(1) Projects must meet the following requirements before the department may authorize participation in the program:

(a) projects must be designed to establish or improve habitat components such as nesting cover, winter cover and feeding areas;

(b) projects must be located within a suitably sized area, normally a minimum of 100 contiguous acres and shelterbelts cannot be located within 400 feet of occupied buildings or outbuildings used by livestock. All habitat components need not be under the ownership of the applicant if other of the necessary habitat components (nesting cover, winter cover, feeding areas) are present at suitable distances on adjacent ownerships;

(c) all projects on private land must be implemented through lease, conservation easement or by department cost-sharing with the landowner, project sponsor, or a federal cost-share program;

(d) projects which require the department to purchase fee title to lands will not be considered;

(e) all projects on private lands must be open to public hunting for upland game birds for the duration of the project. Reasonable use limitations on numbers of hunters and areas to be hunted may be allowed; however, user fees may not be charged. Projects located within a leased or commercial hunting operation will not be considered.