Section 51.005. General requirements for all grants.

 

(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 .

(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.

(11)  The department may choose to accept a transfer of property acquired under this chapter.

(12)  If required by s. 23.0917 (6m) (c) , Stats., grants awarded under this chapter shall be reviewed by the joint committee on finance of the state legislature.

(12m)  The department shall report to the natural resources board on all grant applications that require review by the joint committee on finance of the state legislature as required by s. 23.0917 (6m) (c) , Stats.

(13)  A sponsor that violates the terms of the grant contract may not be eligible to apply for future grants under this chapter until the department determines that the violation is corrected and that the sponsor is once again operating in accordance with the terms of the grant contract.

CR 10-127 : cr. Register February 2012 No. 674 , eff. 3-1-12; correction in (6) made under s. 13.92 (4) (b) 7. , Stats.

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. Microsoft Windows NT 6.1.7601 Service Pack 1