NR 199.08(1)(b)6.a.a. Property encumbered by an easement may not be converted to uses inconsistent with the easement. All structural development, including residential, industrial or commercial development, is prohibited on those areas of easement property that are encumbered by a municipal flood control grant. Additional restrictions or conditions may be imposed by the easement or grant contract.

NR 199.08(1)(b)6.b.b. Agricultural, forestry, recreation and related open space uses may be permitted on property encumbered by an easement as long as those activities are compatible with the purposes of the municipal flood control program and the project.

NR 199.08(1)(b)6.c.c. Any agricultural use within the area encumbered by an easement shall be carried out in accordance with the conditions, standards and specifications of a soil and water conservation plan approved by the natural resources conservation service office located in each county.

NR 199.08(1)(b)6.d.d. Harvesting of timber within the area encumbered by an easement shall be carried out in accordance with the conditions of a forest management plan approved by the department.

NR 199.08(1)(b)6.e.e. Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Department best management practices shall be employed to the greatest extent possible for the project. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

NR 199.08(1)(b)6.f.f. If a grant application is submitted for a property as part of an acquisition of conservation and flowage easements and that property is subsequently withdrawn from consideration, another property may be substituted if inclusion of that property would result in the same or higher ranking as the application received with the original property.

NR 199.08(2)(2) Ineligible costs. Those costs which the department determines are not directly associated with or necessary to implement the project are ineligible for grants. Ineligible costs include, but are not limited to:

NR 199.08(2)(a)(a) Fines and penalties due to violations of federal, state or local laws and regulations.

NR 199.08(2)(b)(b) Ordinary operating expenses of local government applicants, such as salaries and expenses of public officials, that are not directly related to the project.

NR 199.08(2)(c)(c) Indirect costs including administrative costs and costs to purchase vehicles or other property not directly related to the project.

NR 199.08(2)(d)(d) Costs for which payment has been, or will be, received from any other funding source.

NR 199.09(1)(a)(a) The state share of the project cost may not be greater than 70% of the eligible project costs.

NR 199.09(1)(b)(b) A grant provided under this chapter for acquisition of easements or real property may not exceed the lesser of 70% of the purchase price by the municipality, or fair market value.

NR 199.09(1)(c)(c) In any fiscal year, the department may not provide to any applicant more than 20% of the funding available under this chapter.

NR 199.09(1)(d)(d) The applicant shall obtain all necessary permits and approvals for the project prior to grant award for acquisition or development.

NR 199.09(1)(e)(e) The grant period shall be for 2 years. The department may grant a one-year extension.

NR 199.09(2)(a)(a) The local share of the project cost may not be less than 30% of the eligible project costs.

NR 199.09(2)(b)(b) The substantiated value of donated materials, equipment, services and labor may be used as all or part of the local share of the project cost subject to all of the following:

NR 199.09(2)(b)1.1. All sources of local share donation shall be indicated when the grant application is submitted.

NR 199.09(2)(b)2.2. The maximum value of donated, non-professional labor shall be equal to the prevailing federal minimum wage requirements.

NR 199.09(2)(b)3.3. The value of donated equipment may not exceed the Wisconsin department of transportation highway rates for equipment.

NR 199.09(2)(b)4.4. The value of donated materials and professional services shall conform to market rates and be established by invoice.

NR 199.09(2)(c)(c) For land acquisition projects, the substantiated value of donated contributions of real property may be used as part of the local share of the project cost subject to all of the following:

NR 199.09(2)(c)1.1. Contributions of property are eligible as grant recipient match only if the donated property lies within the boundaries of a project which has been approved under the same component of the municipal flood control program as the property being acquired.

NR 199.09(2)(c)2.2. The fair market value of a contribution of property may be used as local share. The amount of the property donation that can be used for match equals the value of the donation or the amount of cash needed by the applicant for the purchase, whichever is less, so there will be no cash back in excess of the moneys actually needed for the purchase.