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.

NR 51.968(2)(b)(b) The county may not convert any property acquired under this subchapter to any use other than that provided under s. 28.11, Stats., unless the property is withdrawn from county forest law as approved in writing by the department and provided under s. 28.11 (11), Stats. In such an instance, the county shall replace the property with a different one of at least equal value and benefit to the county forest law program as the property withdrawn.

NR 51.968(2)(c)(c) The county may not convey any permanent interest or encumbrance in property acquired under this chapter to a third party through the use of a lease or easement inconsistent with the purposes set forth in s. 28.11 (1), Stats., and this subchapter. The county may allow temporary non-exclusive use permits.

NR 51.968(2)(d)(d) A county receiving a grant under this subchapter may not discriminate against any person in the use and enjoyment of the property on the basis of age, race, creed, color, handicap, marital status, conviction record, arrest record, gender, national origin, ancestry, sexual orientation or membership in the national guard, state defense force, or any other reserve component of the military forces of the United States or this state.

NR 51.968(3)(3) Contract violations. If a county violates an essential condition of the grant contract, as identified in the grant contract, and fails to correct that violation within 6 months after written notification from the department, the county shall be in violation of the grant contract, and all title, right and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment.

NR 51.968(4)(4) Project signage. A county receiving a grant under this subchapter shall acknowledge the state’s assistance in acquiring fee title ownership of the property by placement of signs or in any other manner as approved by the department. Signage shall be in compliance with s. 23.09165 (3), Stats.

NR 51.969(2)(a)(a) The county has submitted a reimbursement request on a form provided by the department. The county shall attach to the reimbursement request all receipts, cancelled checks, and other supporting documentation related to the project. The county shall use generally accepted accounting principles and practices in its administration of the project. The county shall retain all financial records associated with the project for a period of 4 years after the department issues final payment.

NR 51.969 NoteNote: Reimbursement request forms are available from any department region office or the DNR Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.