Chapter NR 51

NR 51.883(7) (7) Grants may not be awarded until the following 2 criteria are met:

NR 51.883(7)(a) (a) The Wisconsin department of transportation has certified to the department that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City.

NR 51.883(7)(b) (b) Matching property acquisition of sufficient valuation to equal or exceed the value of any grants given through this program shall be certified by the department according to department appraisal guidelines. Matching property acquisition shall meet the following requirements:

NR 51.883(7)(b)1. 1. The acquisition shall provide for the perpetual protection of the conservation values of the matching property.

NR 51.883(7)(b)2. 2. The funds used for the acquisition shall be federal non-transportation funds, governmental unit funds or nonprofit conservation organization funds.

NR 51.883(7)(b)3. 3. The acquisition shall be in the Baraboo hills.

NR 51.883(7)(b)4. 4. The acquisition shall have closed on or after October 29, 1999.

NR 51.883 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), (3), (6), (7) (b) 1. Register February 2012 No. 674, eff. 3-1-12.

NR 51.884 NR 51.884 General provisions.

NR 51.884(1) (1) In order to be eligible for funding under this subchapter, acquisition of property shall:

NR 51.884(1)(a) (a) Be located in the Baraboo hills. Property located within the acquisition boundary of any state park or state-owned natural area as of March 29, 1999, is not eligible for grants under this subchapter.

NR 51.884(1)(b) (b) Provide for the perpetual protection of the conservation values of the property. Temporary agreements do not qualify for funding.

NR 51.884(1)(c) (c) Contribute to protection of the forest resource in the Baraboo hills.

NR 51.884(1)(d) (d) Be from willing sellers.

NR 51.884(2) (2) Property that is forested at the time of acquisition shall be maintained as forest. Forested lands may only be commercially harvested for timber in accordance with a forest management plan. If the property is acquired in fee by the sponsor, the forest management plan shall be approved by the department. If the acquisition is for an easement, the easement shall provide that if the landowner chooses to do forest management, it shall be done in accordance with a forest management plan approved by the party acquiring the easement.

NR 51.884(3) (3) An easement acquired with grant funds may not prohibit the landowner from the future conversion of any unforested portions of the land to forest land appropriate to the site.

NR 51.884(4) (4) The application shall include a comprehensive description of the sponsor’s plans for future monitoring and management of the property.

NR 51.884(5) (5) Property acquired under the Baraboo hills grant program may not be converted to uses other than conservation.

NR 51.884 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) Register February 2012 No. 674, eff. 3-1-12.

NR 51.885 NR 51.885 Priorities.

NR 51.885(1) (1) The department shall select property for financial assistance in accordance with the following priorities that are not listed in order of priority:

NR 51.885(1)(a) (a) Acquisitions with significant natural features identified in the natural heritage inventory or other plan identifying natural resources of regional or national significance.

NR 51.885(1)(b) (b) Acquisitions that are identified for conservation or recreation in a plan approved by a governmental unit.

NR 51.885(1)(c) (c) Acquisitions within or contiguous to a large forested block.

NR 51.885(1)(d) (d) Acquisitions maximizing the protection of other large forested blocks.

NR 51.885(1)(e) (e) Acquisitions showing little effect of human disturbance and supporting a wide variety of species appropriate to native forest tracts.

NR 51.885(1)(f) (f) Acquisitions affording opportunities for forest restoration.

NR 51.885(2) (2) The department shall also consider the following other factors, not listed in priority order, but they shall be of lower priority than the priorities listed in sub. (1):

NR 51.885(2)(a) (a) Acquisitions that satisfy a relevant statewide or department regional priority need identified in the statewide comprehensive outdoor recreation plan need analysis.

NR 51.885(2)(b) (b) Acquisitions that provide and enhance outdoor, natural resource related recreation opportunities.

NR 51.885(2)(c) (c) Acquisitions that involve a joint effort by 2 or more eligible sponsors.

NR 51.885(2)(d) (d) Acquisitions that have substantial community support.

NR 51.885(2)(e) (e) Acquisitions that have significant aesthetic value.

NR 51.885(2)(f) (f) Acquisitions that implement elements of water quality plans or initiatives.

NR 51.885(2)(g) (g) Acquisitions that are accessible, where accessibility is appropriate.

NR 51.885(2)(h) (h) Acquisitions that have water frontage.

NR 51.885(2)(i) (i) Acquisitions that connect to other conservation lands.

NR 51.885(2)(j) (j) Acquisitions that protect sensitive wildlife habitat.

NR 51.885 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) (intro.), (b) Register February 2012 No. 674, eff. 3-1-12.

subch. XI of ch. NR 51 Subchapter XI — Governmental Units

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 NR 51.904 General provisions.

NR 51.904(1) (1) Property management, boundaries, and deed.

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(3) (3) Requirements for acquisition projects. Requirements that apply to acquisition projects can be found in s. NR 51.005 and NR 51.006.

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 NR 51.907 Grant awards.

NR 51.907(1) (1) Land acquisition projects.

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) (2) Development projects.

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)(a)5. 5. Fees for permits necessary to complete the project.

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.