Wis. Admin. Code Department of Natural Resources NR 193.83

Current through September 30, 2024
Section NR 193.83 - Eligible and ineligible projects
(1) ELIGIBLE PROJECTS. The department may award grants under this subchapter to eligible applicants for any of the following projects:
(a) The fee simple acquisition of all rights of a property that will protect the water quality or ecosystems of a lake or river, if the negotiations between the grantee and landowner were conducted on a willing seller-willing buyer basis.
(b) The purchase of perpetual conservation easements for some of the rights of a property that will protect the water quality or ecosystems of a lake or river if the negotiations between the grantee and landowner were conducted on a willing seller-willing buyer basis.
(2) INELIGIBLE PROJECTS. The department may not award grants under this subchapter for ineligible acquisition projects, including any of the following:
(a) The acquisition of property that is subject to a reversionary right or that has restrictions or covenants that would prevent the property from being managed for purposes consistent with this subchapter.
(b) The acquisition of property through condemnation.
(c) The acquisition of property where the negotiations between the grantee and landowner were not conducted on a willing seller-willing buyer basis.
(d) The acquisition of property on which a dam is located.
(e) The acquisition of property acquired more than one year before a land acquisition grant application is submitted to the department.
(f) The acquisition of property for which an environmental inspection report shows that the property contains undesirable environmental conditions or liabilities or potential liability or hazards that are unacceptable to the department.
(g) Projects that do not provide for public access to the property, unless the department determines that restricting access is necessary to protect wild animals, plants, or other natural features.
(h) Relocation costs.

Wis. Admin. Code Department of Natural Resources NR 193.83

Adopted by, CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a), (b), (2) (a), (c), (g) made under s. 35.17, Stats., Register May 2020 No. 773, eff. 6/1/2020

Because the department requires willing seller-willing buyer negotiations, there is no use of eminent domain and there will be no need for relocation costs.