23.09 Conservation. (1) PURPOSES. The purpose of this section is to provide an adequate and flexible system for the protection, development and use of forests, fish and game, lakes,
23.25 23.26 23.27 23.28 23.29 23.293 23.295 23.30 23.305 23.31 23.32 23.321 23.322 23.323 23.325 23.33 23.335 23.35 23.38 23.39 23.40 23.41 23.42 23.425 23.426 23.43 23.45 23.47 23.49 23.50 23.51 23.52 23.53 23.54 23.55 23.56 23.57 23.58 23.59 23.60 23.61 23.62 23.63 23.64 23.65 23.66 23.67 23.68 23.69 23.70 23.71 23.72 23.73 23.74 23.75 23.76 23.77 23.78 23.79 23.795 23.80 23.81 23.82 23.83 23.84 23.85 23.90 23.99
Geographic powers and duties. Natural areas preservation council. Natural areas; definitions; importance; inventory; acquisition; sales. State natural areas; designated state natural areas. Wisconsin natural areas heritage program. State ice age trail area dedication. Ice age trail area grants. Outdoor recreation program. Leasing of department land for recreational purposes. Recreation resources facilities. Wetlands mapping. Wetland identification and confirmation. Fees for computer accessible water resource management information. Wetlands informational brochure. Aerial photographic survey. All-terrain vehicles and utility terrain vehicles. Off-highway motorcycles. Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. Natural resources law violation hotline. Placement of wind turbines. Environmental impact statement. Construction and service contracts. Environmental consulting costs for federal licensing of power projects. Environmental education. Programs at the Horicon Marsh education and visitor center. Entities qualified to evaluate the safety of sport shooting ranges. Nondisclosure of certain personal information. Forms of proof; electronic retrieval of information; reprints. Credit card use charges. Procedure in forfeiture actions. Words and phrases defined. Two forms of action. Use of citation. Citation form. Complaint and summons forms. Arrest with a warrant. Arrest without a warrant. Temporary questioning without arrest. Search during temporary questioning. Search incident to the issuance of a lawfully issued citation. Search and seizure; when authorized. Issuance of a citation. Officer’s action after issuance of citation. Deposit after release. Issuance of complaint and summons. Deposit. Deposit and stipulation of no contest. Pleading. Motions. Arraignment; plea. Not guilty plea; immediate trial. Not guilty plea. Discovery. Mode of trial. Proceedings in court. Burden of proof. Jury trial. Verdict. Judgment. Nonpayment of judgments. Judgment against a corporation or municipality. Effect of plea of no contest. Fees. Appeal. Forfeitures, costs, fees, and surcharges collected; to whom paid. Statement to county board; payment to state. Place of trial. Parties to a violation.
streams, plant life, flowers and other outdoor resources in this state. (2) DEPARTMENTAL RULES; STUDIES; SURVEYS; SERVICES; POWERS; LONG-RANGE PLANNING. The department may promul-
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gate such rules, inaugurate such studies, investigations and surveys, and establish such services as it deems necessary to carry out the provisions and purposes of this section. The department shall establish long-range plans, projects and priorities for conservation. The department may: (b) Game refuges. Designate such localities as it shall find to be reasonably necessary to secure perpetuation of any species of game or bird, and the maintenance of an adequate supply thereof, as game or bird refuges for the purpose of providing safe retreats in which game or birds may rest and replenish adjacent hunting grounds. Cross-reference: See also ch. NR 11, Wis. adm. code.
(c) Fish refuges. Designate such localities as it shall find to be reasonably necessary to secure the perpetuation of any species of fish and the maintenance of an adequate supply thereof, as fish refuges, for the purpose of providing safe retreats in which fish may breed and replenish adjacent fishing waters. Cross-reference: See also ch. NR 26, Wis. adm. code.
(d) Lands, acquisition. Acquire by purchase, lease or agreement, and receive by gifts or devise, lands or waters suitable for the purposes enumerated in this paragraph, and maintain such lands and waters for such purposes; and, except for the purpose specified under subd. 12., may condemn lands or waters suitable for such purposes after obtaining approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof: 1. For state forests. 2. For state parks for the purpose of preserving scenic or historical values or natural wonders. 3. For public shooting, trapping or fishing grounds or waters for the purpose of providing areas in which any citizen may hunt, trap or fish. 4. For fish hatcheries and game farms. 5. For forest nurseries and experimental stations. 6. For preservation of any endangered species or threatened species under s. 29.604. 7. For state recreation areas designated under s. 23.091. 8. For state natural areas as authorized under s. 23.27 (4) and for state natural areas as authorized under s. 23.27 (5) except that land may not be acquired through condemnation under the authority of s. 23.27 (5). 9. For any other purpose for which gift lands are suitable, as determined by the department. 10. For the ice age trail as designated under s. 23.17 (2). 11. For the purposes provided in ss. 30.40 to 30.49 in the lower Wisconsin state riverway as defined in s. 30.40 (15). 12. For state trails. 13. For the stream bank protection program. 14. For habitat areas and fisheries. 15. State wildlife areas. 16. For bluff protection under s. 30.24. (e) Lands, blocking. Extend and consolidate lands or waters suitable for the above purposes by exchange of other lands or waters under its supervision. (f) Propagation of fish. Subject to s. 95.60, capture, propagate, transport, sell or exchange any species of fish needed for stocking or restocking any waters of the state. (g) Forest protection. Establish and maintain an efficient fire fighting system for the protection of forests. (h) Cooperation. Enter into cooperative agreements with persons or governmental agencies for purposes consistent with the purposes and provisions of this section, including agreements with the highway authorities with regard to planting trees or other
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vegetation in or along highways, or furnishing stock for such planting. (i) Camp fires. Regulate camp fires and smoking in the woods at such times and in such designated localities, as it may find reasonably necessary to reduce the danger of destructive forest fires. (j) Burnings. Regulate the burning of rubbish, slashings and marshes or other areas as it may find reasonably necessary to reduce the danger of destructive fires. (k) Research. Conduct research to improve management of natural resources, disseminate information to the residents of Wisconsin on natural resources matters and receive funds from any public or private source for research projects. (km) Resources inventory. Develop an information system to acquire, integrate and disseminate information concerning inventories and data on aquatic and terrestrial natural resources. (m) Stream classification. Develop a program for classifying streams by use and to make recommendations to municipalities and other state agencies for protection and development of recreational waters. (n) Donation of facilities, accept. Accept donations of buildings, facilities and structures constructed upon lands owned by this state and under the jurisdiction of the department. The donor of such buildings, facilities and structures may contract for this construction according to plans and specifications provided by the department or may enter into a contract for professional architectural and engineering services to develop plans and specifications of such buildings, facilities and structures and contract for the construction of same. Upon the completion of construction satisfactory to the department, title of such buildings, facilities and structures shall vest in the state of Wisconsin. No person shall construct any building, facility or structure under this paragraph without the prior approval of the department regarding plans and specifications, materials, suitability, design, capacity or location. The plans and specifications for any building, structure or facility donated under this paragraph shall also be subject to the approval of the building commission. (o) Gifts and grants. Accept and administer any gifts, grants, bequests and devises, including funds made available to the department by the federal government under any act of congress relating to any of the functions of the department. All funds included in such gifts, grants, bequests and devises received or expected to be received by the department in a biennium shall be included in the statement of its actual and estimated receipts and disbursements for such biennium required to be contained in the biennial state budget report under s. 16.46, and shall be deemed to be and treated the same as other actual and estimated receipts and disbursements of the department. The department may acknowledge the receipt of any funding from a particular person or group in any department pamphlet, bulletin or other publication. Cross-reference: See also s. NR 1.98, Wis. adm. code.
(p) Disease control. Require any person to provide the department with disease sample tissue or disease sample data derived from a wild animal, as defined in s. 29.001 (90), if the department decides that the tissue or data is needed to determine the existence or extent of a disease in wild animals in this state. (2dm) LAND ACQUISITION; PRIORITIES. In expending moneys from the appropriation under s. 20.866 (2) (tz) to acquire lands under sub. (2) (d), the department shall establish a higher priority for the acquisition of lands within the boundaries of projects established on or before January 1, 1988. (2m) FOREST LAND PLANS AND MANAGEMENT. (a) If the department develops, reviews, or implements a master plan or a management plan for any forest land under the jurisdiction of the department, the department shall consult with the chief state forester.
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(b) The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation. (2p) DONATIONS OF LAND. (a) The department shall determine the value of land donated to the department that is within the project boundaries of a state park, a state forest or a state recreation area. If the donation involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation shall be based on the fair market value of the land before the transfer. If the donation is a dedication transferring a partial interest in land to the state, the valuation shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the donation involves a sale of land to the department at less than the fair market value, the valuation of the donation shall be based on the difference between the purchase price and the fair market value. (b) Except as provided in par. (c), an amount of money equal to the value of the donation under par. (a) shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for land acquisition activities for the same project for which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. This paragraph does not apply to transfers of land from agencies other than the department. (c) If the moneys allocated under par. (b) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (b) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. (d) This subsection does not apply to an easement or land donated to the department under s. 23.092 or 23.094. (2q) WARREN KNOWLES-GAYLORD NELSON STEWARDSHIP PROGRAM; LOWER WISCONSIN STATE RIVERWAY; ICE AGE TRAIL. Except as provided in s. 23.0915 (2), the department in each fiscal year may not expend from the appropriation under s. 20.866 (2) (tz): (b) More than $2,000,000 under sub. (2) (d) 11. (c) More than $500,000 for the ice age trail under ss. 23.17 and 23.293 and for grants for the ice age trail under s. 23.096. (2r) WARREN KNOWLES-GAYLORD NELSON STEWARDSHIP PROGRAM; LAND ACQUISITION. Except as provided in s. 23.0915 (2), the department in each fiscal year may not expend from the appropriation under s. 20.866 (2) (tz) more than a total of $8,600,000 under this subsection. The purposes for which these moneys may be expended are the following: (a) Land acquisition under subs. (2dm) and (2p). (b) Land acquisition for urban river grants under s. 30.277. (c) The Frank Lloyd Wright Monona terrace project as provided in s. 23.195. (3) INTERDEPARTMENTAL COOPERATION. (a) The department shall cooperate with the several state departments and officials in the conduct of matters in which the interests of the respective departments or officials overlap. The cooperating agen-
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cies may provide by agreement for the manner of sharing expenses and responsibilities under this paragraph. (b) If the department and the board of regents of the University of Wisconsin System enter into an agreement to create a faculty position at the University of Wisconsin-Madison for a forest landscape ecologist, the department and the University of Wisconsin-Madison shall develop an annual work plan for the ecologist. In developing the annual work plan, the department shall consult with the council on forestry. (4) RESCUES, EMERGENCIES AND DISASTERS. The department may on its own motion and shall, when so directed by the governor, assist other state, county, and local governmental agencies or do all things reasonably necessary in the rescue of persons lost in the forests of the state, or who may be otherwise in danger of loss of life, in the recovery of the bodies of drowned persons, and in cases of emergency or disaster, by assigning equipment and employees of the department to such rescue, recovery, emergency, and disaster relief missions. (6) INTERPRETATION, LIMITATIONS. This section shall not be construed as authorizing the department to change any penalty for violating any game law or regulation, or change the amount of any license established by the legislature, or to extend any open season or bag limit on migratory birds prescribed by federal law or regulations, or to contract any indebtedness or obligation beyond the appropriations made by the legislature. (7) PENALTIES. Any person violating any rule of the department under this chapter shall forfeit not more than $100. (8) WAYS TO WATERS. The county board of any county may condemn a right-of-way for any public highway to any navigable stream, lake or other navigable waters. Such right-of-way shall be not less than 60 feet in width, and may be condemned in the manner provided by ch. 32; but the legality or constitutionality of this provision shall in nowise affect the legality or constitutionality of the rest of this section. (10) CONSERVATION EASEMENTS AND RIGHTS IN PROPERTY. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired. (11) AIDS TO COUNTIES FOR THE DEVELOPMENT OF RECREATION FACILITIES. (a) The county board of any county which, by resolution, indicates its desire to develop outdoor recreation facilities on county lands entered under s. 28.11 may make application to the department for the apportionment of funds for state aids to counties for such purposes. (b) In this subsection, “outdoor recreational facilities” includes picnic and camping grounds, hiking trails, trail-side campsites and shelters, cross-country ski trails, bridle trails, nature trails, snowmobile trails and areas, beaches and bath houses, toilets, shelters, wells and pumps, and fireplaces. Costs associated with the operation and maintenance of recreational facilities are not eligible for aids under this section. Costs associated with the development of facilities for spectator sports are not eligible for aids under this section. (c) The state aids granted under this section shall be no
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greater than but may be less than one-half the cost of such project as determined by the department. (d) Applications shall be made in the manner and on forms prescribed by the department. The department shall thereupon make such investigations as it deems necessary to satisfy itself that the project will best serve the public interest and need. Upon approval of the project the department shall encumber a sum not more than one-half of the cost estimate of such project. When the project is completed, the department shall pay to the county not more than one-half the actual cost of such project. The department may inform itself and require any necessary evidence from the county to substantiate the cost before payment is made. (e) The department in making its deliberations shall give careful consideration to whether or not the proposal is an integral part of an official comprehensive land and water use plan for the area as well as the relationship of the project to similar projects on other public lands. If requests for state aids exceed the funds allotted to the department for this program, those requests which form an integral part of a comprehensive plan shall be given first priority. (f) Recreation facilities developed under the assistance of this section shall not be converted to uses which are inconsistent with the purposes of this section without the approval of the department. The department shall not issue such approval unless there is evidence that such other uses are essential to and in accordance with an official comprehensive plan for the area. The department shall require that the proceeds from the disposal of facilities developed under this section shall be used to further the objectives of this section. Cross-reference: See also ch. NR 50, Wis. adm. code.
(12) COUNTY FISH AND GAME PROJECTS. (a) The county board of any county which, by resolution, indicates its desire to plan and carry out a program of coordinated fish management projects or game management projects may make application to the department for the allocation and apportionment of funds for state aids appropriated for such purposes by s. 20.370 (5) (ar). (b) Fish management projects and game management projects include but are not limited because of enumeration to: game food seeding; browse improvement cutting; prescribed burning for game habitat improvement; creating game cover brush piles; creation of impoundments, construction, nature trails; game and fish habitat creation or improvement; lake, stream and spring pond rehabilitation and improvement; construction of fish shelters; stream side fencing; rough fish control; and other approved fish and game management projects. (c) State aid under this subsection to any county shall be distributed by the department according to the procedures adopted by the natural resources board. State aid granted to any county under this subsection shall be matched by the county and the state’s share may not exceed one-half of the actual cost of the project. Personnel, equipment and materials furnished by the county may be included in computing the county share contribution. (d) Application shall be made in the manner and on forms prescribed by the department. The department shall make such investigations as it deems necessary to satisfy itself that the project will best serve the public interest and need and shall also consider the relationship of the project to similar projects on other public lands. Upon approval of the project the department shall encumber a sum not more than one-half of the cost estimate of such project. The department may inform itself and require any necessary evidence from the county to substantiate the cost before payment is made. (e) Recreation facilities developed under the assistance of this subsection shall not be converted to uses which are inconsistent with the purposes of this subsection without the approval of the
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department. The department shall require that the proceeds from the disposal of facilities developed under this subsection shall be used to further the objectives of this subsection. (f) Any county may cooperate with and participate in approved projects in any other county under this subsection. Cross-reference: See also ch. NR 50, Wis. adm. code.
(13) BONG AIR BASE. The department may acquire by gift, purchase or otherwise the federally-owned lands, improvements and appurtenances thereto within the Bong Air Base in Kenosha County which may be disposed of by the federal government to be used by the department for any of the purposes in sub. (2) (d). The department may establish zones within the boundaries of the Bong air base which offer a wide range of variable opportunities for active outdoor recreation consistent with sub. (2) (d) and may promulgate rules to control the activities within the zones. (15) FEES FOR HUNTING PHEASANTS ON DEPARTMENT LAND. If the department requires payment of a fee in order to hunt pheasants on land under its management and control, all of those fees shall be credited to the appropriation account under s. 20.370 (1) (hw). (17m) GRANTS TO COUNTIES FOR THE DEVELOPMENT OF WILDLIFE HABITAT ON COUNTY FORESTS. (a) The county board of any county, which by resolution indicates its desire to improve the natural environment for wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as). (b) The annual allocation for each county shall not exceed 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget. (c) Wildlife management operations shall be limited to approved projects designed to benefit wildlife and the natural environment. (d) Application shall be made as part of the comprehensive county forest land use plan prepared under s. 28.11. Before approving the plan, the department shall investigate all project proposals to make certain that the project is feasible, desirable and consistent with the plan. If the department approves the plan, the department shall pay the aids to the wildlife management fund account of the county. The county’s wildlife management fund shall be a nonlapsing account except as provided in pars. (h) and (hg). (f) Completion of such projects authorized by the department shall be certified by a representative of the department. All records of receipts and expenditures from the county wildlife management fund account shall be available to the department for inspection and audit at any time. (g) Any unauthorized expenditures from the county wildlife management fund account shall be restored to such fund upon demand by the department and if not restored shall become a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years. (h) If the amount of the unencumbered balance in a county’s wildlife management fund account exceeds either of the following, the department may demand that the county repay the excess amount to the department: 1. The amount that is equal to the sum of the allocations received by the county for the 3 previous years.
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2. The amount, as determined by the department, that is required for the purposes of this subsection. (hg) If the unencumbered balance in a county’s wildlife management fund exceeds both of the amounts specified in par. (h) 1. and 2., the department may demand that the county repay either excess amount. (hr) If the county fails to comply with the department’s demand under par. (h) or (hg), the applicable excess amount shall become a charge against the county, and the secretary of state shall include the amount in the state tax levy of the county in subsequent years. (i) Expenditures under this subsection on any land withdrawn from s. 28.11 and the title to which is transferred by the county to other than a public agency shall be reimbursed to the department in an amount not to exceed the prorated value of the remaining useful lifetime of the wildlife habitat development. (18) FOREST CROPLANDS AND MANAGED FOREST LANDS AIDS. (a) In each fiscal year, the department shall make payments to each county that has more than 40,000 acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of that fiscal year. (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county’s proportionate share of the moneys appropriated under s. 20.370 (5) (br) for the fiscal year. An eligible county’s proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (5) (br) for the fiscal year. (c) The department shall calculate and issue the payment for each eligible county by October 1 following each fiscal year. (18m) NATIONAL FOREST INCOME. If the governor designates the department under s. 16.54 (2) to distribute moneys received by the state as national forest income under 16 USC 500, the department shall distribute the moneys to school districts that contain national forest lands within their boundaries. The distribution to each school district shall be in proportion to the national forest acreage in each school district. (19) AIDS FOR THE ACQUISITION OF URBAN GREEN SPACE. (a) In this subsection: 1. “Brownfields redevelopment” means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination. 2. “Governmental unit” means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), public inland lake protection and rehabilitation district or the Kickapoo reserve management board. 3. “Nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f). (b) Any governmental unit may apply for state aid for the acquisition of lands and rights in lands for urban green space. Each application shall include a comprehensive description of the proposal for urban green space acquisition, plans for development and management of the land and any other information required by the department. (c) The department may award grants from the appropriation under s. 20.866 (2) (tz) for the acquisition of land or rights in land for urban green space under this subsection for the following purposes:
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1. To provide an open natural space within or in proximity to urban development. 2. To protect from urban development an area or naturally formed feature that is within or in proximity to an urban area and that has scenic, ecological or other natural value. 5. To provide land for noncommercial gardening to be used by inhabitants of an urbanized area. (cg) The department may award grants from the appropriation under s. 20.866 (2) (ta) for the acquisition of land or rights in land for urban green space under this subsection only for the purposes of nature-based outdoor recreation. (cm) In approving grants under this subsection and under s. 23.096 for urban green space, the department shall give higher priority for projects related to brownfields redevelopment. (d) Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50 percent of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs. (e) As part of its approval of a grant, the department shall specify for which of the purposes listed in par. (c) the governmental unit may use the land or the rights in the land acquired with the grant. The governmental unit may not convert the land or the rights in the land acquired under this subsection to a use that is inconsistent with the uses as approved by the department. (f) 1. Except as provided in subd. 2., title to land or to rights in land acquired under this subsection shall vest in the governmental unit. 2. Land or rights in land acquired under this subsection by the Kickapoo reserve management board shall vest in the state. (g) The department may not approve a grant for costs associated with development, operation and maintenance of urban green space acquired under this subsection or for administrative costs of acquiring lands or rights in lands. (h) The department may not approve a grant under this subsection unless the urban green space is identified in any master plan that the governmental unit may have. (j) Any governmental unit that acquires an area for gardening with a grant under this subsection may charge fees for use of the garden that are sufficient to recover the costs of maintaining the area. The governmental unit may reduce or waive any fee charged based on the user’s inability to pay. (k) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $750,000 in each fiscal year for urban green space under this subsection and for grants for urban green space under s. 23.096. (L) The department may not award a grant from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board. Cross-reference: See also ch. NR 50, Wis. adm. code.
(20) AIDS FOR THE ACQUISITION AND DEVELOPMENT OF LOCAL PARKS. (ab) In this subsection: 1. “Governmental unit” means a municipality or the Kickapoo reserve management board. 2. “Municipality” means a city, village, town or county. 3. “Nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f). (am) Any governmental unit may apply for state aids for the acquisition and development of recreational lands and rights in lands. State aids under this subsection that are expended from the appropriation under s. 20.866 (2) (ta) may only be used for nature-based outdoor recreation. State aids received by a municipality shall be used for the development of its park system in accordance with priorities based on comprehensive plans submitted
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with the application and consistent with the outdoor recreation program under s. 23.30. An application under this subsection shall be made in the manner the department prescribes. (b) Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50 percent of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection. (d) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $2,250,000 each fiscal year for local park aids under this subsection and for grants for this purpose under s. 23.096. (e) The department may not award state aid under this subsection from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board. Cross-reference: See also ch. NR 50, Wis. adm. code.
(20m) GRANTS FOR ACQUISITION OF DEVELOPMENT RIGHTS. (a) In this subsection: 1. “Governmental unit” means a city, village, town, county or the Kickapoo reserve management board. 2. “Nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f). 3. “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. Except as provided in s. 23.096 (2m), the grants shall be limited to no more than 50 percent of the acquisition costs of the development rights. (21) CREATION OF NEW LAKES. The department may create new lakes on lands under its supervision and control. (21m) ENVIRONMENTAL CLEANUP. The department may engage in environmental clean-up activities on the lands under its ownership, management, supervision or control. (22) INFORMATION TO BE INCLUDED IN GEOGRAPHIC INFORMATION SYSTEMS. The department shall include physical and chemical information about groundwater and soil in its geographic information systems. (22m) SITING OF ELECTRIC TRANSMISSION FACILITIES. The department shall implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities. (23) VOLUNTARY CONTRIBUTIONS; NATURAL RESOURCES FOUNDATION OF WISCONSIN. (a) In this subsection, “approval” means any type of approval or authorization issued by the department under ch. 29, subch. V. of ch. 30, or s. 23.33 (2), 23.335 (3) or (5), 27.01, or 350.12, including a license, permit, certificate, stamp, tag, registration, or vehicle admission receipt. (b) Any applicant for an approval may, in addition to paying any fee charged for the approval, elect to make a voluntary contribution of at least $2 to the Natural Resources Foundation of Wisconsin to be used by the Natural Resources Foundation of Wis-
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consin to establish an endowment program to support habitat management activities on land owned or managed by this state. (c) All moneys collected under par. (b) shall be credited to the appropriation account under s. 20.370 (5) (fw). (d) The department shall enter into an agreement with the Natural Resources Foundation of Wisconsin to make payments, at least annually, from the appropriation under s. 20.370 (5) (fw) to the Natural Resources Foundation of Wisconsin to be used by the Natural Resources Foundation of Wisconsin to establish an endowment program to support habitat management activities on land owned or managed by this state. The memorandum of agreement shall include a description of the types of activities that the Natural Resources Foundation of Wisconsin will support under the endowment program, the manner in which the endowment program funds will be managed, and, if the Natural Resources Foundation of Wisconsin will make grants under the endowment program, the methods that will be used to award the grants. (26) AIDS TO COUNTIES FOR SNOWMOBILE PURPOSES. (a) The procedures in sub. (11) (a), (d), (e) and (f) shall apply to this subsection except that the department shall consult with the snowmobile recreational council before adopting snowmobile trail construction standards, the restriction in sub. (11) (a) as to county lands is not applicable, the restriction in sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in sub. (11) (e) as to requests for state aids exceeding available funds is not applicable. (am) Counties may receive aids under this subsection distributed in accordance with s. 350.12 (4) to: 1. Purchase lands or secure easements, leases, permits or other appropriate agreements, written or oral, permitting use of private property for snowmobile trails, facilities and areas, if such easements, leases, permits or other agreements provide public access to the trail, facility or area. No lands purchased or leases, easements, permits or agreements secured under authority of this section may be acquired by the county through condemnation. Counties shall certify to the department that such lands, easements, leases, permits or other appropriate agreements have been secured. However, when bridges, culverts, toilet facilities, parking lots or shelters are to be constructed under this section and the improvements are estimated to cost in excess of $3,000, the land underlying such improvements must be purchased by the county or secured by the county by written easements or leases having a term of not less than 3 years. 2. Enter into agreements with the department to use for snowmobile trails, facilities or areas lands owned or leased by the department. No lands of the department to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation. 3. Develop and maintain snowmobile trails, facilities and areas on public lands designated by the county board or trails or areas under subd. 1. or 2. 4. Enforce laws in or on snowmobile trails, facilities or areas. As used in this subdivision, “facility” means a parking area, shelter or toilet. 5. Undertake major reconstruction or rehabilitation projects to improve bridges on existing approved trails. (b) The county board of any county, which, by resolution, indicates its desire to receive aids under this subsection shall apply to the department on forms prescribed by the department and submit required documentation as set forth by rule on or before April 15, beginning in 1978. A decision on an aid application shall be made by the department on or before July 1, beginning in 1978. (c) Distribution of snowmobile trail funds shall be made on
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the basis of a priority system according to the following priorityranked purposes: 1. Maintenance of existing approved trails. 2. Club signing program. 3. Major bridge reconstruction or rehabilitation. 4. Route signing program. 5. Trail rehabilitation. 6. Development of new trails. (cg) For the purposes of pars. (am) 3. and (c) 1., maintenance includes the following: 1. The purchase of liability insurance. 2. The acquisition of interests in land, by lease, easement, permit or other agreement if the term of the acquisition is for a period of less than 3 years. (cr) For the purposes of pars. (am) 3., (c) 6., (d), (e) and (f), development includes the following: 1. The purchase of land in fee simple. 2. The acquisition of interests in land by lease, easement, permit, or other agreement if the term of the acquisition is for a period of 3 years or longer. (d) Distribution of snowmobile trail development funds shall be limited to trails which provide a primary access route through one county and connect with another county’s trails, provide access from population centers to main access trails or support a high volume of use. Counties applying for aid for snowmobile trail development shall identify the type of trail for which aid is being sought on the forms under par. (b). (e) Distribution of snowmobile trail development funds shall be made on the basis of a priority system according to the following priority-ranked criteria: 1. Trails in counties where there are no funded trails or trails are in short supply in comparison to demand. 2. Trails to be developed on public-owned or long-term easement land. 3. Trails which can be developed to provide more trail miles for less cost. (f) 1. Except as provided under subd. 2., the maximum amount allowed for general trail development including bridge construction is $500 per mile. 2. The maximum amount allowed for general trail development including bridge construction may exceed $500 per mile if the amount is recommended by the snowmobile recreation council and approved by the department. (27) SUMMER TRIBAL YOUTH PROGRAM. The department may, in partnership with any of the federally recognized American Indian tribes or bands domiciled in this state, establish a summer program that provides members of the tribe or band who are 13 to 19 years of age with an opportunity to work on projects related to the conservation of natural resources. The department may not provide funding that exceeds 50 percent of the eligible program costs. The tribe or band shall be responsible for the remainder of those costs. Cross-reference: See also ch. NR 50, Wis. adm. code. History: 1971 c. 40 s. 93; 1971 c. 125 s. 522 (1); 1971 c. 215, 277, 326; 1973 c. 251, 298, 333; 1975 c. 39 ss. 249, 249a, 250m, 734; 1975 c. 91, 200, 224, 365; 1977 c. 29, 402, 406; 1979 c. 34 ss. 699m to 701g, 2102 (39) (a); 1979 c. 89; 1981 c. 20 ss. 598 to 599s, 2202 (38) (c); 1981 c. 295; 1981 c. 390 s. 252; 1983 a. 27, 243; 1985 a. 29, 65, 322; 1985 a. 332 ss. 34, 251 (1); 1987 a. 27, 98, 295, 403; 1989 a. 31, 336, 359; 1991 a. 39, 269, 309; 1993 a. 16, 343, 436, 490; 1995 a. 27, 218, 257, 349, 417; 1997 a. 27, 35, 248, 313; 1999 a. 9, 32, 83; 2001 a. 38, 56, 104, 109; 2003 a. 33, 89; 2005 a. 25, 166, 286; 2007 a. 20; 2009 a. 276; 2011 a. 148; 2013 a. 20; 2013 a. 165 ss. 114, 115; 2015 a. 170; 2017 a. 59. Cross-reference: See also ch. NR 1, Wis. adm. code. A determination of necessity for condemning lands for conservation purposes is not invalidated by a showing that the Natural Resources Board considered the question of whether the legislature might later decide to use the land for other purposes. Herro v. Natural Resources Board, 53 Wis. 2d 157, 192 N.W.2d 104 (1971).
CONSERVATION
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Discussing property acquisition by the department when there is a bona fide intent not to condemn. 68 Atty. Gen. 3.
23.091 Recreation areas. (1) DESIGNATION. The department may acquire, develop, operate and maintain state recreation areas. State lands and waters may be designated as state recreation areas that are environmentally adaptable to multiple recreational uses, or are so located to provide regional or urban recreational opportunities or for preservation. (2) MASTER PLAN. The department may designate a recreational area only after a master plan for use and management of the area is prepared, public hearings on the plan are held in the county where the largest portion of land in the project is located, the procedures prescribed in s. 1.11 are complied with, and the plan is approved by the natural resources board. (3) USE ZONES. The department may establish use zones within state recreation areas providing for the full range of recreational uses, including hunting and fishing. It may promulgate rules to control uses within zones and may limit the number of persons using any zone. Such use zones shall be consistent with the activities identified in the master plan formulated under sub. (2). History: 1977 c. 29; 1985 a. 332 s. 251 (1); 1987 a. 298. Cross-reference: See also ch. NR 44, Wis. adm. code.
23.0912 Land management, maintenance, and improvement activities. (1b) In this section: (a) “Department land” has the meaning given in s. 23.0917 (1) (c). (b) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (1g) The department may contract with nonprofit conservation organizations and other 3rd parties to perform land management, maintenance, and improvement activities on department land. (1m) The department may receive gifts, grants, and bequests of money, materials, or services from nonprofit conservation organizations and other donors for the performance of land management, maintenance, and improvement activities on department land. (1r) The department may acknowledge the performance of activities pursuant to contracts under sub. (1g) and the receipt of moneys, materials, and services under sub. (1m) by the use of signs or by bulletins, pamphlets, or other communications that are published or electronically transmitted by the department. (2) The department shall prepare, for the joint committee on finance, an annual report concerning any contracts into which the department enters under sub. (1g) during each fiscal year. For each contract entered, the report shall include information concerning the cost of the contract, the activities performed under the contract, and an assessment of the cost-effectiveness of the contract. The department shall submit the report to the committee no later than November 15 for the preceding fiscal year, and shall submit the first report no later than November 15, 2008. History: 2007 a. 20; 2011 a. 32.
23.0913 Report on land acquisitions. (1) In this section, “land” has the meaning given in s. 23.0917 (1) (d). (2) On or before November 15 of each odd-numbered year, the department of natural resources shall submit to the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report regarding the total number of acres of land that the department plans to acquire for any of the purposes specified in s. 23.09 (2) (d). History: 2011 a. 32; 2013 a. 166 s. 77.
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23.0915
CONSERVATION
23.0915 Warren Knowles-Gaylord Nelson stewardship program. (1) DESIGNATED AMOUNTS. The legislature intends that the department will expend the following designated amounts under the Warren Knowles-Gaylord Nelson stewardship program from the appropriation under s. 20.866 (2) (tz) for the following purposes in each fiscal year, the expenditures beginning with fiscal year 1990-91 and ending in fiscal year 19992000, except as provided in sub. (2c): (a) General land acquisition, urban river grants and the Frank Lloyd Wright Monona terrace project, $8,600,000. (b) General property development, $3,500,000. (c) Local park aids, $2,250,000. (d) Lower Wisconsin state riverway acquisition, $2,000,000. (e) Habitat areas and fisheries, $1,500,000. (f) Stream bank protection, $1,000,000. (g) Trails, $1,000,000. (h) Natural areas acquisition, $1,500,000. (i) Urban green spaces, $750,000. (j) Natural areas heritage program, $500,000. (k) Ice age trail, $500,000. (Lg) Hank Aaron State Trail, a total of $1,360,000. (Lr) Flambeau Mine Trail, a total of $100,000, to be expended beginning in fiscal year 1997-98. (m) Horicon Marsh interpretative center, a total of $250,000, to be expended beginning in fiscal year 1991-92. (n) Crex Meadows Wildlife Area education center, a total of $250,000, to be expended beginning in fiscal year 1997-98. (1g) LAND ACQUISITION; URBAN RIVER GRANTS. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, the department for each fiscal year shall designate for expenditure $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) for land acquisition for urban river grants under s. 30.277. (1m) PROHIBITIONS ON EXPENDITURES. (a) 1. The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition of land for golf courses or for the development of golf courses. 2. Subdivision 1. does not apply to the expenditure of moneys approved under an application that was made before April 1, 1995, and that was approved by the department before April 10, 1995. (b) The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation. (c) The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition. (1r) AMOUNTS FOR CERTAIN FISCAL YEARS; LAND ACQUISITION; URBAN RIVER GRANTS. Notwithstanding sub. (1g), for fiscal years 1993-94, 1994-95 and 1995-96, the department shall designate for expenditure for each fiscal year $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) by making the following calculations: (a) The department shall set aside $1,000,000 in each fiscal year to be used only for the Frank Lloyd Wright Monona terrace project as provided in s. 23.195. (c) For land acquisition, the department shall designate for expenditure $900,000 for urban river grants under s. 30.277 and for grants under s. 23.096 for the purposes under s. 30.277 (2) (a).
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(2) ADJUSTED EXPENDITURE LIMITS. (a) Beginning with fiscal year 1990-91, if the department expends in a given fiscal year an amount from the moneys appropriated under s. 20.866 (2) (tz) for a purpose under sub. (1) (a) or (c) to (k) that is less than the amount designated for that purpose for that given fiscal year under sub. (1) (a) or (c) to (k), the department may adjust the expenditure limit under the Warren Knowles-Gaylord Nelson stewardship program for that purpose by raising the expenditure limit, as it may have been previously adjusted under this paragraph and par. (b), for the next fiscal year by the amount that equals the difference between the amount designated for that purpose and the amount expended for that purpose in that given fiscal year. (b) Beginning with fiscal year 1990-91, if the department expends in a given fiscal year an amount from the moneys appropriated under s. 20.866 (2) (tz) for a purpose under sub. (1) (a) or (c) to (k) that is more than the amount designated for that purpose for that given fiscal year under sub. (1) (a) or (c) to (k), the department shall adjust the expenditure limit under the Warren Knowles-Gaylord Nelson stewardship program for that purpose by lowering the expenditure limit, as it may have been previously adjusted under this paragraph and par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount designated for that purpose from the amount expended, as it may be affected under par. (c) or (d), for that purpose in that given fiscal year. (c) The department may not expend in a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (tz) for a purpose under sub. (1) (a) or (c) to (k) that exceeds the amount equal to the expenditure limit for that purpose as it may have been previously adjusted under pars. (a) and (b), except as provided in par. (d). (d) In a given fiscal year, in addition to expending the amount designated for a purpose under sub. (1) (a) or (c) to (k), or the amount equal to the expenditure limit for that purpose, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also expend for that purpose up to 50 percent of the designated amount for that purpose for the given fiscal year for a project or activity if the natural resources board determines all of the following: 1. That moneys appropriated for that purpose to the department under s. 20.370 and the moneys appropriated under s. 20.866 (2) (tp) to (tw), (ty) and (tz) do not provide sufficient funding for the project or activity. 2. That the property involved in the project or activity covers a large area or the property is uniquely valuable in conserving the natural resources of the state. 3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible. (e) Paragraphs (a) to (d) do not apply after June 30, 2000. (2c) EXPENDITURES AFTER JULY 1, 1999. (a) In this subsection: 1. “Commit for expenditure” means to encumber, set aside or otherwise commit or to expend without having previously encumbered or otherwise committed. 2. “Moneys available for expenditure” means moneys that have not been committed for expenditure. (b) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (n) on July 1, 2000, is greater than zero, the department may expend for that purpose any portion of or all of the moneys available for expenditure in one or more subsequent fiscal years, subject to par. (d). (c) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (k) is not sufficient for a given project or activity and if the project or activity is uniquely valuable in conserving the natural resources of the state, the depart-
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ment may expend for that project or activity moneys that are designated for any of the purposes under sub. (1) (a) to (k) in one or more subsequent years, subject to par. (d). (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2026. (2g) FUNDS FOR MONONA TERRACE PROJECT. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition. (2j) FLAMBEAU MINE TRAIL. (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall expend $100,000 for the Flambeau Mine Trail and Rusk County visitor center. (b) For purposes of sub. (1) and s. 23.17, moneys expended under this subsection shall be treated as moneys expended for trails. (2m) MONEYS FOR HANK AARON STATE TRAIL. (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside $400,000 to be used only for the development of the Hank Aaron State Trail. (d) For purposes of adjusting expenditure limits under sub. (2) (a) to (c), the amount set aside under par. (a) shall be treated as moneys that were expended in fiscal year 1990-91 for wildlife habitat restoration under s. 23.092. (e) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside $290,000 for the Hank Aaron State Trail. (em) For purposes of sub. (1), moneys expended under par. (e) shall be treated as moneys expended for wildlife habitat restoration under s. 23.092. (f) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside $670,000 for the Hank Aaron State Trail. For purposes of sub. (1) moneys expended under this paragraph shall be treated as follows: 1. As moneys expended for urban rivers, $400,000. 2. As moneys expended for stream bank protection, $200,000. 3. As moneys expended for urban green space, $70,000. (g) None of the moneys set aside under this subsection may be expended for stadium parking or for any other purpose not directly related to the development of the Hank Aaron State Trail. (2p) UPPER WHITING PARK. From the appropriation under s. 20.866 (2) (tz), the department shall provide to the village of Whiting $38,000 in fiscal year 1999-2000 for the development of Upper Whiting Park. Notwithstanding s. 23.09 (20) (b), the 50 percent matching requirement under s. 23.09 (20) (b) does not apply to the state aid provided under this subsection. For purposes of sub. (1), moneys provided under this subsection shall be treated as moneys for local park aids. (2r) ACQUISITION OF GRANDFATHER FALLS RECREATION AREA. (a) Subject to par. (b), from the appropriation under s. 20.866 (2) (tz), the department shall expend the moneys necessary to purchase approximately 1,485 acres of land in Lincoln County that is commonly known as the Grandfather Falls Recreation Area. (b) The department may not expend more than $2,138,000 for the land specified under par. (a). (c) For purposes of sub. (1), moneys expended under par. (a) may be treated as moneys expended for any of the purposes spec-
CONSERVATION
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ified under sub. (1) (a) to (k) or any combination of those purposes. (3) HORICON MARSH INTERPRETATIVE CENTER. (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside during fiscal year 1991-92 $250,000 for a project to develop a vacant building to be used as an interpretative and administrative center for the Horicon Marsh area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph. (b) The department shall expedite the planning, design and development of the interpretative and administrative center. (3m) CREX MEADOWS WILDLIFE AREA EDUCATION CENTER. (a) From the moneys appropriated under s. 20.866 (2) (tz), the department shall set aside during fiscal year 1997-98 $250,000 for a project to construct and equip a wildlife education center for Crex Meadows Wildlife Area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph. (b) The department shall expedite the planning, design and development of the education center. (c) For purposes of sub. (1), moneys set aside by the department under this subsection shall be treated as moneys for general property development. (4) REVIEW BY JOINT COMMITTEE ON FINANCE. Beginning on December 31, 1995, the department may not encumber or expend from the appropriation under s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department’s notification that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure. If, within 14 working days after the date of the department’s notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure only upon approval of the committee. History: 1989 a. 31; 1991 a. 39, 269, 309; 1993 a. 16, 213, 343; 1995 a. 27; 1997 a. 27; 1999 a. 9; 2011 a. 32; 2019 a. 9; 2021 a. 58.
23.0916 Stewardship land access. (1) DEFINITIONS. In this section: (a) “Former managed forest land” means land that was withdrawn from the managed forest land program under subch. VI of ch. 77 on or after October 27, 2007. (b) “Nature-based outdoor activity” means hunting, fishing, trapping, hiking, cross-country skiing, and any other naturebased outdoor activity designated by rule by the department for purposes of this section. (c) “Stewardship grant” means a grant that consists in whole or in part of funding from the stewardship program under s. 23.0917. (2) REQUIREMENT OF ACCESS; NONDEPARTMENT LAND. (a) Earlier acquisitions. Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after October 27, 2007, and before July 1, 2011, that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities. (am) Later acquisitions. Except as provided in par. (b) or (c)
May 22, 2026, are designated by NOTES. (Published 5-22-26)
23.0916
CONSERVATION
and sub. (4), any person receiving a stewardship grant on or after July 1, 2011, that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities. (b) Authority to prohibit access; earlier acquisitions; trails. Except as provided in par. (c), the person receiving a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect public safety. 2. Protect a unique animal or plant community. 3. Accommodate usership patterns, as defined by rule by the department. (c) Authority to prohibit access; later acquisitions. For acquisitions of land or easements that are not for state trails or the ice age trail the person receiving a stewardship grant subject to par. (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect public safety. 2. Protect a unique animal or plant community. (3) REQUIREMENT OF ACCESS; DEPARTMENT LAND. (a) All acquisitions. Except as provided in par. (b) and sub. (4) and ss. 29.089, 29.091, 29.301 (1) (b), and 29.621 (4), the department shall permit public access for nature-based outdoor activities by others on land that is acquired by the department in fee simple or is an easement acquired by the department on former managed forest land. (b) Authority to prohibit access; earlier acquisitions; trails. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so to protect public safety, protect a unique animal or plant community, or accommodate usership patterns, as defined by rule by the department. This paragraph applies to all acquisitions of land in fee simple and easements on former managed forest land that occur on former managed forest land before July 1, 2011, and to the acquisition of easements on former managed forest land for state trails and the ice age trail that occur on or after July 1, 2011. (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after July 1, 2011. (3m) BOARD DETERMINATIONS. (a) Except as provided in par. (b), a determination by the natural resources board under sub. (2) (b) or (c) or (3) (b) or (c) with regard to public access on land or an easement requires 4 or more members of the natural resources board to concur in that determination if the land or easement was acquired on or after April 17, 2012. (b) Paragraph (a) does not apply to a determination by the natural resources board with regard to public access on an easement, if the primary purpose of the easement is to provide public access to a navigable water on which public fishing is allowed. (4) FISH AND GAME REFUGES. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (am) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.
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(5) RULES. The natural resources board, by rule, shall develop all of the following: (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (am) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917. (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c). (6) REPORTING REQUIREMENT. The department shall prepare a biennial report that identifies all land subject to this section that has been acquired during the preceding fiscal biennium and upon which public access for any nature-based outdoor activity is prohibited. For each acquisition, the report shall specify for which of these nature-based outdoor activities public access is prohibited and shall include the reason for the prohibition. The department shall submit the report to the joint committee on finance and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). The department shall submit the report no later than November 15 for the preceding fiscal biennium and shall submit the first biennial report no later than November 15, 2009. History: 2007 a. 20; 2009 a. 28; 2011 a. 32, 168.
23.09165 Stewardship programs information and public access notice. (1) DEFINITIONS. In this section: (a) “Department land” has the meaning given in s. 23.0917 (1) (c). (b) “Land” has the meaning given in s. 23.0917 (1) (d). (c) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (d) “Stewardship land” means land that is acquired in whole or in part with funding from one or both stewardship programs. (e) “Stewardship program” means the stewardship program under s. 23.0915 or 23.0917. (2) LAND MAPPING AND DIRECTORY. (ac) Within 48 months after October 27, 2007, the department shall establish and maintain an interactive mapping tool at the department’s website that identifies all stewardship land that is open for public access. Public access to the mapping tool at the website shall be available without charge. (bc) Within 24 months after December 21, 2011, the department shall make available to the public a written directory of all stewardship land that is open for public access. The directory shall be organized by county and town and shall clearly show the location of the stewardship land and named or numbered roads. The directory shall be updated at least every 2 years. In lieu of the department itself making available the written directory, the department may make available a written directory that is published by a private entity and that meets the requirements of this paragraph. The department may charge a fee for either directory, but the fee may not exceed the cost of preparing and publishing the directory. (3) NOTICE OF ACCESS TO STEWARDSHIP LAND. (a) An owner of stewardship land acquired on or after October 27, 2007, shall, within 6 months after the disbursement of the stewardship program funds, provide notice of public access to the stewardship land by the placement of signs adequate to give notice. The owner of stewardship land acquired before October 27, 2007, shall provide notice of public access to the stewardship land by the placement of signs adequate to give notice within 48 months after October 27, 2007. The area of each sign shall be at least 108 square inches, and each sign shall be made of a durable substance. The signs shall be placed at major access points to the stewardship land.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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(b) If the stewardship land that is acquired on or after October 27, 2007, is surrounded by department land, the department shall, within 6 months after the disbursement of stewardship program funds, provide notice of public access to the stewardship land by the placement of signs adequate to give notice at the major access points to the department land. If the stewardship land that is acquired before October 27, 2007, is surrounded by department land, the department shall provide notice of public access to the stewardship land by the placement of signs adequate to give notice at the major access points to the department land within 48 months after October 27, 2007. The area of each sign shall be at least 108 square inches, and each sign shall be made of a durable substance. (c) The signs required under pars. (a) and (b) shall list either the primary activities that are restricted or prohibited on the stewardship land or the primary activities that are permitted on the stewardship land. The signs shall include either the name of the owner of the stewardship land or a person to contact regarding the stewardship land. Signs shall also be placed at the specified major access points that give notice that the stewardship land was acquired in whole or in part using stewardship program funds. The department may specify the amount of detail that is required on the signs to assure that the signs provide sufficient and useful information. (d) If the stewardship land described under par. (a) or (b) has a cumulative acreage of 10 acres or more, the signs under par. (a) or (b) shall also include one of the following: 1. The postal address or telephone number of the owner of the stewardship land. 2. The postal address or telephone number of a person to contact regarding the stewardship land. 3. An Internet website address where a person can locate the information listed in subd. 1. or 2. (ec) Within 24 months after December 21, 2011, the department shall make available to the public a written list of all stewardship land that was acquired before October 27, 2007, and for which public access has been restricted or prohibited and the reasons for that action. (f) If an owner of any stewardship land fails to comply with the requirements of par. (a), that person is not eligible for any subprogram or grant or other state aid under the stewardship programs until the department determines that the person is in compliance with par. (a). (g) If the department is notified that a sign required under par. (a) or (b) needs replacing, within 28 days after receiving that notification the department shall determine if the sign needs to be replaced. The department shall replace any sign required under par. (b) within 28 days after determining that the sign needs to be replaced. Within 7 days after determining that a sign required under par. (a) needs to be replaced, the department shall notify the owner of that determination. The owner of stewardship land that placed signs as required under par. (a) shall be ineligible for any subprogram or grant or other state aid under the stewardship programs if the sign is not replaced within 3 months after receiving the notice. (h) If the department authorizes a nonprofit conservation organization to charge a fee for hunting on stewardship land, the fee for the hunting season may not exceed the sum of the fee for a daily resident vehicle admission receipt under s. 27.01 (7) (f) 2. and the issuing fee for a daily vehicle admission receipt under s. 27.01 (7) (gr). (4) CONTACT INFORMATION. An owner of stewardship land shall provide information requested by the department that will enable the department to contact that owner.
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(5) APPLICABILITY. This section does not apply to the following stewardship land: (a) Easements used for trails. (b) Easements for which the primary purpose of the easement is not public access. (c) Land acquired or managed under s. 23.17. History: 2007 a. 20; 2009 a. 28; 2011 a. 95; 2017 a. 365 s. 112.
23.0917 Warren Knowles-Gaylord Nelson stewardship 2000 program. (1) DEFINITIONS. In this section: (a) “Annual bonding authority” means the amount that may be obligated under a subprogram for a fiscal year. (am) “Available bonding authority” means the annual bonding authority as it may be adjusted under sub. (4g) (b), (4m) (k), (5) or (5m). (b) “Baraboo Hills” means the area that is within the boundaries of the Baraboo Range National Natural Landmark. (c) “Department land” means an area of land that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in s. 23.09 (2) (d). (d) “Land” means land in fee simple, conservation easements, other easements in land and development rights in land. (dm) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (e) “Obligate” means to encumber or otherwise commit or to expend without having previously encumbered or otherwise committed. (f) “Owner’s acquisition price” means the amount equal to the price the owner paid for the land or if the owner acquired the land as a gift or devise, the amount equal to the appraised value of the land at the time it was transferred to the owner. (g) “Remaining bonding authority” means the amount of moneys that has not been obligated. (i) “Total bonding authority” means the total amount that may be obligated under a subprogram under the Warren KnowlesGaylord Nelson stewardship 2000 program over the entire duration of the program. (2) ESTABLISHMENT. (a) The department shall establish the following subprograms under the Warren Knowles-Gaylord Nelson stewardship 2000 program: 1. A subprogram for land acquisition for conservation and recreational purposes. 2. A subprogram for property development and local assistance. 3. A subprogram for bluff protection. 3m. A subprogram for recreational boating aids. 4. A subprogram for land acquisition in the Baraboo Hills for conservation purposes. (b) Except as provided in sub. (5m), no moneys may be obligated from the appropriation under s. 20.866 (2) (ta) before July 1, 2000. (3) LAND ACQUISITION SUBPROGRAM. (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a). (b) In obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year $1,000,000 that may be obligated only for the department to acquire land for the ice age trail. The period of time during which the moneys shall be set aside in each fiscal year shall begin on the
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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July 1 of the fiscal year and end on the June 30 of the same fiscal year. (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2021-22, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $2,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c. (br) In obligating moneys under the subprogram for land acquisition, the department shall set aside the following amounts that may be obligated only to provide for grants awarded to nonprofit conservation organizations under s. 23.096: 1. For each fiscal year beginning with 2010-11 and ending with 2014-15, $12,000,000. 2. For each fiscal year beginning with 2015-16 and ending with 2025-26, $7,000,000. (bt) In obligating moneys under the subprogram for land acquisition, the department shall set aside the following amounts to be obligated only for the department to acquire land and to provide grants to counties under s. 23.0953: 1. For each fiscal year beginning with 2013-14 and ending with fiscal year 2014-15, $20,000,000. 2. For each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, $9,000,000. 3. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $1,000,000 plus the amount transferred to the capital improvement fund under s. 20.370 (5) (hq) in that fiscal year. (bw) 1. In obligating moneys under the subprogram for land acquisition, the department shall set aside $5,000,000 for each fiscal year beginning with 2015-16 and ending with 2021-22 to be obligated only to provide grants to counties under s. 23.0953. 2. In obligating moneys under the subprogram for land acquisition, for each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department shall set aside the amount transferred to the capital improvement fund under s. 20.370 (5) (hr) in that fiscal year to be obligated only to provide grants to counties under s. 23.0953. (c) In obligating moneys under the subprogram for land acquisition, the department shall give priority to all of the following purposes and to awarding grants under s. 23.096 for all the following purposes: 1. Acquisition of land that preserves or enhances the state’s water resources, including land in and for the Lower Wisconsin State Riverway; land abutting wild rivers designated under s. 30.26, wild lakes and land along the shores of the Great Lakes. 2. Acquisition of land for the stream bank protection program under s. 23.094. 3. Acquisition of land for habitat areas and fisheries under s. 23.092. 4. Acquisition of land for natural areas under ss. 23.27 and 23.29. 6. Acquisition of land in the middle Kettle Moraine. 7. Acquisition of land in the Niagara Escarpment corridor. (dm) Except as provided in subs. (4g) (b), (4m) (k), (5) and (5m), the department may not obligate under the subprogram for land acquisition more than the following amounts: 1. For fiscal year 2000-01, $28,500,000. 1m. For fiscal year 2001-02, $34,500,000. 2. For each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2006-07, $45,000,000. 3. For fiscal year 2007-08, $43,500,000.
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3m. For fiscal years 2008-09 and 2009-10, $42,500,000 for each fiscal year. 4. For fiscal year 2010-11, $62,000,000. 5. For fiscal year 2011-12, $37,500,000. 6. For fiscal year 2012-13, $36,500,000. 6g. For each fiscal year beginning with 2013-14 and ending with fiscal year 2014-15, $32,000,000. 7. For each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, $21,000,000. 8. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $16,000,000. (e) For purposes of this subsection, the department by rule shall define “wild lake”. (4) PROPERTY DEVELOPMENT AND LOCAL ASSISTANCE SUBPROGRAM. (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm). (b) The purposes for which moneys may be obligated for local assistance under the subprogram for property development and local assistance are the following: 1. Grants for urban green space under ss. 23.09 (19) and 23.096. 2. Grants for local parks under ss. 23.09 (20) and 23.096. 3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096. 4. Grants for urban rivers under ss. 23.096 and 30.277. (c) The purposes for which moneys may be obligated for property development under the subprogram for property development and local assistance are the following: 1. Property development of department lands. 2. Property development on conservation easements adjacent to department lands. 3. Grants under ss. 23.098 and 23.099. 5. Moneys for all-terrain vehicle, utility terrain vehicle, and snowmobile projects as provided in ss. 23.33 (9) (bd) and 350.12 (4) (b). (cm) Notwithstanding the purposes for which the department is authorized to obligate moneys under pars. (a), (b), and (c), the department may obligate moneys under the subprogram for property development and local assistance for any of the following purposes: 1. Construction of the Wisconsin agricultural stewardship initiative facility under s. 23.197 (7m). 1m. Construction of a visitor center and administration building at the Kickapoo valley reserve under s. 23.197 (2m). 2. Projects approved by the state fair park board under s. 23.197 (8). 3. Reconstruction of the chalet at Rib Mountain State Park under s. 23.197 (3m) (b). 4. Infrastructure improvements to the Kettle Moraine Springs fish hatchery. This subdivision does not apply after June 30, 2018. 5. Repair or replacement of the Little Falls Dam at Willow River State Park in St. Croix County. 6. Restoration of an area on the exposed bed of the former flowage on the Prairie River. (d) In obligating moneys under the subprogram for property development and local assistance, all of the following shall apply: 1. The department may obligate not more than $11,500,000
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For fiscal year 2010-11 the department may obligate not more than $21,500,000 under the subprogram except as provided in sub. (5). 1m. Except as provided in sub. (5), the department may not obligate under the subprogram more than the following amounts: a. For fiscal year, 2011-12, $20,000,000. b. For fiscal year 2012-13, $21,000,000. c. For fiscal year 2013-14, $13,000,000. d. For fiscal year 2014-15, $20,000,000. e. For each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, $9,750,000. f. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $14,250,000. 2. a. Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance. b. For fiscal year 2010-11, the department may obligate not more than $11,500,000 for local assistance. c. In fiscal years 2011-2012 and 2012-13, the department may obligate not more than $8,000,000 in each fiscal year for local assistance. 2m. a. Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22, the department shall obligate $6,000,000 in each fiscal year for local assistance. b. Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department shall obligate $9,250,000 in each fiscal year for local assistance. 3. The department shall obligate the following amounts for property development: a. Beginning with fiscal year 2013-14 and ending with fiscal year 2014-15, $7,000,000 in each fiscal year. b. Beginning with fiscal year 2015-16 and ending with fiscal year 2021-22, $3,750,000 in each fiscal year. c. Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $5,000,000. (e) Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, of the amounts obligated for property development, the department shall set aside the following amounts for the following purposes: 1. For grants under s. 23.098, $500,000 in each fiscal year. (f) For purposes of this subsection, the department by rule shall define “nature-based outdoor recreation”. (4g) BLUFF PROTECTION. (a) The department may not obligate more than $1,000,000 under the subprogram for bluff protection. (b) If the total amount obligated for the subprogram for bluff protection on June 30, 2004, is less than $1,000,000, the department shall calculate the unobligated amount by subtracting the total obligated amount from $1,000,000. The department shall then adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority in an amount equal to the unobligated amount. (c) The department may not obligate moneys for the subprogram for bluff protection after June 30, 2004. (4j) RECREATIONAL BOATING AIDS. (a) In this subsection “local governmental unit” means a city, village, town, or county, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33,
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or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management. (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department cannot obligate more than $3,000,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. (4m) BARABOO HILLS. (a) Definitions. In this subsection: 1. “Assigned amount” means the sum of the amounts made available for expenditure under par. (g) and the amounts set aside by the department under par. (h) 1. 2. “Federal nontransportation moneys” means moneys received from the federal government that are not deposited in the transportation fund and that are not credited to the appropriation under s. 20.115 (2) (m). 3. “Local governmental unit” means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or a public inland lake protection and rehabilitation district. (b) Matching funding. The department shall provide funding under the subprogram for the Baraboo Hills to match the value of land acquisitions that are certified as qualifying matching land acquisitions under par. (e). (c) Overall requirements. 1. The department may obligate not more than $5,000,000 under the subprogram for the Baraboo Hills. 2. The amount of moneys, other than federal moneys, that may be used by local governmental units or nonprofit conservation organizations to make land acquisitions that are certified as qualifying matching land acquisitions under par. (e) may not exceed $2,500,000. 3. Land that is either certified as a qualifying matching land acquisition under par. (e) or (h) 2. or acquired with moneys made available for expenditure under par. (g) or (h) 2. may not be department land or land that is otherwise owned or under the jurisdiction of the state on October 29, 1999. (d) Matching land acquisitions; requirements. The department may only certify as a qualifying matching land acquisition in the Baraboo Hills an acquisition to which all of the following apply: 1. The land is being acquired for conservation purposes. 2. The land is being acquired by the federal government, by a local governmental unit or by a nonprofit conservation organization. 3. Any federal moneys being used for the acquisition are federal nontransportation moneys. (e) Matching land acquisitions; certification. The department shall certify which land acquisitions qualify as matching land acquisitions for the subprogram for the Baraboo Hills and shall determine the values of these matching land acquisitions as provided in par. (f). (f) Matching land acquisitions; valuation. The value of a land acquisition that is certified as a qualifying matching land acquisition under par. (e), shall be calculated as follows: 1. For land that is acquired by purchase at fair market value, the value shall equal the sum of the purchase price and the costs incurred by the federal government, local governmental unit or nonprofit conservation organization in acquiring the land. 2. For land that is acquired by gift or bequest or by purchase
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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at less than fair market value, the value shall equal the sum of the appraised fair market value of the land at the time of the acquisition and the costs incurred by the acquiring entity in acquiring the land. The acquiring entity shall supply the appraisal upon which the appraised fair market value is based. (g) Matching land acquisitions; available moneys. For each land acquisition that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f). This paragraph does not apply to a land acquisition that is acquired with moneys committed by the federal government, local governmental unit or nonprofit conservation organization under par. (h). (h) Matching land acquisitions; future commitments. 1. In addition to the moneys made available for expenditure under par. (g), the department shall set aside moneys in amounts that equal amounts that the federal government, local governmental units or nonprofit conservation organizations commit for the acquisition of land in the Baraboo Hills for conservation purposes. Federal moneys that are committed under this paragraph shall be federal nontransportation moneys. The department may set aside moneys under this paragraph only for commitments that are made before January 1, 2006. 2. For each land acquisition that is made by using moneys that are committed by the federal government, a local governmental unit or a nonprofit conservation organization under this paragraph and that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f), after the acquisition is certified. (i) Available moneys; uses. The moneys made available for expenditure under par. (g) or (h) 2. may be used by the department to acquire land in the Baraboo Hills for conservation purposes and to award grants to local governmental units and nonprofit conservation organizations. (j) Available moneys; grant requirements. A local governmental unit or nonprofit conservation organization that receives a grant under par. (i) does not need to provide any matching funding. Land acquired with moneys from a grant awarded under par. (i) may not be certified by the department as a qualifying matching land acquisition under par. (e). Grants awarded under par. (i) shall be used to acquire land for conservation purposes in the Baraboo Hills. (k) Unassigned amount. If the assigned amount for the subprogram for the Baraboo Hills on January 1, 2006, is less than the available bonding authority, the department shall calculate the unassigned amount by subtracting the assigned amount from the available bonding authority. The department shall then adjust the annual bonding authority for the subprogram for land acquisition by increasing its annual bonding authority by an amount equal to this unassigned amount. The department shall expend any assigned amount that has not been expended before January 1, 2006, for acquisitions, by the department, of land for conservation purposes and for grants that meet the requirements under par. (j). (L) Highway construction required. No moneys may be obligated for the subprogram for the Baraboo Hills before the department of transportation certifies to the department of natural resources that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City. (5) ADJUSTMENTS FOR SUBSEQUENT FISCAL YEARS. (a) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram
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under sub. (3) or (4) that is less than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by raising the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (b), for the next fiscal year by the amount that equals the difference between the amount authorized for that subprogram and the obligated amount for that subprogram in that given fiscal year. This paragraph does not apply after fiscal year 2010-11. (b) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is more than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by lowering the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount authorized for that subprogram from the obligated amount, as it may be affected under par. (c) or (d), for that subprogram in that given fiscal year. (c) The department may not obligate for a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that exceeds the amount equal to the annual bonding authority for that subprogram as it may have been previously adjusted under pars. (a) and (b), except as provided in par. (d). (d) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under sub. (3) or (4), or the amount equal to the annual bonding authority for that subprogram, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also obligate for that subprogram up to 100 percent of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board determines that all of the following conditions apply: 1. That moneys appropriated for that subprogram to the department under s. 20.370 and the moneys appropriated for that subprogram under s. 20.866 (2) (ta), (tp) to (tw), (ty) and (tz) do not provide sufficient funding for the project or activity. 2. That any land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state. 3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible. (5g) UNUSED BONDING AUTHORITY. (a) Except as provided in pars. (b) to (j), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2025-26. (b) If in a given fiscal year beginning with fiscal year 2013-14 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11. (c) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2011-12, 2012-
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13, 2013-14, 2014-15, and 2015-16 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2013-14, 201415, and 2015-16 exceeded the amount obligated for that purpose in that fiscal year. 2. The department shall obligate the unobligated amount as follows: a. The amount necessary for the purpose under sub. (4) (cm) 4. but not more than $19,600,000. b. The amount necessary for the purpose under sub. (4) (cm) 5. but not more than $12,500,000. c. Subject to the limitation under s. 31.385 (7), the amount necessary for county dam safety grants under s. 31.385 (7) but not more than the difference between the amounts obligated under subd. 2. a. and b. and the unobligated amount. (d) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2014-15 and 2015-16 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2014-15 and 2015-16 exceeded the amount obligated for that purpose in that fiscal year. 2. The department shall obligate the unobligated amount as follows: a. The amount necessary for a grant to Iron County to rebuild the Saxon Harbor campground and marina but not more than $1,000,000. b. The amount necessary for the purpose under s. 23.0963 but not more than $1,000,000. c. The amount necessary for no more than 50 percent of the cost of reconstructing Eagle Tower in Peninsula State Park but not more than $750,000. d. The amount necessary to enhance a shelter located near the Palmatory scenic overlook on the south side of the Horicon Marsh Wildlife Area but not more than $500,000. e. The amount necessary for a grant to the cities of Neenah and Menasha for no more than 50 percent of the cost of constructing 2 pedestrian bridges across the Fox River and pedestrian trails to connect the bridges to existing pedestrian trails but not more than $415,300 and subject to the limitation that the total amount obligated under this subd. 2. e. and s. 23.197 (16) may not exceed $2,015,300. (e) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2014-15, 201516, and 2016-17 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2014-15, 2015-16, and 2016-17 exceeded the amount obligated for that purpose in that fiscal year. 2. Of the unobligated amount, the department shall obligate an amount necessary for the purpose under s. 281.665 (4) (c), but not more than $14,600,000. (f) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal year 2016-17 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for that fiscal year, but not including the amount by which the an-
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nual bonding authority for the purpose under sub. (3) (br) in fiscal year 2016-17 exceeded the amount obligated for that purpose in that fiscal year. 2. Of the unobligated amount, the department shall obligate an amount necessary to fund critical health and safety-related water infrastructure projects in state parks, prioritizing projects in those state parks with the highest demand, but not more than $4,500,000. (g) 1. In this paragraph, “unobligated amount” means the amount by which the bonding authority under s. 20.866 (2) (ta) beginning in fiscal year 1999-2000 and ending in fiscal year 2019-20 exceeded the amounts that the department expended, obligated, or otherwise encumbered from the moneys appropriated under s. 20.866 (2) (ta) for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal year 2019-20 exceeded the amounts obligated for that purpose in that fiscal year. 2. Of the unobligated amount beginning in fiscal year 202021, the department may obligate amounts necessary for the purposes of the subprograms under subs. (3), (4), and (4j), but, for each subprogram, not more than the fiscal year 2019-20 obligation limit for that subprogram, and not more than a total of $33,250,000 in each fiscal year. (h) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal years 2016-17, 201718, and 2018-19 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for those fiscal years, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal years 2016-17, 2017-18, and 2018-19 exceeded the amount obligated for that purpose in that fiscal year. 2. Of the unobligated amount, the department shall obligate an amount necessary to fund critical health and safety-related water infrastructure projects and high-priority water infrastructure projects in state parks, prioritizing projects in those state parks with the highest demand, but not more than $5,200,000. (i) 1. In this paragraph: a. “Bonding authority” means the bonding authority under s. 20.866 (2) (ta) beginning in fiscal year 1999-2000 and ending in fiscal year 2021-22. b. “Excluded amount” means the amount by which the annual obligation authority for the purpose under sub. (3) (br) beginning in fiscal year 2019-20 and ending in fiscal year 2021-22 exceeded the amounts obligated for that purpose in those fiscal years. c. “Obligated amount” means the amount that the department expended, obligated, or otherwise encumbered from the moneys appropriated under s. 20.866 (2) (ta) beginning in fiscal year 1999-2000 and ending in fiscal year 2021-22. d. “Unobligated amount” means the amount by which the bonding authority exceeded the obligated amount, not including the excluded amount. 2. Of the unobligated amount beginning in fiscal year 202223, the department may obligate amounts necessary for the purposes of the subprograms under subs. (3), (4), and (4j). For each subprogram, the department cannot obligate under this subdivision in a fiscal year more than the fiscal year 2022-23 obligation limit for each subprogram, and in total not more than the total annual obligation limit for that fiscal year. (j) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal year 2019-20 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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for that fiscal year, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal year 2019-20 exceeded the amount obligated for that purpose in that fiscal year. 2. Of the unobligated amount, the department shall obligate $3,000,000 to fund the Pierce County Islands Wildlife Area restoration project. (k) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) in fiscal year 2020-21 exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta) for those subprograms for that fiscal year, but not including the amount by which the annual bonding authority for the purpose under sub. (3) (br) in fiscal year 2020-21 exceeded the amount obligated for that purpose in that fiscal year. 2. Of the unobligated amount, the department shall obligate an amount necessary to fund, in the following order of priority, high-priority water infrastructure projects in the state park system and medium-priority water infrastructure projects in the state park system, but not more than $5,600,000. (L) 1. In this paragraph, “unobligated amount” means the amount by which the annual bonding authority for the subprograms under subs. (3), (4), and (4j) exceeded the amounts that the department obligated from the moneys appropriated under s. 20.866 (2) (ta). 2. The unobligated amount, the department shall obligate. This includes drilling new wells, facility maintenance, upgrades and renovations, and construction of new buildings. 3. Of the unobligated amount, the department shall obligate $6,000,000 for erosion control projects in the Kenosha Dunes unit of the Chiwaukee Prairie state natural area in Kenosha County. (5m) ADJUSTMENTS FOR LAND ACQUISITIONS. (a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under sub. (6m), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land. (b) For each land acquisition transaction under this subsection, all of the following apply: 1. The department shall sell a portion of the acquired land. 2. All proceeds from the sale of the land, up to the amount obligated under par. (a) as determined by the secretary of administration, shall be deposited in the general fund and credited to the appropriation account under s. 20.370 (7) (ag). Notwithstanding s. 25.29 (1) (a), the proceeds in excess of the amount obligated under par. (a) shall be deposited in the general fund. 3. For bonds that are retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority for the fiscal year in which the bonds are retired by an amount equal to the total amount of the bonds issued for the sale that have been retired in that fiscal year. 4. For bonds that are not retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by decreasing the available bonding authority for the next fiscal year beginning after the end of that 3-year period by an amount equal to the total amount of the bonds that have not been retired from such proceeds in that fiscal year and, if necessary, shall decrease for each subsequent fiscal year the available bond-
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ing authority in an amount equal to that available bonding authority or equal to the amount still needed to equal the total amount of the bonds that have not been retired from such proceeds, whichever is less, until the available bonding authority has been decreased by an amount equal to the total of the bonds that have not been retired. (c) Notwithstanding sub. (2) (a) 1., land acquired under this subsection need not be for conservation or recreational purposes. (d) The department of administration shall monitor all transactions under this subsection to ensure compliance with federal law and to ensure that interest on the bonds is tax-exempt for the holders of the bonds. (5t) LOCAL GOVERNMENTAL RESOLUTIONS. Each city, village, town, or county may adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification of the proposed acquisition to each city, village, town, or county in which the land is located. A city, village, town, or county that adopts a resolution under this subsection shall provide the department with a copy of the resolution. All of the following apply to a resolution under this subsection: (a) For the proposed acquisition of land located south of USH 8, if the department receives the copy within 30 days after the date that the city, village, town, or county received the notification of the proposed acquisition, the department shall take the resolution into consideration before approving or denying the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta). (b) For the proposed acquisition of land located north of USH 8, the department may not approve the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta) and may not notify the joint committee on finance of the proposal, if required under sub. (6m), unless every city, village, town, or county in which the land is located adopts a resolution under this subsection approving the acquisition by a simple majority vote of the governing body. (6m) REVIEW BY JOINT COMMITTEE ON FINANCE. (a) The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department’s notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee. (c) The procedures under par. (a) apply only to an amount for a project or activity that exceeds $250,000, except as provided in pars. (d), (dg), (dm), and (dr). (d) The procedures under par. (a) apply to any land acquisition under sub. (5m). (dg) 1. Notwithstanding sub. (1) (d), in this paragraph, “land” means land in fee simple. 2. The procedures under par. (a) apply to any acquisition of land by the department under this section, regardless of the amount obligated for the acquisition, if at the time that the amount is obligated the amount of land owned by this state that is under the department’s jurisdiction exceeds 1.9 million acres. (dm) The procedures under par. (a) apply to an amount for a
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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project or activity that is less than or equal to $250,000 if all of the following apply: 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $250,000. 2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under par. (a). (dr) The procedures under par. (a) apply to any acquisition of land in fee simple, regardless of the amount obligated for the acquisition, if the land is located north of STH 64. (e) This subsection does not apply to moneys obligated for the purpose of property development as described under sub. (4), to moneys obligated for land acquired by the department under s. 24.59 (1), or to moneys obligated for the acquisition of land for which the approval of the joint committee on finance is required under sub. (8) (g) 3. NOTE: Sub. (6m) was held to be unconstitutional by the Wisconsin Supreme Court in Evers v. Marklein, 2024 WI 31.
(7) CALCULATION OF GRANT AMOUNTS; APPRAISALS. (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the buyer’s acquisition price shall equal the sum of the land’s current fair market value and other acquisition costs of the buyer, as determined by rule by the department. (b) For land that has been owned by the current owner for less than one year, the buyer’s acquisition price of the land shall equal the sum of the land’s current fair market value and other acquisition costs of the buyer, as determined by rule by the department, or the current owner’s acquisition price, whichever is lower. (c) For land that has been owned by the current owner for one year or more but for less than 3 years, the buyer’s acquisition price shall equal the lower of the following: 1. The land’s current fair market value and other acquisition costs of the buyer as determined by rule by the department. 2. The sum of the current owner’s acquisition price and the annual adjustment increase. (d) For purposes of par. (c) 2., the annual adjustment increase shall be calculated by multiplying the current owner’s acquisition price by 5 percent and by then multiplying that product by one of the following numbers: 1. By one if the land has been owned by the current owner for one year or more but for less than 2 years. 2. By 2 if the land has been owned by the current owner for 2 years or more but for less than 3 years. (e) 1. For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant, state aid, or other funding to a governmental unit or nonprofit conservation organization under s. 23.09 (19), (20), or (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (2), or 30.277, the department shall use at least 2 appraisals to determine the current fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50 percent of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by
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the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). 2. Subdivision 1. does not apply if the current fair market value of the land is estimated by the department to be $350,000 or less. (f) 1. In this paragraph, “taxation district” has the meaning given in s. 70.114 (1) (e). 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department’s possession that was prepared in order to determine the current fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1). (8) PROHIBITIONS AND LIMITATIONS. (a) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition of land for golf courses or for the development of golf courses. (b) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit, or political subdivision acquires the land involved by condemnation. (c) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition. (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66 percent of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions. (e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size. (f) 1. Notwithstanding sub. (1) (d), in this paragraph, “land” means land in fee simple. 2. Beginning with fiscal year 2013-14, of the amount set aside for a given fiscal year under sub. (3) (bt), not more than one-third of that amount may be obligated for the purpose of the acquisition of land by the department. (g) 1. In this paragraph, “project boundary” means the boundary of a project established by the department on or before May 1, 2013. 2. Except as provided in subd. 3., beginning with fiscal year 2013-14, the department may not obligate any moneys from the appropriation under s. 20.866 (2) (ta) for the department to acquire land that is outside of a project boundary. 3. The department may obligate moneys from the appropriation under s. 20.866 (2) (ta) for the department to acquire land that is outside of a project boundary if the joint committee on fi-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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nance approves the land acquisition. A land acquisition is approved by the joint committee on finance under this subdivision if 12 members of the joint committee on finance vote to approve the land acquisition. NOTE: Subd. 3. was held to be unconstitutional by the Wisconsin Supreme Court in Evers v. Marklein, 2024 WI 31.
(12) EXPENDITURES AFTER 2026. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2026. History: 1999 a. 9, 185; 2001 a. 16, 30, 109; 2003 a. 33; 2007 a. 20; 2009 a. 28; 2011 a. 32, 250; 2013 a. 20, 166; 2015 a. 55; 2017 a. 59, 71, 183; 2017 a. 364 ss. 3, 49; 2019 a. 9, 93; 2021 a. 58, 173; 2021 a. 239 s. 74; 2021 a. 240 s. 29; 2023 a. 12, 19; 2025 a. 15. Subs. (6m) and (8) (g) 3. interfere with the executive branch’s core function to carry out the law by permitting a legislative committee, rather than an executive branch agency, to make spending decisions for which the legislature has already appropriated funds and defined the parameters by which those funds may be spent. Those legislative review provisions violate the separation of powers in the Wisconsin Constitution and cannot be enforced under any circumstances. Evers v. Marklein, 2024 WI 31, 412 Wis. 2d 525, 8 N.W.3d 395, 23-2020.
23.0918 Natural resources land endowment fund. (1) In this section, “land” includes any buildings, facilities or other structures located on the land. (2) Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants, or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing, or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant, or bequest, principal and income are determined as provided under subch. XI of ch. 701. History: 1999 a. 9; 2005 a. 10; 2013 a. 92.
23.0919 Wisconsin outdoor wildlife heritage trust fund. Expenditures from the Wisconsin outdoor wildlife heritage trust fund may be used only for the improvement and maintenance of fish and wildlife habitat. For purposes of this section, improvement and maintenance of fish and wildlife habitat does not include the acquisition of land for such habitat. History: 2001 a. 92.
23.092 Habitat areas. (1b) In this section, “nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (1m) The department shall designate habitat areas in order to enhance wildlife-based recreation in this state, including hunting, fishing, nature appreciation and the viewing of game and nongame species. The department may not designate an area as a habitat area under this subsection if the area is located within the boundaries of a project established by the department before August 9, 1989. (2) For each area designated under sub. (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan. (3) The department may acquire easements for habitat areas by gift or devise or beginning on July 1, 1990, by purchase. The department may acquire land for habitat areas by gift, devise or purchase. (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlifebased recreation if these organizations have the landowner’s permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the
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funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50 percent of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m). (5) (a) The department shall determine the value of land or an easement donated to the department that is within a habitat area and is dedicated for purposes of habitat protection, enhancement or restoration. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for habitat protection, enhancement or restoration activities for the same habitat area in which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. (b) If the moneys allocated under par. (a) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (a) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. (6) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in each fiscal year. History: 1989 a. 31; 1991 a. 39; 1993 a. 16, 343; 1995 a. 27; 1999 a. 9; 2001 a. 38, 104; 2003 a. 33; 2007 a. 20.
23.0925 Habitat work plan. The department shall prepare a biennial work plan that coincides with the biennial state budget process. The plan shall establish priorities and goals for habitat work on lands managed by the department and measure progress on established priorities and goals. The department shall annually report its progress on habitat work plan goals to the natural resources board, the joint committee on finance, and the relevant standing committees of the legislature. History: 2023 a. 66.
23.093 Carp control research. The department of natural resources may enter into contracts with public or private agencies for the accelerated research and development of a specific toxic material for the control and eradication of carp in the waters of the state. 23.094 Stream bank protection program. (1) DEFINITION. In this section, “political subdivision” means city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district. (1m) CREATION. In order to protect the water quality and the fish habitat of the streams in this state, there is created a stream bank protection program to be administered by the department. (2) IDENTIFICATION OF PRIORITY STREAMS. (a) The department shall identify as priority streams those streams in this state that are in most need of protection from degradation of water quality caused by agricultural or urban runoff. (b) In identifying priority streams under par. (a), the department shall give higher priority to those streams that are affected
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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by a federal or state program or plan that protects water quality or fish habitat. (c) The federal or state programs or plans under par. (b) include: 1. The conservation reserve program under 16 USC 3831 to 3836. 2. The land and resource management planning program under s. 92.10. 4. The soil and water resource management program under s. 92.14. 5. The nonpoint source pollution abatement grant program under s. 281.65. (2m) ACQUISITION OF LAND. For a stream identified as a priority stream under sub. (2), the department may acquire land adjacent to the stream by gift or devise or by purchase. Whenever possible, the land acquired shall include the area within at least 66 feet from either side of the stream. (3) STATE EASEMENTS. For a stream identified as a priority stream under sub. (2), the department may acquire a permanent stream bank easement from the owner of land adjacent to the priority stream by gift or devise or beginning July 1, 1990, by purchase. Whenever possible, the easement shall include the land within at least 66 feet from either side of the stream. (3g) ACQUISITION BY POLITICAL SUBDIVISION. A political subdivision may acquire by gift, devise or purchase land adjacent to a stream identified as a priority stream under sub. (2) or acquire by gift, devise or purchase a permanent stream bank easement from the owner of the land. The department may make grants from the appropriation under s. 20.866 (2) (tz) to political subdivisions to purchase these lands and easements. The department may make grants under s. 23.096 from the appropriation under s. 20.866 (2) (ta) or (tz) or both. Whenever possible, the land or easement shall include the land within at least 66 feet from either side of the stream. (3m) LIMITS. Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50 percent of the acquisition costs for the land or the easement. (3r) RESTRICTION ON LAND AND EASEMENTS. A stream bank easement acquired under this section or under s. 23.096 shall prohibit all of the following and all of the following are prohibited on land acquired under this section or under s. 23.096: (a) Alteration of vegetative cover or other natural features unless the department specifically approves the alteration. (b) Planting or production of agricultural crops unless the department specifically approves the planting or production for wildlife management purposes. (c) Mowing, grazing or spraying the land with chemicals, except as necessary to comply with noxious weed control laws or to control pests on an emergency basis when such control is necessary to protect public health or unless the department specifically approves the mowing, grazing or spraying. (4) DONATIONS. (a) The department shall determine the value of land or an easement donated to the department for purposes of this section and for stream bank protection under s. 23.096. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used to acquire easements and land under this section and s. 23.096 for the same stream for which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations. (b) If the moneys allocated under par. (a) for release from the
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appropriation under s. 20.866 (2) (ta) to match a donation under par. (a) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. (5) OTHER REQUIREMENTS. A stream bank easement acquired under this section or s. 23.096 may require the landowner to seed the land subject to the easement at seeding rates determined by the department in order to establish and maintain perennial cover of either a grass-legume mixture or native grass for the term of the easement, or to plant trees on the land subject to the easement. (6) FENCING. Beginning July 1, 1990, the department shall pay the cost of purchasing and installing any fencing the department determines to be necessary to protect a priority stream identified under this section for which land or an easement has been acquired on or after August 9, 1989, under this section or s. 23.096. (7) STREAM WATCH PROGRAM. The department shall establish a stream watch program to encourage the volunteer activities of community and youth organizations to monitor and improve stream quality and to remove debris, including dead fish, from land adjacent to streams and other bodies of water. (8) APPROPRIATION. Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,000,000 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g) and for grants for this purpose under s. 23.096 in each fiscal year. History: 1989 a. 31; 1991 a. 39, 309; 1993 a. 16; 1995 a. 227, 349; 1997 a. 27; 1999 a. 9; 2001 a. 38, 104; 2007 a. 20; 2009 a. 28. Cross-reference: See also ch. NR 50, Wis. adm. code.
23.095 Protection of natural resources. (1) DEFINITIONS. In this section: (a) “Damage” means to commit a physical act that unreasonably destroys, molests, defaces, removes or wastes. (b) “Discharge” has the meaning given in s. 292.01 (3). (c) “Hazardous substance” has the meaning given in s. 285.01 (21). (1g) GENERAL PROHIBITION. No person may damage or attempt to damage any natural resource within the state. (1m) PROHIBITION ON DEPARTMENT LAND. (a) No person may damage or attempt to damage any natural resource or any archaeological feature located on state-owned lands that are under the supervision, management and control of the department except as authorized by the department. (b) Paragraph (a) does not apply to state-owned lands that are beds of navigable waters. (2m) PROHIBITION ON LAND IN KICKAPOO VALLEY RESERVE. No person may damage or attempt to damage any natural resource or archaeological feature located in the Kickapoo valley reserve under s. 41.41 (2). (3) PENALTIES. (a) Any person who violates sub. (1g) shall forfeit not more than $100. (b) Except as provided in pars. (c) and (d), any person who violates sub. (1m) or (2m) shall forfeit not more than $200. (c) If a person violates sub. (1m) or (2m) and the violation in-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
23.095
CONSERVATION
volves damaging or attempting to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27 (1) (h), the person shall forfeit not more than $2,000. (d) 1. Except as provided in subds. 2. and 3., if a person violates sub. (1m) or (2m) and the violation involves damaging or attempting to damage an archaeological feature, the person shall forfeit not less than $100 nor more than $10,000. 2. Except as provided in subd. 3., if a person violates sub. (1m) or (2m) and the violation involves intentionally damaging or intentionally attempting to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both. 3. If a person violates sub. (2m) and the violation involves intentionally damaging or attempting to damage an archaeological feature in the pursuit of commercial gain, the person shall, in addition to the penalty imposed under subd. 2., be fined an amount 2 times the gross value gained or the gross loss caused by the violation, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. (4) EXCEPTIONS. (a) This section does not apply to any person upon whom liability is imposed under 42 USC 9607 (a) for injury to, destruction of or loss of natural resources within the state. (b) If a natural resource or archaeological feature is damaged by the discharge of a hazardous substance, this section does not apply to the person who caused the discharge unless the person who caused the discharge did so with the intent to damage the natural resource or archaeological feature or to any other person who possesses or controls the hazardous substance subsequent to the discharge. History: 1975 c. 365; 1995 a. 391; 1997 a. 35, 194. Cross-reference: See also s. NR 19.001, Wis. adm. code.
23.0951 Wildlife action plan. The department may prepare a state wildlife action plan that identifies which native wildlife species with low or declining populations are most at risk and provides guidance for activities to conserve those species. The plan may not require action by property owners or the department. The department may not require that the plan be used as guidance on official department forms. History: 2015 a. 358.
23.0953 Grants to counties for land acquisition. (1) In this section, “nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f). (2) (a) Beginning with fiscal year 2010-11 and ending with fiscal year 2025-26, the department shall establish a grant program under which the department may award a grant to a county for any of the following: 1. Acquisition of land for a county forest under s. 28.11. 2. Acquisition of land for a project that promotes naturebased outdoor recreation or conservation and for which the department is requesting the county’s assistance. (b) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta), and, for purposes of s. 23.0917, shall be treated as moneys obligated from the subprogram under s. 23.0917 (3). (3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs. (4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was
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awarded unless the natural resources board approves the conversion. History: 2007 a. 20; 2019 a. 9; 2021 a. 58.
23.0955 Assistance to nonprofit conservation organizations. (1) In this section, “nonprofit conservation organization” means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the acquisition of property for conservation purposes and that is described in section 501 (c) (3) of the internal revenue code and is exempt from federal income tax under section 501 (a) of the internal revenue code. (2) (a) The department shall provide one grant of $75,000 in fiscal year 1996-97 to a nonstock, nonprofit corporation that is described under section 501 (c) (3) or (4) of the internal revenue code and organized in this state if the corporation meets all of the following requirements: 1. The corporation is exempt from taxation under section 501 (a) of the internal revenue code. 2. The corporation provides support to nonprofit conservation organizations. 3. The corporation has a board of directors whose members represent, to the greatest extent practicable, all geographic areas of the state and that has a majority of members who are representatives of nonprofit conservation organizations. 4. The corporation contributes $25,000 in funds to be used with the grant under this subsection. (am) Beginning in fiscal year 1997-98, the department may provide an annual grant to a nonstock, nonprofit corporation that meets all of the qualifications under par. (a). (b) A corporation receiving a grant under this subsection shall do all of the following, but shall emphasize the activities described in subds. 1. and 2.: 1. Assist in the establishment of nonprofit conservation organizations. 2. Provide technical assistance to nonprofit conservation organizations, especially in the areas of management, receiving federal tax exemptions, conservation easements and real estate transactions. 2m. Assist nonprofit conservation organizations in acquiring property for conservation purposes and in managing property acquired for conservation purposes. 3. Conduct conferences on the topics specified in subd. 2. 4. Acquire a property for conservation purposes where no other nonprofit conservation organization exists that is willing to assist or capable of effectively assisting in the transfer of the property or that can adequately manage the property after it is acquired. 5. For each fiscal year, prepare a report detailing the activities for which a grant under this section was expended, describing any property acquired by the corporation and explaining how the acquisition of that property furthers the goal of conservation in the state. Copies of the report shall be submitted to the department and to the legislature under s. 13.172 (2). (3) (a) During the period beginning on January 1, 2004, and ending on July 1, 2004, the department shall submit a comprehensive report describing the cost of, and accomplishments achieved by, activities funded with grants under this section, commencing with the grants provided in the 1999-2000 fiscal year. The report shall evaluate all of the following: 1. How grants under this section have furthered the goal of encouraging private resource conservation. 2. The extent to which grants under this section complement the resource conservation goals of the department.
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(b) The report shall contain a recommendation to the legislature on whether the grant program under this section should be continued, eliminated or revised. (c) The report shall be distributed to the speaker of the assembly and the president of the senate under s. 13.172 (3). History: 1993 a. 343 ss. 17, 19; 1995 a. 459; 1999 a. 9.
23.0956 Assistance for private conservation activities. (1) From the appropriation under s. 20.370 (5) (aw), the department shall provide one grant of $85,000 in each fiscal year, beginning with fiscal year 2000-01, to a nonstock, nonprofit corporation that is described under section 501 (c) (3) or (4) of the Internal Revenue Code and organized in this state if the corporation meets all of the following requirements: (a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code. (b) The corporation was created to accept and to utilize private contributions made to protect and enhance the state’s natural resources. (2) A corporation receiving a grant under sub. (1) shall use the grant to do all of the following: (a) Encourage private corporations and other private entities to undertake activities, including the contribution of money, that encourage management and restoration of the state’s endangered wild animals, wild plants and natural communities. (b) Encourage private corporations and other private entities to engage in land management practices that protect and preserve natural resources. (c) Provide grants to nonprofit and other groups to encourage education, restoration and management activities to enhance the state’s natural resources. History: 1999 a. 9.
23.0957 Annual grants to a nonstock, nonprofit corporation; urban land conservation. (1) In this section: (a) “Local governmental unit” has the meaning given in s. 23.09 (19) (a) 2. (b) “Interested group” means a community group, nonprofit organization or local governmental unit that is interested in acquiring urban land for urban forestry protection, water resource management, conservation, recreation or other urban open space purposes. (2) The department shall provide one grant of $75,000 in each fiscal year, to a nonstock, nonprofit corporation that meets all of the following requirements: (a) The corporation is organized in this state. (b) The corporation is described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code. (c) The corporation has a board of directors or an advisory council or both with members who represent one or more urban or urbanizing areas and who collectively have an interest or expertise in all of the following: 1. Nonprofit organizations. 2. Business. 3. Social services. 4. Land development. 5. Architecture. 6. Landscape architecture. 7. Conservation. (d) The corporation contributes $25,000 in funds annually to be used with the grant under this subsection. (3) A corporation receiving a grant under sub. (2) may use the
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grant for urban forest protection, water resource enhancement or other urban open space objectives and shall do all of the following with the grant: (a) Provide to interested groups technical assistance, especially in the areas of urban open space real estate transactions, reclaiming and restoring the natural values of urban parks, urban forests and open space areas, designing and constructing amenities in open space areas, cultivating citizen participation in acquiring, developing and maintaining open space areas and securing public financing for open space areas. (b) Conduct conferences on the topics listed in par. (a). (c) Assist community groups, nonprofit organizations and local governmental units in acquiring urban property for open space purposes and in restoring urban property acquired for conservation, recreation and other open space purposes. (d) For each fiscal year, prepare a report detailing the activities for which a grant under sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate. (4) A corporation receiving a grant under sub. (2) may acquire urban property for conservation, recreation and other open space purposes. History: 1999 a. 9; 2001 a. 16; 2021 a. 239.
23.096 Grants to nonprofit conservation organizations. (1) In this section: (ag) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (b) “Property” means land or an interest in land. (2) (a) The department may award grants from the appropriation under s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19), (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293, 30.24 and 30.277. (b) Except as provided in sub. (2m), a grant awarded under this section may not exceed 50 percent of the acquisition costs of the property. (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 202526, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply: (a) That the property is uniquely valuable in conserving the natural resources of the state. (b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible. (c) That sufficient bonding authority remains in the amount set aside under s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under sub. (2) (b). (3) In order to receive a grant under this section, the nonprofit conservation organization shall enter into a contract with the department that contains all of the following provisions: (a) Standards for the management of the property to be acquired. (b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt. (bn) A prohibition against property acquired in fee simple being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
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CONSERVATION
(c) A clause that any subsequent sale or transfer of the property to be acquired is subject to subs. (4) and (5). (4) (a) The nonprofit conservation organization may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the organization if all of the following apply: 1. The department approves the subsequent sale or transfer. 2. The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under sub. (3). (b) The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer. (5) If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state. (6) The instrument conveying the property to the nonprofit conservation organization shall state the interest of the state under sub. (5). The contract entered into under sub. (3) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located. History: 1989 a. 31; 1991 a. 309; 1993 a. 343; 1997 a. 27; 1999 a. 9; 2007 a. 20; 2019 a. 9; 2021 a. 58.
23.0962 Grant to a nonprofit conservation organization for Black Point Estate. (1) If the department of administration acquires as a gift the property, known as Black Point Estate, that is located on Lake Geneva in the county of Walworth, town of Linn, in fractional Sec. 8, T. 1 N., R. 17 E., and if the joint committee on finance approves the gift under s. 20.907 (1), the department of natural resources shall make a grant of $1,800,000, from the appropriation under s. 20.370 (5) (cq), to a nonprofit conservation organization that meets all of the following requirements: (a) The nonprofit conservation organization is a nonprofit corporation, a charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal tax under section 501 (a) of the Internal Revenue Code. (b) The nonprofit conservation organization has, as its primary purpose, the preservation of the property known as Black Point Estate. (c) The nonprofit conservation organization has a board of directors that consists of representatives of the state, of the family who donated Black Point Estate to the state, of local units of government that have an interest in Black Point Estate and of civic organizations that have an interest in Black Point Estate. (d) The nonprofit conservation organization acquires a conservation easement in the property, the terms of which are subject to approval of the department of natural resources, to be held by the organization for the purpose of preserving Black Point Estate. (e) The nonprofit conservation organization makes a commitment, with guarantees determined to be adequate by the department of natural resources, to use the grant under this section and any additional funds donated to the organization to fund an endowment for the operation and maintenance of Black Point Estate. (2) If the nonprofit conservation organization does not use the grant under this section in the manner required under sub. (1) (e), the nonprofit conservation organization shall reimburse the department in an amount equal to the grant. (3) (a) In this subsection: 1. “Local governmental unit” means county or town. 2. “Special zoning permission” has the meaning given in s. 59.69 (15) (g).
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(b) Notwithstanding s. 18.04 (1) and (2), the building commission may authorize public debt to be contracted, and the department may make a grant from the appropriation under s. 20.370 (5) (cq), for the property known as Black Point Estate only if all of the following apply: 1. A substantially completed application for any necessary special zoning permission for the property has been submitted before December 1, 1999, to the applicable local governmental unit. 2. The necessary special zoning permission, based on the application submitted before December 1, 1999, is granted. History: 1997 a. 27; 1999 a. 9.
23.0963 Acquisition of the Canadian Pacific Railway corridor. From the appropriation under s. 20.866 (2) (ta) and subject to s. 23.0917 (5g) (d) 2. b., the department shall use the amount necessary, but not more than $1,000,000, to acquire the railway corridor known as the Canadian Pacific Railway corridor in Racine County, beginning at approximately Vandenboom Road in the town of Dover and extending northeast approximately 13 miles to CTH “H” in the village of Sturtevant. History: 2017 a. 59.
23.0965 Payments to Ducks Unlimited, Inc. (1) The department of natural resources shall enter into an agreement with Ducks Unlimited, Inc., to make payments from the appropriation under s. 20.370 (5) (au) to Ducks Unlimited, Inc., to fund its conservation efforts in the United States, Canada and Mexico. (2) The agreement under sub. (1) shall require that Ducks Unlimited, Inc., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under sub. (1), prepared in accordance with generally accepted accounting principles. (3) Payments to Ducks Unlimited, Inc., under sub. (1) shall be discontinued by the department if Ducks Unlimited, Inc., dissolves or is no longer exempt from taxation under section 501 (c) of the Internal Revenue Code. History: 1999 a. 92.
23.097 Urban forestry grants. (1) In this section, a “nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. (1g) The department shall award grants to counties, cities, villages, towns, and nonprofit organizations for up to 50 percent of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects. (1r) In addition to the grants awarded under sub. (1g), the department may award grants to counties, cities, village, towns, nonprofit organizations, and federally recognized Indian tribes or bands that apply for the grants for the costs of removing, saving, and replacing trees that have been damaged by catastrophic storm events in urban areas. To be eligible for a grant under this subsection, the damage must have occurred in an area for which the governor has designated a state of emergency due to a catastrophic storm event. The department shall notify each applicant for a grant under this subsection as to whether the application for the grant will be approved or denied within 60 days after the date the application is submitted to the department. A recipient of a grant awarded under this subsection is exempt from having to pay any percentage of the costs in order to receive the grant. Cross-reference: See also s. NR 47.950, Wis. adm. code.
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(2) The department shall promulgate rules establishing criteria for awarding grants under this section. History: 1991 a. 39, 269; 1993 a. 213; 2001 a. 16; 2007 a. 13; 2013 a. 173. Cross-reference: See also s. NR 47.50, Wis. adm. code.
23.098 Grants for property development on properties owned by the department. (1) In this section: (ag) “Department property” means an area of real property that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in s. 23.09 (2) (d). (b) “Friends group” means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code that is organized to raise funds for a department property. (c) “Nonprofit conservation organization” has the meaning given in s. 23.0955 (1). (2) The department shall establish a program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than $500,000 in each fiscal year for these grants. (3) The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants. (4) (a) The department shall periodically prepare a list of projects on department properties that are eligible for grants under this section and shall include in the list the estimated cost of each project. (am) In awarding grants under this section for eligible projects, the department shall establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations. (b) The department may not encumber more than $20,000 for grants under this section for a department property in each fiscal year. (5) Each friends group and nonprofit conservation organization receiving a grant under this section shall provide matching funds that are equal to at least 50 percent of the cost of the project for which a grant is being provided. (6) For purposes of s. 23.0915 (1), moneys encumbered or expended for grants under this section shall be treated as moneys encumbered or expended for general property development. History: 1991 a. 39; 1993 a. 461; 1997 a. 313; 1999 a. 9; 2021 a. 58.
23.099 Grants for property development relating to wetland mitigation. (1) In this section: (a) “Department land” has the meaning given under s. 281.37 (1) (a). (b) “Nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. (2) The department shall establish a program to make grants from the appropriation under s. 20.866 (2) (ta) to nonprofit organizations for property development activities relating to wetlands created, restored, or enhanced under a wetland mitigation grant under s. 281.37 on department land. Property development activities for which a grant under this section may be awarded include those that increase public access to, awareness about, or recreational use of the new, restored, or enhanced wetland, or that improve habitat in, on, or near, the new, restored, or enhanced wetland.
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(3) A nonprofit organization that applies for a grant under this section shall submit the application at the same time that it submits an application for a grant under s. 281.37. The department shall make its determination with respect to both grants at the same time, and may only award a grant under this section if it also awards a grant under s. 281.37. (4) A grant awarded under this section may not exceed 10 percent of the amount of the related grant awarded under s. 281.37. The department may not issue the grant funding under this section to the grantee until the grantee has certified that the project funded by the grant under s. 281.37 is complete. History: 2017 a. 183.