Stewardship Terms and Conditions

When a nonprofit organization signs a Grant and Management Contract accepting Stewardship funds, it is also agreeing to comply with program requirements. These requirements are spelled out in the grant contract and in Chapter 51 of the Wisconsin Administrative Code. The grant contract is a legal document that will be recorded as a permanent encumbrance on the property. All obligations, terms, conditions, and restrictions of the grant contract are limitations on the use of the property in perpetuity.

Below is a list of the major conditions of the Stewardship Program:

1. Land Management. The NCO is responsible for ensuring that the natural values of the property are protected and maintained in perpetuity, and that the property is managed according to the terms of a Land Management Plan. This requires ongoing control and oversight of the property. The Land Management Plan is developed by the NCO and approved by the DNR. When a property acquired with a grant is within the boundaries of a DNR project, the Land Management Plan must be consistent with the DNR’s plan for the project.



2. Public Access. Property must be open to the public unless the Department determines it is necessary to close the property to protect plants, wild animals or other natural features, or unless the NCO is purchasing an easement and the right of public access is not being purchased with the easement.
   
   If the property is landlocked, you will need to obtain an access easement over adjoining property for your organization, the DNR and the public. The Department’s Model Access Easement is available on line or call your CSS for a copy.



3. Reversionary rights. If a NCO violates any essential condition of the grant contract and fails to correct it within six months after written notification, all title, right, and interest in the property held by the NCO shall vest in the State. In the event the NCO dissolves, the property shall revert to the Department unless it approves transfer to another NCO or government agency.



4. Conveyance of property or property rights. An NCO may not convey any interest in the property to a third party nor allow any leases, permits, or encumbrances without the prior written approval of the Department. Property may not be used as security for any debt unless the Department previously approves the incurring of the debt, which is not likely. If necessary, the Department could take action to avoid the placement of liens, judgments, or encumbrances against the property. If the Department should approve a transfer to a third party, the property remains subject to all requirements of the Stewardship Program.



5. 501(c)(3) status. The NCO must maintain its 501(c)(3) tax-exempt status and inform the Department of any changes or challenges to that status.



6. Land Acquisition Guidelines. Land acquisition projects must be completed in accordance with DNR land acquisition and appraisal requirements. These requirements are detailed in a publication entitled Land Acquisition Guidelines for Nonprofit Organizations.



7. Property taxes. The NCO is responsible for paying property taxes on time unless property taxes are not required.



8. Compliance with laws. An NCO must comply with all applicable local, state, and federal statutes, regulations, administrative rules, and ordinances in fulfilling the terms and conditions of the grant contract, including but not limited to, general and special zoning, land use permit requirements, accessibility for people with disabilities, environmental quality, and historical and archaeological preservation.



9. Public uses. NCOs provide a variety of opportunities for the public to recreate on their lands. Activities may include hiking, birdwatching, hunting, fishing, environmental education, swimming, canoeing, wildlife observation, to name a few. As with local government and Department properties, there will occasionally be differences of opinion and user conflicts between various special interest groups regarding activities that are permitted on a particular property. The Bureau of Community Financial Assistance will work with project sponsors to resolve these conflicts on a project-by-project basis.
   
   The two parties shall jointly consider such factors as goals of the project, natural features and potential for damage to those features, mission and focus of the organization and its capacity to manage for specific uses, potential for conflicts and compatibility of different uses, public safety and safety of volunteers and staff, local ordinances, and potential conflicts with adjoining landowners. If the NCO plans to transfer the property to a local government, its policies should also be considered.
   
   
10. Signage. Project sponsors must post signs on the property acknowledging Stewardship assistance in acquiring fee title ownership and notifying the public that the lands are open for public use. We also expect the signs to indicate what activities are permitted or not permitted on the property. Signs are available from your CSS.



11. Natural Areas dedication. If an organization is awarded a grant through the Natural Areas Program, the group must offer the property for dedication as a State Natural Area under ss. 23.27 and 23.29, Wis. Stats., unless the Department exempts the property.



12. Department access for inspections. The project sponsor is responsible for inspection, management, and maintenance of the property. However, the Department reserves the right of access to monitor compliance with the conditions of the grant contract or carry out management activities necessary to ensure the public's rights and safety.



13. Easements. When a Stewardship grant is awarded for acquisition of an easement, the NCO must prepare a baseline report by the closing date, and monitor the easement once a year to ensure that the conditions of the easement are being satisfied. See grant requirements for Conservation Easements.



14. Project income. Any income that is earned from a property receiving a Stewardship grant must be used to further the purpose of the project as stated in the Grant and Management Contract or to further the objectives of another Stewardship project. If a property is entered into the County Forest Law Program, then any income derived from the property may be divided according to the laws for that program.
    
    If any structures or improvements that were included in the appraisal are subsequently sold, then one-half of the receipts from the sale must be reimbursed to the Department.



15. User fees. Reasonable user fees may be charged by the project sponsor to offset operation and maintenance costs. Daily user fees may not exceed the current cost of a daily pass at a Wisconsin State Park.



16. Overhead power lines. For acquisitions of property, we require that any new electrical or communication lines be installed underground, unless there is a pre-existing easement that specifically allows installation above ground. For easements, we also recommend, but do not require, that existing lines be buried, removed or relocated when possible.