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.
NR 51.968(2)(d)
(d) A county receiving a grant under this subchapter 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 membership in the national guard, state defense force, or any other reserve component of the military forces of the United States or this state.
NR 51.968(3)
(3) Contract violations. If a county violates an essential condition of the grant contract, as identified in the grant contract, and fails to correct that violation within 6 months after written notification from the department, the county shall be in violation of the grant contract, and all title, right and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment.
NR 51.968(4)
(4) Project signage. A county receiving a grant under this subchapter shall acknowledge the state's assistance in acquiring fee title ownership of the property by placement of signs or in any other manner as approved by the department. Signage shall be in compliance with s.
23.09165 (3), Stats.
NR 51.968 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.969(1)
(1) The department shall provide grant payment in the form of an escrow check if requested by the county.
NR 51.969(2)
(2) The department may issue final grant payments for miscellaneous costs after the following conditions have been satisfied:
NR 51.969(2)(a)
(a) The county has submitted a reimbursement request on a form provided by the department. The county shall attach to the reimbursement request all receipts, cancelled checks, and other supporting documentation related to the project. The county shall use generally accepted accounting principles and practices in its administration of the project. The county shall retain all financial records associated with the project for a period of 4 years after the department issues final payment.
NR 51.969 Note
Note: Reimbursement request forms are available from any department region office or the DNR Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.969(2)(b)
(b) The county has complied with all requirements and conditions under this subchapter and the grant contract.
NR 51.969(3)
(3) The county shall submit all claims for payment on department prescribed forms within 6 months of the project period end date.
NR 51.969(4)
(4) The department may withhold final payment of the grant amount until the county has complied with all project, legal, and program requirements.
NR 51.969 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.970
NR 51.970 Purpose and applicability. NR 51.970(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 or rights in land pursuant to s.
23.0953 (2) (a) 2., Stats.
NR 51.970(2)
(2) Applicability. This subchapter applies to counties assisting the department with any land acquisition project under s.
23.0917 (3), Stats.
NR 51.970 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.971
NR 51.971 Definitions. In addition to the definitions in
s. NR 51.002, the following definition applies to this subchapter: “Matching funds" means the portion of the acquisition cost which is not funded by the state.
NR 51.971 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.972
NR 51.972 Eligible grantees. Only counties that have been asked in writing by the secretary or his or her designee to assist with the acquisition of title in fee simple or conservation easement acquisition are eligible to receive a grant under this subchapter.
NR 51.972 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.973
NR 51.973 Eligible and ineligible projects. NR 51.973(1)
(1)
Eligible projects. Projects eligible for grants under this subchapter are title in fee simple or conservation easement acquisition of land for the purpose of conservation or providing nature-based outdoor activities as defined in s.
23.09 (2) (d), Stats.
NR 51.973(2)
(2) Ineligible projects. Projects ineligible for grants under this subchapter include:
NR 51.973(2)(a)
(a) Any property that has restrictions or other covenants that prevent or limit the property from being managed for conservation or public recreational purposes under s.
23.09 (2) (d), Stats., or that would preempt the department's reversionary interests.
NR 51.973(2)(b)
(b) 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 51.973(2)(c)
(c) Any property used for commercial or industrial purposes.
NR 51.973 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.974
NR 51.974 Eligible and ineligible costs. NR 51.974(1)
(1)
Eligible costs. Eligible costs include all the components under
ss. NR 51.002 (1) and
NR 51.006 (2). The department shall consider as eligible those project costs incurred up to one year before the date on which the department requested assistance in writing, provided that the county can demonstrate a need to proceed with the purchase at the earlier time.
NR 51.974(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
s. NR 51.002 (1).
NR 51.974 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.975
NR 51.975 Project data and matching funds. NR 51.975(1)(1)
Project data. No application is required by counties that are assisting the department.
NR 51.975(1)(a)1.
1. A comprehensive description of the property to be acquired, including proposed land use, future operation and maintenance plans, and public access provisions consistent with
ch. NR 52.
NR 51.975(1)(a)2.
2. A map of the property that identifies items such as land forms, water features, forest types, trail systems and wildlife habitat.
NR 51.975(1)(a)6.
6. A letter of intent, signed by the department secretary or its designee, addressed to the county, indicating the department's commitment with regard to the parcel in question.
NR 51.975(1)(b)2.
2. A resolution approved by its governing body that indicates the county's willingness to assist the department and the availability of matching funds.
NR 51.975(2)
(2) Matching funds. To receive a grant under this subchapter, counties shall contribute matching funds that are equivalent to at least 50 percent of total project costs. Notwithstanding
s. NR 51.006 (3) (a), eligible sources of matching funds shall include any combination of the following:
NR 51.975(2)(c)
(c) Grants or contributions from foundations, businesses, private individuals, or nonprofit organizations.
NR 51.975(2)(d)
(d) 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 51.975(2)(e)
(e) The fair market value of land or land rights already in public ownership acquired by the county not more than one year prior to the date the department submits a request in writing to the county under
s. NR 51.972, if the department determines that land is suitable as stewardship program match.
NR 51.975(2)(f)
(f) Fifty percent of the fair market value of land or land rights owned by the county at the time of application that was acquired by the county more one year prior to the date the department submits a request in writing to the county under
s. NR 51.972, if the department determines that land or land rights are suitable as stewardship program match.
NR 51.975 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.976
NR 51.976 Grant contract and contract violations. NR 51.976(1)(1)
Grant contract. The department shall formalize each grant award by also issuing a grant contract to each successful county. The grant contract shall recognize the department's interest in the property acquired and shall ensure that the county provides adequate land management and property maintenance in accordance with the management plan submitted to the department. The county shall record the grant contract on the property deed at the county register of deeds office.
NR 51.976(2)
(2) Contract violations. If a county violates any condition of the grant contract and fails to correct that violation within 6 months after written notification from the department, the county shall be in violation of the grant contract, and all title, right, and interest held by the county in and to the property shall vest in the state without the necessity of reentry or legal judgment.
NR 51.976 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
