Section 120.185. Easements.

 

(1)  The department may enter into easements with landowners or land operators for lands identified in watershed plans. Easements shall be acquired for perpetuity. Easements may be used in conjunction with the following best management practices:

(a) Critical area stabilization.

(b) Riparian buffer.

(c) Wetland restoration.

(d) Structural urban best management practice.

(e) Any other best management practice specified as eligible for easement support in an approved priority watershed plan.

(f) Animal lot relocation in conjunction with pars. (a) to (c) , provided that written approval of the governmental unit is obtained prior to easement acquisition, in accordance with the requirements of s. NR 154.04 (23) (b)

(2)  The department may authorize, in writing, any governmental unit, non-profit organization or person to enter into easements or accept a donated conservation easement consistent with the eligibility provision of the approved priority watershed plan in accordance with the following:

(a) Prior written department approval for the purchase of an easement shall be obtained if the cost exceeds $50,000.

(b) The value of an easement shall be based on a valuation procedure that has received prior department approval.

(c) An easement or a lease acquired by a governmental unit, non-profit organization or person shall be recorded in the register of deeds office in the county in which the property subject to the easement is located.

(3)  Upon acceptance of a donated easement under s. NR 120.18 (3) (b) , the department shall appraise the easement and issue a written opinion on the value or issue a statement of value of the easement.

(4)  The department may distribute grants and aids to itself or to any governmental unit for the purchase of easements in priority watershed areas.

(5)   State cost-share rate . The maximum allowable state cost-share rate for the acquisition of easements under this chapter shall be 70% of the acquisition cost of the easement, except that the maximum allowable state cost-share shall be 50% when the purpose of the easement is to support a structural urban best management practice. The maximum allowable state cost-share rate for appraisals for the acquisition of property shall be 100% of the cost of the appraisal when a grant was first issued by the department for this activity prior to July 1, 1998. When a grant was first issued by the department for this activity after this date, the maximum allowable state cost-share rate for appraisals shall be 70%. In this subsection, "acquisition cost" means the fair market value of the property as determined by department appraisal guidelines and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and assessments. It does not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes or any other cost not identified in this subsection.

History: CR 00-028 : cr. Register September 2002 No. 561 , eff. 10-1-02.