The Acquisition of Development Rights Program
S. 23.09(20m), Wis. Stats.; ch. NR 51, subchap. XV, Wis. Adm. Code
Program Objectives
The purpose of the Acquisition of Development Rights Program is to protect natural, agricultural, or forest lands that enhance nature-based outdoor recreation. "Development Rights' are the rights of a landowner to develop their property to the greatest extent allowed under state and local laws. The goals of the program are achieved through the purchase of those development rights and compensating landowners for limited future development on their land. Ten percent of the funds available in the Local Assistance Program are allocated to this program. For more specific information about this program, including rating and ranking information, refer to the Grant Guidelines for the Local Assistance Program.
Grant Criteria
To be eligible for funding a project must provide or enhance nature-based outdoor recreation. Priority shall be given to projects that have one or more of the following characteristics:
- Property with frontage on rivers, streams, lakes or estuaries
- Property that creates a buffer between land that has been permanently protected for natural resource and conservation purposes and potential or existing residential, commercial or industrial development
- Property that is within the boundaries of an acquisition project established by the DNR, a government unit or a NCO where the uses of the property will complement the goals of the project and the stewardship program
- Property that is within an environmental corridor that connects 2 or more established resource protection areas
The DNR considers the following factors when evaluating acquisition of development rights:
- Recreational opportunities provided or enhanced
- Proximity to other permanently protected land
- Natural, scenic, geological and archaeological values of the property
- The degree of development pressure
- Whether the project has been identified in a comprehensive plan pursuant to s. 66.1001, Stats., another plan that has as one of its purposes the protection of natural resources, or the natural heritage inventory database.
- The amount of funding available from other sources
Deadline
The deadline for receipt of applications for this program is May 1. Applications received after this date cannot be considered until the following year.
General Provisions of the Program
- For easements acquired with a Stewardship grant, the project sponsor may not convert or approve conversion of land encumbered by the easement to uses inconsistent the easement. Residential, industrial or commercial development is prohibited on those areas of easement property that are encumbered by a Stewardship grant. Additional restrictions or conditions may be imposed by the easement or grant contract.
- Agriculture and forestry may be permitted on property encumbered by an easement as long as those activities are compatible with the purposes of the Stewardship Program and the acquisition project.
- Any agriculture within the area encumbered by an easement shall be carried out in accordance with the conditions, standards and specifications of a soil and water conservation plan approved by the Natural Resources Conservation Service office located in each county.
- Harvesting of timber within the area encumbered by an easement shall be carried out in accordance with the conditions of a forest management plan approved by the Department.
- Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.
Last Revised: Thursday November 16 2006
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