Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 199 - Municipal flood control grants › Section NR 199.10 - Grant awards for acquisition of property

Current through June 24, 2024
(1) Property
				transactions shall be subject to approval by the department and all of the
				following provisions:
(a) Property
				transactions shall be subject to ss.
				32.19 to
				32.27,
				Stats., and relocation assistance shall be subject to ch. Adm 92.
Note: 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 $5,000 for a project with total costs of less than
				  $50,000; or at least 10% in a project having total costs of $50,000 or
				  more.
(b) Grant recipients
				are required to obtain appraisals for all property acquisitions funded by
				grants under this chapter.
(c)
				Appraisals of property required for grant eligibility under this chapter shall
				be subject to department review and approval according to department appraisal
				guidelines.
Note: The department's appraisal guidelines are available
				  from any DNR regional office or from the DNR Bureau of Community Financial
				  Assistance, PO Box 7921, Madison, WI 53707-7921.
(d) Appraisers shall be state licensed,
				certified "residential" or certified "general" appraisers and meet all
				applicable state laws and rules for appraisers.
(e) Acquisitions with a fair market value of
				more than $200,000 require 2 appraisals. The department may require a second
				appraisal for property valued under $200,000 if the property presents a
				difficult appraisal problem or if the first appraisal is unacceptable under
				department guidelines.
(f) Grant
				recipients and subsequent owners shall acquire and manage property acquired
				with a grant in accordance with all applicable state, local and federal laws,
				rules and regulations.
(g) Property
				acquired with a grant shall be maintained and managed in accordance with the
				provisions, conditions and descriptions in the grant agreement.
(h) Any property that is subject to a
				reversionary right or has restrictions or covenants which would prevent the
				property from being managed for purposes consistent with this grant program is
				not eligible for a grant.
(i)
				Grants may not be made for property acquired prior to a grant award without
				prior written approval of the department.
(j) When the grant recipient is purchasing
				property, the department may distribute the entire state share of the purchase
				cost to a non-interest bearing escrow account, subject to a department approved
				title insurance commitment for each property, to be released upon completion of
				an insured closing and conveyance of the property to the grant recipient. If
				the closing has not occurred within 90 days from the time funds are distributed
				to the escrow account, the department may cause the funds in the escrow account
				to be returned to the department.
(k) No grant may be awarded prior to receipt
				of an environmental inspection report showing that the property contains no
				undesirable environmental conditions, liabilities, potential liabilities or
				hazards that are unacceptable to the department.
(L) Any grant award, which involves the
				purchase of property shall be subject to a grant agreement as prescribed in
				this chapter.
(m) No grant may be
				awarded to acquire property through the power of eminent domain.