NR 51.950 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.90, eff. 9-1-00;
CR 00-135: renum. from NR 51.90,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: renum. from 51.990 and am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.951
NR 51.951 Applicability. This subchapter is applicable to friends groups organized for, and under formal written agreements with the department for properties or programs under s.
23.098 (1), Stats., and
s. NR 1.71.
NR 51.951 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; am.
Register, December, 1997, No. 504, eff. 1-1-98; emerg. renum. from NR 51.91, eff. 9-1-00;
CR 00-135: renum. from NR 51.91,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: renum. from 51.991
Register February 2012 No. 674, eff. 3-1-12.
NR 51.952
NR 51.952 Eligible and ineligible projects. NR 51.952(1)
(1)
Eligible projects. The department may award grants for the operation and maintenance of state parks, southern state forests, state trails, or state recreation areas. All projects shall be consistent with department approved plans for the property. Eligible projects are those which fall within the priorities of
s. NR 51.953.
NR 51.952(2)
(2) Ineligible projects. Ineligible projects include:
NR 51.952(2)(a)
(a) Acquisition and development of areas and facilities that do not meet the definition of nature-based outdoor recreation specified in
s. NR 51.002 (19), such as spectator sports, swimming pools, dedicated sports fields, tennis courts, and hockey rinks.
NR 51.952 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.92 and am., eff. 9-1-00;
CR 00-135: renum. from NR 51.92 and am.,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: (1) renum. from 51.992 and am., am. (title), cr. (2)
Register February 2012 No. 674, eff. 3-1-12; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 51.953
NR 51.953 Priorities. Priority shall be given to projects that do any of the following, not listed in order of priority:
NR 51.953(1)
(1) Provide, maintain or operate department approved interpretive programs.
NR 51.953(2)
(2) Provide or maintain accessibility for people with disabilities.
NR 51.953(3)
(3) Assist in the restoration or rehabilitation of native plant communities and projects that protect or enhance species of special conservation needs.
NR 51.953(4)
(4) Maintain or operate basic facilities already provided at the property.
NR 51.953 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.93, eff. 9-1-00;
CR 00-135: renum. from NR 51.93,
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: (intro.), (3) renum. from 51.993 (intro.), (3) and am., (1), (2), (4) renum. from 51.993 (1), (2), (5), r. 51.993 (4)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.954
NR 51.954 Application, local match, and grant award procedures. NR 51.954(1)(a)(a) Applications shall include a description of the proposed project, a cost estimate, timetable and other information required by the department. This information shall be provided on forms provided by the department.
NR 51.954 Note
Note: Applications are available from the DNR, Bureau of Parks and Recreation, PO Box 7921, Madison, WI, 53707.
NR 51.954(1)(b)
(b) To receive a grant under this subchapter, applications shall be postmarked no later than November 15 each year.
NR 51.954(2)
(2) Local match. To qualify for a grant under this subchapter, a friends group shall have established an endowment fund for the benefit of a state park, a southern forest, a state trail, or a state recreation area and shall have entered into a written agreement with the department for operation or maintenance of state property. A friends group may only use the interest generated by the endowment fund for the purpose of providing local match.
NR 51.954(3)(a)(a) The department shall award grants for up to 50 percent of approved total project costs. Project costs not funded with a grant under this subchapter shall be paid by local match as described in
sub. (2). The maximum amount the department may award each friends group is not more than $30,000 for each friends group in a grant cycle.
NR 51.954(3)(b)
(b) The department shall only evaluate complete applications to determine which applications shall receive grant funding. The department may advance grant funds to the successful sponsor once the sponsor can show it has 100 percent of the sponsor match.
NR 51.954 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-96; emerg. renum. from NR 51.94 and am. (2) and (4) to (6), eff. 9-1-00;
CR 00-135: renum. from NR 51.94 and am. (2) and (4) to (6),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: (title), (2), (3) (a), (b) renum. from 51.994 (title), (3) to (5) and am., (1) (a) renum. from 51.994 (1), cr. (1) (title), (b), (2) (title), (3) (title), 51.994 (6) renum. to be 51.955
Register February 2012 No. 674, eff. 3-1-12.
NR 51.955
NR 51.955 Records Retention. Each friends group that receives a grant award under this subchapter shall maintain accurate and complete financial records of project expenses for 4 years following final payment from the department in accordance with department reporting requirements. Each friends group shall perform accounting in accordance with generally accepted accounting principles and practices. Each sponsor shall submit a final accounting of project expenditures to the property manager within 90 days of the completion of the project or by the date indicated in the grant agreement, whichever is sooner. If the project is to provide for general operations or maintenance on the property, then with the approval of the department, the final accounting of project expenditures may consist of a year-end financial statement. If actual expenses for the project are less than estimated, the friends group shall return any unused grant funds it has received with the final report.
NR 51.955 Note
Note: Copies of the department's financial reporting requirements and forms are available from the department property manager.
NR 51.955 History
History: CR 10-127: renum. from 51.994 (6) and am., cr. (title)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.960
NR 51.960 Purpose and applicability. NR 51.960(1)
(1)
Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants to counties for acquisition of land pursuant to s.
23.0953 (2) (a) 1., Stats.
NR 51.960(2)
(2) Applicability. This subchapter applies to counties seeking financial assistance from the department under s.
23.0953 (2) (a) 1., Stats., to acquire land for a county forest under s.
28.11 (4), Stats., that have entered into a memorandum of agreement with the department under
s. NR 51.963.
NR 51.960 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.961
NR 51.961 Definitions. In addition to the definitions in
s. NR 51.002, the following definitions apply to this subchapter.
NR 51.961(1)
(1) “County forest comprehensive land use plan" has the meaning given in s.
28.11 (5), Stats.
NR 51.961(2)
(2) “Matching funds" means the portion of the acquisition cost which is not funded by the state, except as provided for in this subchapter.
NR 51.961 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.962
NR 51.962 Eligible applicants, eligible and ineligible projects, and matching funds. NR 51.962(1)
(1)
Eligible Applicants. Only counties that have land entered in the county forest law program under s.
28.11 (4), Stats., may apply to the department for a grant under this subchapter.
NR 51.962(2)
(2) Eligible projects. Eligible projects under this subchapter are the fee simple acquisition of land for a county forest under s.
28.11, Stats.
NR 51.962(3)
(3) Ineligible projects. Projects ineligible for grants under this subchapter include:
NR 51.962(3)(a)
(a) Any property that has restrictions or other covenants that prevents or limits the property from being managed under s.
28.11 (1), Stats., or s.
23.09 (2) (d), Stats., or that would preempt the department's reversionary interests.
NR 51.962(3)(b)
(b) Any property that was acquired more than one year before a request for funding under this subchapter is submitted to the department.
NR 51.962(3)(c)
(c) Any property that is used or may be used for licensed game farms, fur farms, deer farms, shooting preserves, forest nurseries or experimental stations.
NR 51.962(3)(d)
(d) Any property used for commercial or industrial purposes inconsistent with the purposes of the county forest law under s.
28.11 (1), Stats.
NR 51.962(3)(e)
(e) Any property with a perpetual easement for a use inconsistent with the purposes of the county forest law set forth in s.
28.11 (1), Stats., and this subchapter.
NR 51.962(4)(a)(a) To receive a grant under this subchapter, counties shall contribute matching funds that are equal to at least 50 percent of total eligible costs. Notwithstanding
s. NR 51.006 (3) (a), eligible sources of matching funds shall include any combination of the following:
NR 51.962(4)(a)3.
3. Grants or contributions from foundations, businesses, private individuals or nonprofit organizations.
NR 51.962(4)(a)5.
5. The amount of the difference between the fair market value of the land being acquired by the county, as determined by a department-approved appraisal, and the price for which the land was purchased, if the price is less than the fair market value.
NR 51.962(4)(a)6.
6. The fair market value of land already in public ownership acquired by the county not more than one year prior to the date the county submits an application for funding under
s. NR 51.966, if the department determines that land is suitable as stewardship program match, and if land is within the blocking boundary of the county forest as depicted in the county forest comprehensive land use plan under s.
28.11 (5) (a), Stats., and eligible for county forest entry under s.
28.11 (4) (b), Stats.
NR 51.962(4)(a)7.
7. Fifty percent of the fair market value of land owned by the county at the time of application that was acquired by the county more than one year prior to the date the county submits an application for funding under
s. NR 51.966, if the department determines that land is suitable as stewardship program match, and if land is within the blocking boundary of the county forest as depicted in the county forest comprehensive land use plan under s.
28.11 (5) (a), Stats., and eligible for county forest entry under s.
28.11 (4) (b), Stats.
NR 51.962(4)(b)
(b) Land used as match shall be entered into the county forest law under s.
28.11 (4), Stats., within one year of the date of stewardship grant award.
NR 51.962 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.963
NR 51.963 Memorandum of agreement. In order to be eligible for grants under this subchapter, counties shall enter into a memorandum of agreement with the department.
NR 51.963 Note
Note: Memorandum of agreement is available from DNR Division of Forestry, Bureau of Forest Management, County Forest Specialist – FR/4, 101 S. Webster St., P.O. Box 7921, Madison, WI. 53707-7921.
NR 51.963 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.964
NR 51.964 Program criteria, application ranking, and funding availability. NR 51.964(1)
(1)
Program criteria and application ranking. The department shall consider the following broad criteria as well as specific indicators referenced in the memorandum of agreement in
s. NR 51.963 when evaluating and ranking applications submitted under this subchapter.
NR 51.964(1)(b)
(b) Whether the project has regional or statewide significance including recreational trail connectivity, watershed protection, the presence of regionally important wildlife or communities as identified in the natural heritage database or a conservation opportunity area as identified in the wildlife action plan.
NR 51.964(1)(c)
(c) Degree to which the site is threatened by development or conversion to other land use.
NR 51.964(1)(d)
(d) Whether the project is within the county forest acquisition boundary identified in the county forest comprehensive land use plan.
NR 51.964(1)(e)
(e) Whether the project is identified as an important acquisition within an existing plan or database including the land legacy report, statewide forestry plan, forest legacy plan, county outdoor recreation plan, county forest comprehensive land use plan, natural heritage inventory database, or other similar plans.
NR 51.964(2)
(2) Funding availability. The department shall provide notice of the annual maximum funding allotment from s.
23.0917 (3), Stats., to counties through the processes defined in the memorandum of agreement identified in
s. NR 51.963. Any portion of each year's funding allotment not awarded by the following February 28 shall revert to the department for land acquisition under s.
23.0917 (3), Stats.
NR 51.964 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.965
NR 51.965 Eligible and ineligible costs. NR 51.965(1)
(1)
Eligible costs. Eligible costs include all the components under
ss. NR 51.002 (1) and
51.006 (2). The department shall consider as eligible those project costs incurred up to one year before the date the grant application is submitted, provided that the county can demonstrate a need to proceed with the purchase at the earlier time.
NR 51.965(2)
(2) Ineligible costs. Costs not listed as eligible shall not be funded by a grant under this subchapter. Ineligible costs include environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in
ss. NR 51.002 (1) and
51.006 (2).
NR 51.965 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12; corrections in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2014 No. 699.
NR 51.966
NR 51.966 Application content and application deadline. NR 51.966(1)(1)
Application content. To apply for a grant under this subchapter, eligible applicants shall submit applications to the department as stipulated in the memorandum of agreement referenced in
s. NR 51.963.
NR 51.966(2)
(2) Application deadlines. The department shall accept applications throughout the year as stipulated in the memorandum of agreement under
s. NR 51.963.
NR 51.966 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.967
NR 51.967 Application reviews, appraisals, legislative review, and calculating grant award. NR 51.967(1)
(1)
Application review. The department shall only consider complete applications. If the department finds that an application is incomplete, the department shall request missing information from the county. The department may also request from the county more detailed information deemed necessary for review of the application. The department shall base its evaluation of applications on information submitted in the application as well as site visits and technical review comments. Property shall be evaluated and grants awarded according to criteria and priorities identified in the memorandum of agreement referenced in
s. NR 51.963.
NR 51.967(2)
(2) Appraisals. For property valued less than $350,000, the county shall order one appraisal. No appraisal ordered by the seller shall be accepted. If the property value is more than $350,000, the department shall order a second appraisal.
NR 51.967(3)
(3) Review by the Wisconsin legislature. Any grant awarded under this chapter shall be reviewed by the joint committee on finance of the Wisconsin legislature if the award amount requires legislative approval pursuant to s.
23.0917 (6m) (c), Stats.
NR 51.967(4)
(4) Calculating grant award. The department shall calculate the grant award amount in accordance with s.
23.0917 (7), Stats. The department shall issue grant awards not to exceed 50 percent of the eligible costs.
NR 51.967 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.968
NR 51.968 Grant contract, contract conditions, contract violations, and project signage. NR 51.968(1)
(1)
Grant contract. The department shall formalize each grant award by issuing a grant contract to each successful county. The grant contract recognizes the department's interest in the property acquired and ensures that the county provides adequate land management and maintenance in accordance with the county forest comprehensive land use plan. The county shall record the grant contract on the property deed at the county register of deeds office where the property being purchased is located.
NR 51.968(2)(a)(a) A county acquiring property with a grant under this subchapter shall meet the requirements of s.
28.11, Stats. Further, within one year of the execution of a grant contract, the county shall enter the property and any property used to meet the matching funds requirement of this subchapter into the county forest law program as stipulated in s.
28.11 (4), Stats., and amend its county forest comprehensive land use plan as required by s.
28.11 (5), Stats. The county's failure to comply with this provision shall result in termination of the grant contract by the department and all title, rights and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment. Properties entered into the county forest law program shall be subject to management review afforded by ss.
28.11 (5) and
28.11 (6), Stats.
NR 51.968(2)(b)
(b) The county may not convert any property acquired under this subchapter to any use other than that provided under s.
28.11, Stats., unless the property is withdrawn from county forest law as approved in writing by the department and provided under s.
28.11 (11), Stats. In such an instance, the county shall replace the property with a different one of at least equal value and benefit to the county forest law program as the property withdrawn.
NR 51.968(2)(c)
(c) The county may not convey any permanent interest or encumbrance in property acquired under this chapter to a third party through the use of a lease or easement inconsistent with the purposes set forth in s.
28.11 (1), Stats., and this subchapter. The county may allow temporary non-exclusive use permits.
