Section 47.87. Payment to landowners.

 

(1)  A landowner shall co m plete each practice within 24 m onths of approval. However, if a practice is not co m pleted in 24 m onths due to conditions be y ond the landowner's control, the depart m ent m ay grant an extension.

(2)  Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the department or its agent.

(3)  A practice m ay consist of one or m ore co m ponent activities. A landowner m ay receive partial p a y m ent for co m pleted co m ponents, with approval of the depart m ent forester, on the condition that the landowner agrees to co m plete the re m aining co m ponents of the practice within the ti m e period specified b y the depart m ent, not to exceed 24 m onths following approval to i m ple m ent the practice, unless an extension is justified as provided in sub. (1) .

(4)  Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner's control, the department may approve grant payment under one of the following conditions:

(a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or

(b) The landowner establishes to the satisfaction of the department that the following have been met:

1. A reasonable effort was made to meet the minimum requirements.

2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.

(5)  Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner's control, the department shall require that trees be re-established and shall approve grant assistance for the activity.

(7)  To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the state forester.

(8)  Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the department for payments on the practices. The state forester may discount the reimbursement owed the department by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the department shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.

(9)  No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the state of Wisconsin.

Cr. Register, March, 1999, No. 519 , eff. 4-1-99; emerg. r. (9), renum. (10) to be (9), eff. 10-4-05; CR 05-087 : r. (9), renum. (10) to be (9) Register May 2006 No. 605 , eff. 6-1-06; CR 12-029 : am. (1), (3), r. (6) Register June 2013 No. 690 , eff. 7-1-13.