NR 51.60 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, June, 1994, No. 462, eff. 7-1-94.

NR 51.61NR 51.61 Applicability. This subchapter applies to the department program to acquire property under s. 23.094, Stats., and to stream bank protection grants to nonprofit conservation organizations pursuant to s. 23.096, Stats.

NR 51.61 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01.

NR 51.62NR 51.62 Definitions. In addition to the definitions in s. NR 51.002, the following definition applies to this subchapter: “Management plan” means a written plan describing conditions and activities which shall be enforced and allowed on property acquired by the department under s. 23.094, Stats., and as defined in s. NR 51.002 (17), for grant projects.

NR 51.62 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. (1), r. (3) and (4), Register, June, 1994, No. 462, eff. 7-1-94; emerg. r. and recr. (intro.), am. (1) and (2), eff. 9-1-00; CR 00-135: r. and recr. (intro.), am. (1) and (2), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (1), r. (2) Register February 2012 no. 674, eff. 3-1-12; correction in numbering under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 51.63NR 51.63 Priority stream identification. The department shall identify priority streams for department projects, using the following criteria, not listed in order of priority:

NR 51.63(1)(1) The extent to which the water quality and fish habitat of the stream are threatened by urban or agricultural runoff. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(2)(2) The extent to which the threat to water quality and fish habitat of the stream can be protected through the acquisition of property. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(3)(3) Streams satisfying subs. (1) and (2) shall be further prioritized based on the following:

NR 51.63(3)(a)(a) The extent to which the stream project provides protection of endangered or threatened resources including natural communities and habitat for rare species.

NR 51.63(3)(c)(c) A determination by the department that the stream’s riparian lands are enrolled in the federal or state programs specified in s. 23.094 (2) (c), Stats., or other federal or state programs that protect or enhance water quality or fish habitat.

NR 51.63 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (2), eff. 9-1-00; CR 00-135: am. (2), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.) Register February 2012 No. 674, eff. 3-1-12.

NR 51.64NR 51.64 Management plans. The sponsor shall prepare a management plan for each stream or stream segment on which it intends to acquire stream bank property. Grant projects require a department approved management plan that will be incorporated by reference into the grant contract.

NR 51.64 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

NR 51.65(1)(1) The following activities are prohibited on stream bank property acquired under this subchapter unless specifically approved by the department in the management plan:

NR 51.65(1)(c)(c) Mowing, grazing or spraying the land with chemicals except to comply with noxious weed control laws in ss. 23.235 and 66.0407, Stats., or to control pests on an emergency basis when such control is necessary to protect public health.

NR 51.65(2)(2) Whenever possible, the property shall include land within at least 66 feet from either side of the stream. Riparian wetlands and lands at least 66 feet from the edge of the wetland shall be included whenever possible.

NR 51.65(3)(3) The department shall purchase and install or pay the cost of purchasing and installing fencing the department determines necessary to protect a stream for which an easement has been acquired.

NR 51.65(4)(4) A landowner subject to an easement may be required to seed native grass or a grass-legume mixture on the land at rates determined by the department to establish and maintain perennial cover or to plant trees on the land subject to the easement.

NR 51.65(5)(5) The department may allow installation and maintenance of management practices meeting USDA natural resource conservation service standards, such as cattle stream crossings, riprap and cattle watering areas, if the management practice does not conflict with the purpose of an easement.

NR 51.65(6)(6) Public access to an eased area may be a condition of an easement if public use does not conflict with the purpose of the easement.

NR 51.65 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (1) (intro.), (2), (4) and (6), eff. 9-1-00; CR 00-135: am. (1) (intro.), (2), (4) and (6), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (5), (6) Register February 2012 No. 674, eff. 3-1-12.

NR 51.66NR 51.66 Grants to nonprofit conservation organizations. The department may award grants to nonprofit conservation organizations to acquire property on stream corridors and within the watershed of the stream which meet the criteria established in s. NR 51.63.

NR 51.66 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.