailed information deemed necessary for review of the application. The department shall base its evaluation of applications on information submitted in the application as well as site visits and technical review comments. Property shall be evaluated and grants awarded according to criteria and priorities identified in the memorandum of agreement referenced in s. NR 51.963.

NR 51.967(2)(2) Appraisals. For property valued less than $350,000, the county shall order one appraisal. No appraisal ordered by the seller shall be accepted. If the property value is more than $350,000, the department shall order a second appraisal.

NR 51.967(3)(3) Review by the Wisconsin legislature. Any grant awarded under this chapter shall be reviewed by the joint committee on finance of the Wisconsin legislature if the award amount requires legislative approval pursuant to s. 23.0917 (6m) (c), Stats.

NR 51.967(4)(4) Calculating grant award. The department shall calculate the grant award amount in accordance with s. 23.0917 (7), Stats. The department shall issue grant awards not to exceed 50 percent of the eligible costs.

NR 51.968(1)(1) Grant contract. The department shall formalize each grant award by issuing a grant contract to each successful county. The grant contract recognizes the department’s interest in the property acquired and ensures that the county provides adequate land management and maintenance in accordance with the county forest comprehensive land use plan. The county shall record the grant contract on the property deed at the county register of deeds office where the property being purchased is located.

NR 51.968(2)(a)(a) A county acquiring property with a grant under this subchapter shall meet the requirements of s. 28.11, Stats. Further, within one year of the execution of a grant contract, the county shall enter the property and any property used to meet the matching funds requirement of this subchapter into the county forest law program as stipulated in s. 28.11 (4), Stats., and amend its county forest comprehensive land use plan as required by s. 28.11 (5), Stats. The county’s failure to comply with this provision shall result in termination of the grant contract by the department and all title, rights and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment. Properties entered into the county forest law program shall be subject to management review afforded by ss. 28.11 (5) and 28.11 (6), Stats.