(1) PURPOSE. The purpose of this section is
to establish standards for the administration of the land and water
conservation fund act of 1965 (LAWCON) under ss.
20.370(5) (cy) and
23.30(3) (h), Stats.
(2) APPLICABILITY. The provisions of this
section are applicable to all towns, counties, villages, cities, Indian tribes,
school districts, soil and water conservation districts and state agencies
participating in the LAWCON aid program.
(3) ALLOCATION OF FUNDS.
(a) LAWCON funds apportioned to Wisconsin
each fiscal year shall be allocated as follows:
1. Fifty percent to local
governments;
2. Fifty percent to
state agencies.
(b) The
federal cost sharing may not exceed 50 percent of the total LAWCON eligible
cost of the projects, unless otherwise specified by law.
(c) Funds allocated to local governments and
state agencies but not encumbered shall remain allocated for use under this
section and shall be available for use during subsequent funding cycles to the
extent provided by law.
(4) GENERAL PROVISIONS.
(a) Applicants are required to submit
comprehensive outdoor recreation plans which have been formally approved by
resolutions passed by the local governing bodies; or applicants may qualify for
eligibility if their proposed projects are identified in approved plans of
other units of government. The University of Wisconsin System shall have
support for its applications in department approved plans of the communities in
which the schools are located. The system and the communities are required to
coordinate their respective programs through the comprehensive planning
process. The system shall rely on comprehensive outdoor recreation plans which
have been formally approved by the local governing bodies.
(b) Priorities in ranking are given to
projects based on the following project, activity and applicant criteria:
1. Projects which meet urban needs;
2. Activities for the general public over
those for a limited group;
3. Basic
over elaborate facilities;
4.
Participant over spectator facilities;
5. Projects not having other public or
private funds available to them;
6.
Projects where a scarcity of recreational land exists;
7. Acquisition over development;
8. Projects which may enhance or preserve
natural beauty;
9. Completion of
projects already started where possible, when it has been shown those projects
are sound and well conceived;
10.
Development, when possible, of areas previously acquired;
11. Renovation of existing facilities which
are in danger of being lost for public use;
12. Applicants which have not received
outdoor recreation funds in the past;
13. Applicants which have good performance
records on prior outdoor recreational projects;
14. Applicants which are financially able to
adequately maintain and operate the area or facility;
15. Projects which are located where the
greatest number of people live and work;
16. Projects which offer safe, rapid and
convenient access by all types of transportation modes appropriate for that
type of facility;
17. Projects
which serve a wide segment of the public;
18. To projects in which the resource would
be lost for recreation use if not immediately acquired or developed;
19. Projects which, in relation to their
costs, provide access for the greatest number of potential users and provide
the greatest opportunities for public outdoor recreation;
20. Projects which meet needs and
deficiencies identified in the statewide comprehensive outdoor recreation plan,
or in the statewide plan and the comprehensive outdoor recreation plans of
other units of government.
21.
Projects which provide multiple season, multiple activity use; and
22. Projects which are designed to serve the
recreation needs of elderly persons, minorities and disabled persons.
(c) Sponsors shall be required to
acknowledge federal (LAWCON) assistance by placement of signs approved by the
department and the department of interior.
(cm) Fifty percent of the grant amount may be
paid to a local unit of government at the time of project approval if
requested.
Note: This applies only to grant contracts
executed after March 1, 1996.
(d) Land acquisition - eligible types of
projects. Eligible types of projects for land acquisition include:
1. Areas with frontage on rivers, streams,
lakes, estuaries and reservoirs which will provide water based public
recreation opportunities;
2. Land
for creating water impoundments to provide water based public outdoor
recreation;
3. Areas which provide
special recreation opportunities, such as floodplains, wetlands and areas
adjacent to scenic highways;
4.
Natural areas and preserves and outstanding scenic areas where the objective is
to preserve the scenic or natural values, including areas of physical or
biological importance and wildlife areas. These areas must be open to the
general public for outdoor recreation use to the extent that the natural
attributes of the areas will not be seriously impaired or lost;
5. Land within urban areas for day use picnic
areas, neighborhood playgrounds, play areas for small children, areas adjacent
to school playgrounds, and competitive nonprofessional sports
facilities;
6. Land for recreation
trails; and
7. Land for golf
courses.
(e) Land
development - eligible types of projects. Eligible types of projects for land
development include:
1. Observation and
sightseeing facilities such as overlooks, turnouts and trails;
2. Boating facilities, such as launching
ramps and docks;
3. Picnic
facilities, including tables, fireplaces, shelters and paths;
4. Camping facilities, including tent and
trailer sites, tables and fireplaces;
5. Swimming, bathing and water sports
facilities, including beaches, swimming areas and swimming pools, guard towers
and bathhouses;
6. Fishing and
hunting facilities, such as trails and fishing piers;
7. Winter sports facilities, such as slopes
and trails for sledding and tobogganing, cross-country ski trails, facilities
for skating and snowmobiling;
8.
Urban recreation areas, such as neighborhood playgrounds, bicycling paths,
walking or riding trails and participant sports facilities, including playing
fields and tennis courts;
9.
Supporting facilities, including entrance and circulation roads, utility and
sanitation systems, erosion control work, parking areas, toilet buildings and
interpretive facilities where there is a permanent professional naturalist
staff and the facilities are on the land being used for nature
interpretation;
10. Renovation or
redevelopment of existing facilities or areas when the facilities or areas have
received adequate and regular maintenance, yet have deteriorated to the point
where their usefulness is impaired, or have become outmoded. Renovation or
redevelopment may be undertaken to rebuild the facilities or areas into more
useful forms;
11. Beautification of
areas may be undertaken provided that the beautification is not regular
maintenance and that the site's condition is not due to inadequate maintenance.
Beautification may include landscaping to provide a more attractive
environment, cleaning and restoration of areas which have been exploited,
polluted, littered, etc., and screening, removal, relocation or burial of
overhead wires;
12. Playgrounds and
recreation areas on public school grounds, provided that such recreation
grounds and facilities being developed are in excess of those normally provided
to meet minimum education requirements. In determining the eligibility of a
project, a statement or schedule of the time the facility will be available to
the public is required;
13. Open
shelters and multipurpose shelter buildings which support an outdoor recreation
activity.
14. Fences for the
protection of park users, tennis court fences and ballfield fencing;
15. Lighting for tennis courts, hockey rinks,
games courts, ball fields, sports fields, multipurpose courts and safety
lighting; and
16. Outdoor swimming
and wading pools.
(f)
Development, acquisition or acquisition and development projects which
generally will not be assisted include;
1.
Acquisition, restoration or preservation of historic structures;
2. Development of areas and facilities to be
used primarily for semiprofessional and professional arts and
athletics;
3. Acquisition of areas
for and development of amusement facilities such as merry-go-rounds, ferris
wheels, children's railroads, exhibit type developments, convention facilities
and commemorative exhibits, or the construction of facilities, including their
furnishings, that are only marginally related to outdoor recreation such as
professional type outdoor theaters;
4. Construction of, and furnishings for,
employee residences;
5. Development
of areas and facilities to be used solely for game refuges or fish production
purposes unless they are open to the public for general compatible recreation
use, or if they directly serve priority public outdoor recreation needs
identified in the state plan;
6.
Construction of lodges, motels, luxury cabins, or similar elaborate
facilities;
7. Development projects
in new or previously undeveloped recreation areas which consist solely of
support facilities, unless it is clearly indicated that such facilities are
required for proper and safe recreational use of the area; and
8. Buildings primarily devoted to operation
and maintenance.
(6) APPLICATION PROCEDURE.
(a) Applicants for local LAWCON monies shall
submit applications on the prescribed department form to the appropriate
district office by May 1 of each year.
(b) The department shall evaluate completed
applications utilizing a project rating sheet to determine which applications
shall be approved.
Section NR 50.06 requires 2 new forms: a preapplication and
a project rating sheet.