2003 - 2004 LEGISLATURE
October 23, 2003 - Introduced by Representatives J. Wood, Suder, Musser,
LeMahieu, Gronemus, Owens, Hines, Petrowski, Ainsworth and Lothian.
Referred to Committee on Natural Resources.
1An Act to amend
23.09 (2) (d) (intro.), 23.09 (10), 23.09 (13), 23.091 (1), 23.0917 2
(3) (a), 23.0917 (4m) (i), 23.092 (3), 23.094 (2m), 23.11 (2), 23.17 (4), 23.196 (2) 3
(a), 23.27 (4), 23.27 (5), 27.01 (1), 27.01 (2) (a), 28.02 (2) and 29.617; and to
23.145 of the statutes; relating to: limiting the numbers of acres under
5the jurisdiction of the Department of Natural Resources.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) may purchase
land for various purposes related to their statutory responsibilities, including for
state parks, state forests, public hunting grounds, public fishing waters, fish
hatcheries, game farms, state recreation areas, stream preservation, conservation
easements, and natural areas.
This bill limits the amount of land that is owned by the state and under the
jurisdiction of DNR for these purposes to the amount of land under DNR's
jurisdiction on the first day of the sixth month after this bill becomes law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB607, s. 1
23.09 (2) (d) (intro.) of the statutes is amended to read:
(d) Lands, acquisition.
(intro.) Acquire Subject to s. 23.145, acquire 3
by purchase, lease or agreement, and receive by gifts or devise, lands or waters 4
suitable for the purposes enumerated in this paragraph, and maintain such lands 5
and waters for such purposes; and may condemn lands or waters suitable for such 6
purposes after obtaining approval of the appropriate standing committees of each 7
house of the legislature as determined by the presiding officer thereof:
AB607, s. 2
23.09 (10) of the statutes is amended to read:
23.09 (10) Conservation easements and rights in property.
Confirming all the 10
powers hereinabove granted to the department and in furtherance thereof, the 11
department may, subject to s. 23.145,
acquire any and all easements in the 12
furtherance of public rights, including the right of access and use of lands and waters 13
for hunting and fishing and the enjoyment of scenic beauty, together with the right 14
to acquire all negative easements, restrictive covenants, covenants running with the 15
land, and all rights for use of property of any nature whatsoever, however 16
denominated, which may be lawfully acquired for the benefit of the public. The 17
department also may grant leases and easements to properties and other lands 18
under its management and control under such covenants as will preserve and protect 19
such properties and lands for the purposes for which they were acquired.
AB607, s. 3
23.09 (13) of the statutes is amended to read:
23.09 (13) Bong Air Base.
The department may, subject to s. 23.145,
by gift, purchase or otherwise the federally-owned
improvements and appurtenances thereto within the Bong Air Base in Kenosha 24
County which may be disposed of by the federal government to be used by the 25
department for any of the purposes in sub. (2) (d). The department may establish
zones within the boundaries of the Bong air base Air Base
which offer a wide range 2
of variable opportunities for active outdoor recreation consistent with sub. (2) (d) and 3
may promulgate rules to control the activities within the zones.
AB607, s. 4
23.091 (1) of the statutes is amended to read:
23.091 (1) Designation.
The department may, subject to s. 23.145,
develop, operate and maintain state recreation areas. State lands and waters may 7
be designated as state recreation areas that are environmentally adaptable to 8
multiple recreational uses, or are so located to provide regional or urban recreational 9
opportunities or for preservation.
AB607, s. 5
23.0917 (3) (a) of the statutes is amended to read:
(a) Beginning with fiscal year 2000-01 and ending with fiscal year 12
2009-10, the department may, subject to s. 23.145,
obligate moneys under the 13
subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 14
(2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 15
23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).
AB607, s. 6
23.0917 (4m) (i) of the statutes is amended to read:
(i) Available moneys; uses.
The moneys made available for 18
expenditure under par. (g) or (h) 2. may, subject to s. 23.145,
be used by the 19
department to acquire land in the Baraboo Hills for conservation purposes and to 20
award grants to local governmental units and nonprofit conservation organizations.
AB607, s. 7
23.092 (3) of the statutes is amended to read:
The department may acquire easements for habitat areas by gift or 23
devise or beginning on July 1, 1990, by purchase. The department may, subject to
acquire land for habitat areas by gift, devise or purchase.
AB607, s. 8
23.094 (2m) of the statutes is amended to read:
23.094 (2m) Acquisition of land.
For a stream identified as a priority stream 2
under sub. (2), the department may, subject to s. 23.145,
acquire land adjacent to the 3
stream by gift or devise or by purchase. Whenever possible, the land acquired shall 4
include the area within at least 66 feet from either side of the stream.
AB607, s. 9
23.11 (2) of the statutes is amended to read:
Whenever any lands placed by law under the care and supervision of 7
the department are inaccessible because surrounded by lands belonging to 8
individuals or corporations, and whenever in the opinion of the department the 9
usefulness or value of such lands, whether so surrounded or not, will be increased 10
by access thereto over lands not belonging to the state, the department may, subject
11to s. 23.145,
acquire such lands as may be necessary to construct highways that will 12
furnish the needed access.
AB607, s. 10
23.145 of the statutes is created to read:
1423.145 Maximum acreage for state-owned land under the jurisdiction
15of the department. (1)
"Department property" means an area of real property that 16
is owned by the state, that is under the jurisdiction of the department, and that is 17
used for one of the purposes specified in s. 23.09 (2) (d).
The department may not acquire land for a department property if the 19
acquisition will result in the state owning more than the amount of acreage that is 20
department property on the effective date of this subsection .... [revisor inserts date].
AB607, s. 11
23.17 (4) of the statutes is amended to read:
23.17 (4) Powers of the department.
The department may, subject to s. 23.145, 23
acquire land for the ice age trail under s. 23.09 (2) (d) 10., and may develop the ice 24
age trail on lands under its ownership along the trail route.
AB607, s. 12
23.196 (2) (a) of the statutes is amended to read:
(a) The department may, subject to s. 23.145,
acquire and exchange 2
lands for the establishment of the Willow flowage project. The priority and allocation 3
requirements under s. 23.09 (2dm) do not apply to any acquisition of land under this 4
paragraph for which moneys appropriated under s. 20.866 (2) (tz) are expended.
AB607, s. 13
23.27 (4) of the statutes is amended to read:
23.27 (4) Natural areas land acquisition; continuing commitment.
It is the 7
intent of the legislature to continue natural areas land acquisition activities from 8
moneys available from the appropriations under ss. 20.370 (7) (fa) and 20.866 (2) (ta), 9
(ts) and (tz), subject to s. 23.145
. This commitment is separate from and in addition 10
to the commitment to acquire natural areas under the Wisconsin natural areas 11
heritage program. Except as provided in s. 23.0915 (2), the department may not 12
expend from the appropriation under s. 20.866 (2) (tz) more than $1,500,000 in each 13
fiscal year for natural areas land acquisition activities under this subsection and for 14
grants for this purpose under s. 23.096.
AB607, s. 14
23.27 (5) of the statutes is amended to read:
23.27 (5) Natural areas land acquisition; commitment under the Wisconsin
17natural areas heritage program.
It is the intent of the legislature to initiate 18
additional natural areas land acquisition activities with moneys available from the 19
appropriations under ss. 20.370 (1) (mg) and 20.866 (2) (ta), (tt) and (tz) under the 20
Wisconsin natural areas heritage program, subject to s. 23.145
. This commitment 21
is separate from and in addition to the continuing commitment under sub. (4). 22
Moneys available from the appropriations under ss. 20.370 (1) (mg) and 20.866 (2) 23
(ta), (tt) and (tz) under the Wisconsin natural areas heritage program may not be 24
used to acquire land through condemnation. The department may not acquire land 25
under this subsection unless the land is suitable for dedication under the Wisconsin
natural areas heritage program and upon purchase or as soon after purchase as 2
practicable the department shall take all necessary action to dedicate the land under 3
the Wisconsin natural areas heritage program. Except as provided in s. 23.0915 (2), 4
the department may not expend from the appropriation under s. 20.866 (2) (tz) more 5
than $500,000 in each fiscal year for natural areas land acquisition activities under 6
this subsection and for grants for this purpose under s. 23.096.
AB607, s. 15
27.01 (1) of the statutes is amended to read:
27.01 (1) Purpose.
It is declared to be the policy of the legislature, subject to
to acquire, improve, preserve and administer a system of areas to be known 10
as the state parks of Wisconsin. The purpose of the state parks is to provide areas 11
for public recreation and for public education in conservation and nature study. An 12
area may qualify as a state park by reason of its scenery, its plants and wildlife, or 13
its historical, archaeological or geological interest. The department shall be 14
responsible for the selection of a balanced system of state park areas and for the 15
acquisition, development and administration of the state parks. No admission 16
charge shall be made to any state park, except as provided in subs. (7) to (9).
AB607, s. 16
27.01 (2) (a) of the statutes is amended to read:
(a) Acquire by purchase, lease or agreement lands or waters suitable 19
for state park purposes and may, subject to s. 23.145,
acquire such lands and waters 20
by condemnation after obtaining approval of the senate and assembly committees on 21
AB607, s. 17
28.02 (2) of the statutes is amended to read:
28.02 (2) Acquisition.
The department may, subject to s. 23.145,
acquire lands 24
or interest in lands by grant, devise, gift, condemnation or purchase within the 25
boundaries of established state forests or purchase areas; and outside of such
boundaries for forest nurseries, tracts for forestry research or demonstration and for 2
forest protection structures, or for access to such properties. In the case of 3
condemnation the department shall first obtain approval from the appropriate 4
standing committees of each house of the legislature as determined by the presiding 5
AB607, s. 18
29.617 of the statutes is amended to read:
729.617 Public hunting and fishing grounds.
The department may, subject
8to s. 23.145,
acquire, lease, develop and maintain public hunting and fishing 9
grounds. The department may agree to adjust and pay damages arising from the 10
operation of public hunting or fishing grounds.