NR 51.901
NR 51.901
Purpose. The purpose of this subchapter is to establish standards and procedures for grants to governmental units.
NR 51.901 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.902
NR 51.902
Applicability. This subchapter is applicable to towns, villages, cities, counties, tribes, lake sanitary districts, as described in s.
30.50 (4q), Stats., public inland lake protection and rehabilitation districts, and the Kickapoo reserve management board that apply to the department for urban greenspace grants under s.
23.09 (19), Stats., subch.
XIII, aids for the acquisition and development of local parks under s.
23.09 (20), Stats., and subch.
XII, acquisition of development rights grants under s.
23.09 (20m), Stats., and subch.
XV, and urban rivers grants under s.
30.277, Stats., and subch.
XIV.
NR 51.902 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.903
NR 51.903
Definitions. In addition to the definitions in s.
NR 51.002, the following definition applies to this subchapter: “Force Account" means the resources of the sponsor, including personnel services or labor, equipment and materials.
NR 51.903 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: r. and recr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.904(1)(a)
(a) The sponsor shall manage property purchased and property that is developed with funding under this subchapter to preserve and enhance the conservation and recreation values of the property.
NR 51.904(1)(b)
(b) Project boundaries for acquisition and development projects that are submitted with grant applications and approved by the department may not be altered without the approval of the department.
NR 51.904(1)(c)
(c) The sponsor shall declare the state's interest in the Stewardship property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department.
NR 51.904(2)
(2) Requirements for development projects. The following requirements apply to development projects:
NR 51.904(2)(a)
(a) Before development of public facilities begins, other state agencies may require formal project approval concerning health, safety and sanitation requirements, and historical and environmental considerations. Sponsors shall apply for federal and state permits, approvals, licenses or waivers necessary to implement the project. The sponsor may not begin work until all applicable permits have been obtained.
NR 51.904(2)(b)
(b) The department may award grants under this subchapter for development projects on property not owned by the sponsor provided the sponsor has a lease of at least 25 years, and oversight and control of the property for at least 25 years.
NR 51.904(2)(c)
(c) The boundary map submitted by the sponsor shall encompass a viable public outdoor recreation area that is capable of being self-sustaining without reliance upon adjoining or additional areas not identified in the scope of the project. Except in unusual cases where it can be shown a smaller area is clearly a self-sustaining outdoor recreation resource, the area subject to stewardship protection will be the park, open space, or recreation area being developed.
NR 51.904(4)
(4) Consistency with local planning. Before a grant is issued by the department, the property to be acquired or the proposed development project shall be consistent with a CORP that has been adopted by a governmental unit no more than five years prior to the date of the grant application. The department may establish interim eligibility for sponsors with CORPs adopted more than five years before the grant application date, if the sponsor can demonstrate that a revised CORP is under contract with a planning agency, is documented as being developed by the applicant, or is pending before the sponsor's governing body.
NR 51.904 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: cr. (1) (title), (c), (2) (c), renum. (1), (2), (9) (b) to be (1) (a), (b), (2) (b) and am., renum. (9) (intro.), (a) to be (2) (intro.), (b), r. and recr. (3), (4), r. (5) to (8)
Register February 2012 No. 674, eff. 3-1-12; corrections in (2) (title), (3) made under s.
13.92 (4) (b) 2., Stats.
NR 51.905
NR 51.905
General priorities. For fiscal years 2002 and later, factors that shall be considered in rating projects requesting funding under subchs.
XII,
XIII,
XIV, and
XV include:
NR 51.905(1)
(1) Whether or not a community has or is developing a comprehensive plan pursuant to s.
66.1001, Stats.
NR 51.905(2)
(2) Whether the comprehensive plan incorporates intergovernmental cooperation.
NR 51.905(3)
(3) Whether the project is supported by or is part of a comprehensive plan prepared pursuant to s.
66.1001, Stats.
NR 51.905 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.), (2)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.906
NR 51.906
Application and grant award procedures. NR 51.906(1)(1)
Project sponsors shall submit applications on prescribed department forms to the appropriate region office delivered or postmarked no later than May 1 of each year.
NR 51.906 Note
Note: Copies of application forms and instructions are available from the DNR, Bureau of Community Assistance, Box 7921, Madison, WI 53707.
NR 51.906(2)
(2) The department shall evaluate, score, and rank completed applications to determine which sponsors shall receive grants under subchapters XII, XIII, XIV, and XV of this chapter.
NR 51.906(3)
(3) The department shall fund projects in rank order within each grant program until all grant funds available within a grant program have been awarded.
NR 51.906(4)
(4) The department may notify all sponsors of the status of their grant application, and if awarded, the department shall provide a grant contract to the successful applicant.
NR 51.906(5)
(5) Property acquisition and development projects may not begin prior to the project period start date except as provided in s.
NR 51.907 (1) (b) for retroactivity of land acquisition costs and s.
NR 51.907 (2) (a) 4. for retroactivity of engineering and planning fees.
NR 51.906(6)
(6) Project activities and costs incurred shall be within the project period, scope and amount as shown in the grant contract.
NR 51.906(7)
(7) A sponsor may request a change in project period, scope, or grant amount prior to the project period end date.
NR 51.906(8)
(8) The department may make a conditional decision to approve a project or award a grant, but withhold a final decision or grant payment until all identified contingencies are satisfied.
NR 51.906 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (1) to (4), (6) to (7), cr. (8)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.907(1)(a)(a) Requirements and calculations of grant cost share for land acquisition projects shall be determined pursuant to s.
NR 51.006 (1).
NR 51.907(1)(b)
(b) Land acquisition costs may be retroactive for up to one year before the grant application is submitted to the department by the sponsor, provided that the sponsor can demonstrate a need to proceed at the time.
NR 51.907(2)(a)
(a) The department may issue grants for up to 50 percent of necessary development project costs that are consistent with the project scope and incurred during the project period. The sponsor shall indicate all known sources of the sponsor match when the grant application is submitted to the department. Eligible costs include, but are not limited to:
NR 51.907(2)(a)1.
1. Labor costs including force account labor directly related to and required for completing the project. Costs shall be based on the actual wage rate paid by the sponsor including salary and fringe benefits.
NR 51.907(2)(a)2.
2. Direct costs for materials and equipment used for project-related purposes over their useful life or in the case of force account materials or equipment time, the cost of the portion used for the project.
NR 51.907(2)(a)3.
3. The cost of leased equipment used for project related purposes. The cost of the use of equipment owned by the sponsor may not exceed the county highway rates established annually by the Wisconsin department of transportation.
NR 51.907 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Ave., Madison 53705.
NR 51.907(2)(a)4.
4. Engineering or planning fees necessary to complete the project. These costs may be retroactive.
NR 51.907(2)(b)
(b) The substantiated value of materials, equipment, professional services or labor donated for the project may be used as all or part
of the sponsor match of the project cost subject to all of the following:
NR 51.907(2)(b)1.
1. All known sources of the sponsor match shall be identified when the grant application is submitted.
NR 51.907(2)(b)2.
2. The maximum value of donated, non-professional labor shall be equal to the prevailing Wisconsin minimum wage requirements.
NR 51.907(2)(b)3.
3. The value of donated materials and professional services shall conform to market rates and be established by invoice.
NR 51.907(2)(b)4.
4. The value of donated equipment use shall conform to the Wisconsin department of transportation highway rates for equipment.
NR 51.907 Note
Note: The county highway rates for equipment are formulated under s.
84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Ave., Madison 53705.
NR 51.907(2)(b)5.
5. The value of a property donation may be used as sponsor match for a development project.
NR 51.907(2)(b)6.
6. The donated value is reasonable and necessary for carrying out the project.
NR 51.907(2)(c)
(c) Costs not directly associated with or necessary for the implementation of the project are ineligible for grant funding. Ineligible costs include, but are not limited to:
NR 51.907(2)(c)1.
1. Fines and penalties due to violation of, or failure to comply with, federal, state or local laws and regulations.
NR 51.907(2)(c)3.
3. Costs for which payment has been or will be received from any other funding source.
NR 51.907(2)(c)4.
4. Costs associated with operation and maintenance of parks and other outdoor recreation areas and facilities.
NR 51.907 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (1) (a), (b), (2) (a) (intro.), 3., (b) (intro.), 1., 2., 5., r. (1) (c), cr. (2) (a) 5., (b) 6.
Register February 2012 No. 674, eff. 3-1-12; corrections in (1) (a) (title), (b) (title), (2) (a) (title), (b) (title), (c) (title) made under s.
13.92 (4) (b) 2., Stats.,
Register February 2012 No. 674.
NR 51.908(1)(1)
Sponsors may request an advance payment of up to 50 percent of the grant amount at the time the grant agreement or grant contract is signed by the department and project sponsor.
NR 51.908(2)
(2) The department may approve final grant payments when the following conditions have been satisfied:
NR 51.908(2)(a)
(a) The sponsor has submitted a claim supported by appropriate evidence of project expenditures. Accounting for all grants under this subchapter shall be in accordance with generally accepted accounting principles and practices. Financial records including documentation to support accounting records shall be available for review by the department for a period of 4 years after final payment.
NR 51.908(2)(b)
(b) For land acquisition projects, the value of the property has been approved by the department according to department appraisal guidelines.
NR 51.908 Note
Note: The department's appraisal guidelines are available from any DNR region office or the DNR Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.908(3)
(3) The sponsor shall submit all claims for payment on department prescribed forms.
NR 51.908 Note
Note: The payment forms may be obtained from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 51.908(4)
(4) The sponsor shall submit claims for final reimbursement within 6 months of the completion of the project or the project period end date, whichever comes first.
NR 51.908(5)
(5) The department may withhold final payment of the grant amount until all project, legal and program requirements have been complied with.
NR 51.908 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (1), (2) (a), (c), (4)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.910
NR 51.910
Purpose. The purpose of this subchapter is to establish standards and procedures for the administration of grants under s.
23.09 (20), Stats., to governmental units and nonprofit conservation organizations to acquire property for nature-based outdoor recreation and to governmental units to develop property for nature-based outdoor recreation facilities.
NR 51.910 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.911
NR 51.911
Applicability. This subchapter is applicable to governmental units applying for grants for the acquisition and development of property under s.
23.09 (20), Stats., and to nonprofit conservation organizations applying for grants for the acquisition of property under s.
23.096, Stats.
NR 51.911 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.912
NR 51.912
Definitions. In addition to the definitions in s.
NR 51.002, the following definition applies to this subchapter: “Aids for the acquisition and development of local parks" means the program created under s.
23.09 (20), Stats., with funds appropriated under s.
20.866 (2) (ta), Stats.
NR 51.912 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.913
NR 51.913
Allocation of funds. The department shall apportion funds to projects on a region allocation system. Seventy percent of the funds available under this subchapter shall be allocated on the basis of each region's proportionate share of the state population. The remaining 30 percent shall be divided equally between the counties and then apportioned to each region based on the number of counties in the region.
NR 51.913 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.914(1)(1)
A sponsor may only use grant funds provided under this subchapter for nature-based outdoor recreation pursuant to s.
23.09 (20) (am), Stats., and support facilities for nature-based outdoor recreation.
NR 51.914(2)
(2) Sponsors shall submit a local comprehensive outdoor recreational plan in order to be eligible for grants under this subchapter. A plan shall be consistent with the outdoor recreation program under s.
23.30, Stats., and s.
NR 51.904 (4).
NR 51.914(3)
(3) Sponsors may request additional grant funding for cost overruns beyond the amount of the original grant award if funds are available.
NR 51.914 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (2), (3)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.915
NR 51.915
Eligible development projects. Development projects eligible for grant funds include, but are not limited to:
NR 51.915(1)
(1) Support facilities for swimming in a natural waterbody, including beaches, swimming areas and bathhouses.
NR 51.915(2)
(2) Fishing and hunting facilities, such as fishing piers and trails.
