2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 278
November 13, 2013 - Offered by Representative Bewley.
1An Act to renumber
77.83 (2) (a); to renumber and amend
77.83 (2) (b); to
77.83 (4) (a); and to create
77.83 (2) (ad), 77.83 (2) (b) 3., 77.83 (2) (b) 3
3m. and 77.83 (2) (b) 4. of the statutes; relating to: public access to open
4managed forest land near certain mining sites.
Analysis by the Legislative Reference Bureau
Under the Managed Forest Land (MFL) Program, the owner of land that meets
certain requirements as to size and the amount of timber on the land may apply to
have the Department of Natural Resources (DNR) designate the land as MFL. The
owner of such land then makes an annual payment that is lower than, and in lieu
of, the property taxes that normally would be payable on the land. In exchange, the
owner must comply with certain forestry practices and may keep a specific area
closed to public access. The remainder of the land must be kept open for recreational
activities consisting of hunting, fishing, hiking, sight-seeing, and cross-country
skiing, with certain exceptions. Under current law, an owner may restrict public
access to open MFL within 300 feet of a commercial logging operation and may
prohibit the use of certain vehicles on open MFL.
This substitute amendment establishes additional conditions under which an
owner of open MFL may restrict public access. Under the substitute amendment,
these additional conditions apply only with respect to certain iron mining activities
such as bulk sampling. Bulk sampling is excavating in a potential mining site to
assess the quality and quantity of iron ore deposits and to collect and analyze data
to prepare an application for a mining permit.
This substitute amendment authorizes an owner of open MFL to restrict public
access to any area that is within 300 feet of an iron mining drilling site or bulk
sampling site or within 300 feet of a site where a well is being constructed by a person
conducting certain iron mining activities. The substitute amendment also allows
DNR to authorize an owner to restrict public access within a greater distance than
300 feet from a bulk sampling site during blasting activities if DNR, another state
agency, or the federal government determines that the restriction is necessary to
protect public safety.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
77.83 (2) (a) of the statutes is renumbered 77.83 (2) (ag).
77.83 (2) (ad) of the statutes is created to read:
(ad) In this subsection:
1. "Bulk sampling" has the meaning given in s. 295.41 (7).
2. "Drilling site" has the meaning given in s. 295.44 (1) (e).
77.83 (2) (b) of the statutes is renumbered 77.83 (2) (b) (intro.) and 7
amended to read:
(b) (intro.) An owner may restrict public access to any area of open 9
managed forest land which that
is within 300 feet of any of the following:
building or within 300 feet of a.
commercial logging operation that conforms to the management plan.
77.83 (2) (b) 3. of the statutes is created to read:
(b) 3. A drilling site operated by a person licensed to engage in 14
exploration under s. 295.44 (2).
77.83 (2) (b) 3m. of the statutes is created to read:
(b) 3m. A site where a well is located, or is being constructed, if the 2
well is located or being constructed by a person who has filed a bulk sampling plan 3
with the department under s. 295.45.
77.83 (2) (b) 4. of the statutes is created to read:
(b) 4. a. A site where bulk sampling is occurring in accordance with 6
a bulk sampling plan filed with the department under s. 295.45, except as provided 7
in subd. 4. b.
b. The department may authorize an owner to restrict public access within a 9
greater distance from a bulk sampling site than the distance specified in subd. 4. a. 10
if the owner restricts public access within the greater distance only when blasting 11
is occurring at the site and if the department, another state agency, or the federal 12
government has determined that restricting public access within the greater 13
distance is necessary to protect public safety.
77.83 (4) (a) of the statutes is amended to read:
(a) Any person who fails to comply with sub. (2) (a) (ag)
or any rule 16
promulgated under sub. (3) shall forfeit not more than $500.