Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 51 - Administration Of Stewardship Grants › Subchapter I - General Provisions › Section NR 51.005 - General requirements for all grants

Current through June 24, 2024
(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.
(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.
(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.
(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.
(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.
(6)Property transactions
				  shall be subject to ss.
				  32.19 to
				  32.27,
				  Stats., and relocation assistance shall be subject to ch. Adm 92.
Note:
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.
(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.
(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.
(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.
(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:
(a) All conditions and restrictions,
				  including public uses, imposed by the grant contract and land management plan
				  shall run with the property.
(b)
				  Any subsequent owners shall execute an assignment that states that the new
				  owners have received and reviewed the grant contract and land management plan
				  and shall abide by their provisions.
(c) Stewardship property transferred to a
				  governmental unit or another eligible sponsor shall comply with s.
				  23.0917(8)
				  (c), Stats.