NR 51.002 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26), eff. 9-1-00; CR 00-135: am. (1), renum. (2) to (9) and (11) to (15) to be (6), (9), (13), (16), (17), (20), (21), (23), (25) and (27) to (30) and am. (13), (17), (25), (27), (29) and (30), cr. (2) to (5m), (7), (8), (10) to (12), (14), (15), (18), (19), (22), (24) and (26), Register July 2001, No. 547 eff. 8-1-01; correction in (5m) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592; CR 10-127: am. (1), (3), (4) (a), (7), (9), (11), (13), (17), (19), (24), (27), (28), (30), cr. (2m), (3m), (5r), (6d), (7d), (8m), (13m), (26e), (26m), (26s), (29m), (31), (32), (17d), (17m) renum. from 51.42 (4), (5) and am. Register February 2012 No. 674, eff. 3-1-12; CR 13-022: am. (1) Register March 2014 No. 699, eff. 4-1-14.

NR 51.003NR 51.003 Variances. The department may approve in writing a variance from a requirement of this chapter if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best interest of the stewardship program. Before approving a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the sponsor, financial hardship and landowner demands. The department may seek the advice of the stewardship advisory council before issuing a variance. The department may not grant variances from statutory requirements.

NR 51.004(1)(1) Under s. 23.197 (4), Stats., the department may award one stewardship grant per group to conservation organizations that have entered into a cooperative agreement with a nonprofit organization to apply for the grant. The cooperative agreement shall be on a form approved by the department.

NR 51.004(2)(2) Stewardship grants to conservation organizations shall be for up to 50 percent of eligible project costs. A grant shall be at least $2,500 and may not exceed $20,000, which may be paid in multiple installments during the duration of the stewardship program under s. 23.197 (4), Stats.

NR 51.004(3)(3) The stewardship grant may be used for habitat restoration projects under s. NR 51.46 or for property acquisition for the purposes described in s. NR 51.05, except that conservation organizations may not receive grants for the Baraboo hills under subch. X or bluff protection under subch. IV.

NR 51.004(4)(4) A conservation organization and nonprofit organization that enter into a cooperative agreement to apply for a stewardship grant shall also enter into a grant contract with the department if a grant is awarded. The grant contract shall contain restrictions and conditions on the use of stewardship grant funds and on any property acquired with those funds.

NR 51.004(5)(5) Title to property acquired with a stewardship grant awarded to a conservation organization shall vest in the nonprofit organization. If the nonprofit organization or conservation organization violates any essential provision of the grant contract, as described in s. NR 51.07 (3), title to the land shall vest in the state.

NR 51.004(6)(6) Conservation organizations applying for grants for property acquisition shall meet all the requirements of this chapter. The department shall evaluate the property according to the eligibility criteria and priorities in ss. NR 51.05 and 51.06.

NR 51.005(1)(1) The sponsor shall remit to the department that percentage of all revenues from the sale of any structures, improvements, or personal property that were included in the appraisal and subsequent acquisition cost equal to the percentage of cost-sharing received under this chapter.

NR 51.005(2)(2) Income accruing to property receiving a grant under this chapter shall be used to further the objectives of the project as stated in the grant contract unless the department authorizes the income to be used to further the objectives of another stewardship project or the property is entered into the county forest law program under s. 28.11, Stats. If the property is entered into the county forest law program, income derived from the property shall be distributed according to s. 28.11, Stats.

NR 51.005(3)(3) The sponsor may charge reasonable entrance, service or user’s fees to defray operation and maintenance costs. Such costs shall be approved by the department. Fees for hunting permits shall be consistent with s. 23.09165 (3) (h), Stats. This subsection shall not apply to subchapter XVII.

NR 51.005(4)(4) Sponsors shall comply with applicable state and federal regulations including bidding and awarding contracts, land acquisition, relocation, wage and labor rates, general and special zoning, land use permit requirements, access for persons with disabilities, flood disaster protection, environmental quality, and historical and archaeological preservation.

NR 51.005(5)(5) A sponsor shall agree to comply with program requirements under this chapter for a property purchased or developed with a stewardship grant in perpetuity. Unless otherwise noted in the grant agreement or contract, a sponsor shall be responsible for operation and maintenance of any property or facility for which stewardship funds have been issued.

NR 51.005 NoteNote: The following information is from ch. Adm 92. Under s. Adm 92.01 (14), “an owner occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power” is not a displaced person and is not entitled to relocation assistance. Tenants who occupy a property are entitled to relocation assistance even if the owner is voluntarily selling the property. Under s. Adm 92.01 (14) (b) 4., a “tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project” but who can remain permanently on the property subject to normal rental conditions and provisions may not be a displaced person who qualifies for relocation assistance so long as they are not required by the sponsor to move. Under s. Adm 92.01 (33), relocation assistance shall apply to all stewardship grants where the total of stewardship grants and all other public financial assistance or direct government acquisition costs in a project are at least $25,000 for a project with total costs of less than $50,000; or at least 50 percent in a project having total costs of $50,000 or more.

NR 51.005(7)(7) Sponsors 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 military status.

NR 51.005(8)(8) Negotiations between the sponsor and landowner shall be conducted on a willing seller - willing buyer basis. The department may require the sponsor to inform the landowner in writing that the sponsor may apply for a stewardship grant.

NR 51.005(9)(9) The department shall have access to land acquired or developed with a stewardship grant in order to monitor compliance with the grant contract or carry out any management activity necessary to ensure the public’s rights and safety. The department may require project sponsors to conduct self-inspections of these properties and periodically submit reports to the department.

NR 51.005(10)(10) With prior written approval of the department, the sponsor may transfer the property acquired under this chapter to a third party that is not a creditor of the organization and that is eligible to receive a grant under this chapter, or is an agency of the state of Wisconsin or U.S. government. Department approval of the transfer is not valid until the assignment is signed by the department and recorded in the appropriate county register of deeds office. Except as provided in s. NR 51.968 (2) (b), transfers of property shall include all of the following conditions: