Section 51.46. Habitat restoration grants.

 

(1)  Conservation organizations may apply for habitat restoration grants to install land management practices that restore or enhance wildlife habitat that meet the project characteristics in s. NR 51.45 . The department shall provide habitat restoration grants in an amount up to 50 percent of the cost of the habitat restoration project. Project sponsors may request an advance payment of up to 50 percent of the grant amount or they may request interim payments.

(2)  The following are not eligible for grant assistance:

(a) Land management practices installed on licensed game farms, fur farms, deer farms or shooting preserves.

(b) Other practices, activities or sites that do not meet the objectives of the habitat areas program.

(3)  The department shall award habitat restoration grants based on the following:

(a) The likelihood that the project will restore and enhance wildlife or fish habitat.

(b) The quality and value of the habitat that will be restored.

(c) The sponsor's ability and financial capacity to complete the project and maintain it over the period of the habitat restoration contract.

(d) The cost effectiveness of the proposed budget for the project.

(4)  Sponsors shall install and maintain land management practices in accordance with provisions contained in the habitat restoration contract which shall be recorded in the office of the county register of deeds and with a land management plan for the property referenced in the habitat restoration contract.

(5)  The habitat restoration contract shall bind each party's heirs, successors and assigns during the effective period of the contract. If a change in ownership occurs during the effective period of the agreement, the new landowner or landowners shall be responsible for fulfilling all conditions of the habitat restoration contract.

(6)  The period of the habitat restoration contract shall include the installation period plus the operation and maintenance period. The operation and maintenance period shall be at least 10 years beginning when the last practice has been installed unless otherwise provided in the habitat restoration contract.

(7)  The department may grant a time extension to the habitat restoration contract.

(8)  Sponsors shall apply for federal and state permits, approvals, licenses or waivers necessary to implement the project. If the habitat restoration project is on land not owned by the sponsor, the landowner shall be a party to any permit application. Work may not begin until all applicable permits have been obtained.

(9)  Land management practices allowed by a habitat restoration contract may be installed on property not owned by the sponsor if the landowner is a party to the habitat restoration contract and provided that the contract is at least as long as the expected life of the project as specified in the contract.

(10)  If the sponsor fails to fulfill any terms of the habitat restoration contract, including failing to install or properly maintain the practices of the contract, the department may seek reimbursement of all or a portion of the state's share. If a practice is rendered ineffective during the period of the contract due to circumstances beyond the control of the sponsor, the department may waive repayment of expenses. The department may authorize the replacement or modification of the practice.

(11)  The department may suspend or terminate a habitat restoration contract if there has been substantial nonperformance without good cause.

Cr. Register, October, 1990, No. 418 , eff. 11-1-90; r. and recr. Register, February, 1996, No. 482 , eff. 3-1-96; emerg. am. (1), (2) (intro.), (3) (intro.), (4) to (11), r. (2) (a) and (d), renum. (2) (b) and (c) to be (2) (a) and (b) and am. (b), cr. (3) (c) and (d), eff. 9-1-00; CR 00-135 : am. (1), (2) (intro.), (3) (intro.), (4) to (11), r. (2) (a) and (d), renum. (2) (b) and (c) to be (2) (a) and (b) and am. (b), cr. (3) (c) and (d), Register, July 2001, No. 547 eff. 8-1-01; CR 10-127 : am. (1), (3) (intro.), (4) Register February 2012 No. 674 , eff. 3-1-12.