Section NR 120.186 - Property acquisition(1) ELIGIBLE ACTIVITIES. The department may distribute grants to a governmental unit that is eligible for a nonpoint source grant under s. NR 120.12 to perform any of the following activities: (a) Acquire land or an interest in land for the construction of a structural urban best management practice.(b) Acquire land or an interest in land identified in the watershed plan which is contributing or will contribute nonpoint source pollution. Land acquisition for the purpose of complying with a Notice of Discharge issued pursuant to ch. NR 243 is not eligible for funding under this section.(2) ACQUISITION PROPOSALS. A governmental unit requesting nonpoint source grant funds for the acquisition of property under this section shall submit an acquisition proposal to the department for its review and approval. The acquisition proposal shall be submitted with the nonpoint source grant application or grant amendment request. The acquisition proposal shall include all of the following:(a) A description of the purpose for acquiring the land and how the acquisition will meet applicable goals of the priority watershed or priority lake plan for which the grant is applied.(b) A description of the land management plan for the property including a list of any owner-occupants or tenants that occupy the buildings or land to be acquired, a general time frame for project completion, and a description of how long-term management will be provided. Identification of other governmental units that will be involved in management and their respective roles shall also be included.(c) A copy of the appropriate county, township, topographic and local land use planning maps showing the proposed acquisition.(d) An estimate of overall acquisition and annual maintenance costs, including the number of parcels and acres to be acquired which notes the number of improved parcels involved.(e) A description of how the proposed acquisition complements other nonpoint source pollution abatement program efforts.(f) Other information the department may request.(3) GENERAL PROVISIONS. (a) Governmental units shall acquire and manage property acquired with a nonpoint source grant in accordance with all applicable local, state and federal laws and regulations.(b) After approval of the acquisition proposal and receipt of the local assistance grant from DATCP under ch. ATCP 50, a governmental unit shall obtain an appraisal for each property.(c) All appraisals shall be subject to department review and approval.(d) All appraisals shall be conducted by a certified or licensed appraiser as described in ch. 458, Stats., and chs. SPS 85 to 87.(e) All acquisitions with a fair market value of more than $200,000 shall require 2 appraisals. The department may require a second appraisal for property valued under $200,000 if the department finds that the property presents a difficult appraisal problem or if the first appraisal is unacceptable.(f) Property may be purchased only from willing sellers. The governmental unit shall provide the seller with a just compensation statement which identifies the fair market value of the property, as determined by an appraiser meeting the requirements listed in par. (d) and which describes the benefits due to the seller in exchange for the transfer of the seller's property.(g) When applicable, relocation plans shall be developed in accordance with ch. Adm 92.(h) Property acquired with a nonpoint source grant shall be maintained and managed in accordance with the provisions, conditions and scope description in the grant contract.(i) A governmental unit may be allowed to acquire property prior to entering into a nonpoint source grant agreement, provided that the governmental unit has received written approval of the department prior to purchasing the targeted property. The governmental unit shall submit a written statement to the department which explains the special circumstances justifying the need to acquire the property at that time. Prior to nonpoint source grant agreement reimbursement for the acquisition, the governmental unit shall establish the value of the property in accordance with pars. (b) to (e).(j) The governmental unit shall record in the office of the register of deeds for each county in which the property is located the deed which vests title or a property interest in the governmental unit and which references the interest of the state of Wisconsin in the property under the terms of the grant contract.(4) STATE COST-SHARE RATE. The maximum allowable state cost-share rate for the acquisition of property under this chapter shall be 50% of the acquisition cost of the property. 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 audits. 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.(5) CRITERIA. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:(a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.(b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands or natural beauty.(c) The degree to which the acquisition of the property would complement other watershed management efforts.(d) The level of financial support by the governmental unit.(e) In cases where the acquisition will prevent further degradation of water quality, that the acquisition is cost-effective relative to the degree of threat of further degradation to the site.Wis. Admin. Code Department of Natural Resources NR 120.186
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; correction in (3) (d), (g) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, correction in (3) (d) made under s. 13.92(4) (b) 7, Stats., Register July 2015 No. 715, eff.8/1/2015.