23.094(4)(a)(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. Beginning July 1, 1990, and 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) (tz) 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.
23.094(4)(b)
(b) If the moneys to be released to match a donation under
par. (a) will exceed the expenditure limit under
sub. (8) for a given fiscal year, as adjusted under
s. 23.0915 (2), the department shall release from the moneys appropriated under
s. 20.866 (2) (tz) the remaining amount available under the expenditure limit under
sub. (8), as adjusted under
s. 23.0915 (2), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under
s. 20.866 (2) (tz) an amount equal to the expenditure limit under
sub. (8) or to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.
23.094(5)
(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.
23.094(6)
(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.
23.094(7)
(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.
23.094(8)
(8) Appropriation. The costs of acquiring easements and land under this section or
s. 23.096 shall be paid from the appropriation under
s. 20.866 (2) (tz). Except as provided in
s. 23.0915 (2), the department may not expend 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. Of this amount, the department may not expend more than $300,000 in each fiscal year for grants under
sub. (3g) to cities, villages, towns and counties.
23.095
23.095
Protection of natural resources. 23.095(1)(a)
(a) "Damage" means to commit a physical act that unreasonably destroys, molests, defaces, removes or wastes.
23.095(1g)
(1g) General prohibition. No person may damage or attempt to damage any natural resource within the state.
23.095(1m)(a)(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.
23.095(1m)(b)
(b) Paragraph (a) does not apply to state-owned lands that are beds of navigable waters.
23.095(2m)
(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).
23.095(3)(a)(a) Any person who violates
sub. (1g) shall forfeit not more than $100.
23.095(3)(b)
(b) Except as provided in
pars. (c) and
(d), any person who violates
sub. (1m) or
(2m) shall forfeit not more than $200.
23.095(3)(c)
(c) If a person violates
sub. (1m) or
(2m) and the violation involves 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.
23.095(3)(d)1.1. 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.
23.095(3)(d)2.
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.
23.095(3)(d)3.
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.
23.095(4)(a)(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.
23.095(4)(b)
(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.
23.0955
23.0955
Assistance to nonprofit conservation organizations. 23.0955(1)(1) In this section and
s. 23.096, "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.
23.0955(2)(a)(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:
23.0955(2)(a)1.
1. The corporation is exempt from taxation under section
501 (a) of the internal revenue code.
23.0955(2)(a)2.
2. The corporation provides support to nonprofit conservation organizations.
23.0955(2)(a)3.
3. The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.
23.0955(2)(a)4.
4. The corporation contributes $25,000 in funds to be used with the grant under this subsection.
23.0955(2)(am)
(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).
23.0955(2)(b)
(b) A corporation receiving a grant under this subsection shall do all of the following:
23.0955(2)(b)1.
1. Assist in the establishment of nonprofit conservation organizations.
23.0955(2)(b)2.
2. Provide technical assistance to nonprofit conservation organizations, especially in the areas of management, receiving federal tax exemptions, conservation easements and real estate transactions.
23.0955 History
History: 1993 a. 343 ss.
17,
19;
1995 a. 459.
23.096
23.096
Grants to nonprofit conservation organizations. 23.096(1)(1) In this section, "property" means land or an interest in land.
23.096(3)
(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:
23.096(3)(a)
(a) Standards for the management of the property to be acquired.
23.096(3)(b)
(b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
23.096(3)(bn)
(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.
23.096(3)(c)
(c) A clause that any subsequent sale or transfer of the property to be acquired is subject to
subs. (4) and
(5).
23.096(4)(a)(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:
23.096(4)(a)1.
1. The department approves the subsequent sale or transfer.
23.096(4)(a)2.
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).
23.096(4)(b)
(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.
23.096(5)
(5) If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state.
23.096(6)
(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.
23.0962
23.0962
Grant to a nonprofit conservation organization for Black Point Estate. 23.0962(1)
(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:
23.0962(1)(a)
(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.
23.0962(1)(b)
(b) The nonprofit conservation organization has, as its primary purpose, the preservation of the property known as Black Point Estate.
23.0962(1)(c)
(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.
23.0962(1)(d)
(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.
23.0962(1)(e)
(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.
23.0962(2)
(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.
23.0962 History
History: 1997 a. 27.
23.097
23.097
Urban forestry grants. 23.097(1)
(1) The department shall award grants to cities and villages for up to 50% 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.
23.097(2)
(2) The department shall promulgate rules establishing criteria for awarding grants under this section.
23.097 History
History: 1991 a. 39,
269;
1993 a. 213.
23.098
23.098
Grants for property development on properties owned by the department. 23.098(1)(ag)
(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).
23.098(1)(b)
(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.
23.098(2)
(2) The department shall establish a program to expend from the appropriation under
s. 20.866 (2) (tz) moneys for grants to friends groups for projects for property development activities on department properties. The department may not encumber more than $200,000 in each fiscal year for these grants.
23.098(3)
(3) The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants.
23.098(4)(a)(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.
23.098(4)(b)
(b) The department may not encumber more than $20,000 for grants under this section for a department property in each fiscal year.
23.098(5)
(5) Each friends group receiving a grant under this section shall provide matching funds that are equal to 50% of the estimated cost of the project for which a grant is being provided.
23.098(6)
(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.
23.10
23.10
Conservation wardens. 23.10(1)
(1) The department of natural resources shall secure the enforcement of all laws which it is required to administer and bring, or cause to be brought, actions and proceedings in the name of the state for that purpose. The persons appointed by said department to exercise and perform the powers and duties heretofore conferred and imposed upon deputy fish and game wardens, shall be known as conservation wardens and shall be subject to
ch. 230.
23.10(2)
(2) Whenever the county board of any county by resolution authorizes the appointment of county conservation wardens, and fixes the number of the same, the chairperson of the county board, district attorney and county clerk, acting as a board of appointment, shall select the persons for such positions and certify their names to the department of natural resources which shall, if in its judgment such persons are competent and efficient, issue to them commissions as county conservation wardens. Such wardens have, within their county, all the powers and duties of conservation wardens. Their compensation shall be fixed by the county board in the resolution authorizing their appointment and be paid out of the county treasury.
23.10(4)
(4) All conservation wardens shall, before exercising any of their powers, be provided with a commission issued by the department of natural resources under its seal, substantially as follows:
State of Wisconsin
