23.196
23.196
Willow flowage project. 23.196(1)(a)
(a) "Total amount available" means the expenditure limit for the purpose of acquiring land under
s. 23.09 (2) (d) 11., as adjusted under
s. 23.0915 (2), less the total amount the department has expended, encumbered or otherwise committed for that purpose from the appropriation under
s. 20.866 (2) (tz) before July 1, 1996.
23.196(1)(b)
(b) "Willow flowage project" means the lands in the Willow flowage and surrounding lands in Oneida County that the department determines are necessary for the project.
23.196(2)(a)(a) The department may acquire and exchange lands for the establishment of the Willow flowage project. The priority and allocation requirements under
s. 23.09 (2dm) do not apply to any acquisition of land under this paragraph for which moneys appropriated under
s. 20.866 (2) (tz) are expended.
23.196(2)(b)
(b) For the purpose of establishing the Willow flowage project, the department may expend up to an amount equal to the total amount available for the purchase of land. For purposes of
ss. 23.09 (2q) and
23.0915 (1), moneys expended under this paragraph shall be treated as moneys expended for the lower Wisconsin state riverway acquisition.
23.196(2)(c)
(c) Section 23.15 does not apply to the exchange or other transfer of land by the department for the purpose of establishing the Willow flowage project.
23.197
23.197
Warren Knowles-Gaylord Nelson stewardship programs; specific projects or activities. 23.197(1)
(1)
Root River; multipurpose pathway. 23.197(1)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding to the city of Racine for a multipurpose pathway along the Root River. The amount provided by the department may not exceed the amount that equals the matching contribution for the pathway made by the city of Racine or $750,000, whichever is less.
23.197(1)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(2)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding to the city of Fort Atkinson for the restoration of a river wall along the Rock River. The amount provided by the department may not exceed the amount that equals the matching contribution made for the river wall by the city of Fort Atkinson or $96,500, whichever is less. The requirements for matching contributions under
s. 30.277 (5) shall apply.
23.197(2)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for urban river grants. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.197(3)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide the amount necessary for the development of a recreational area on Keyes Lake in Florence County, but the amount may not exceed $125,000.
23.197(3)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(3m)
(3m) Rib Mountain State Park. From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding in the amount of $50,000 to rebuild a chalet at Rib Mountain State Park. The department shall determine how the moneys being provided under this subsection will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for general property development. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.197(4)
(4) Grant for land acquisition and habitat restoration. 23.197(4)(a)1.
1. "Nonprofit organization" means 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 income tax under section
501 (a) of the Internal Revenue Code.
23.197(4)(b)
(b) From the appropriation under
s. 20.866 (2) (ta), the department may award a single grant of $20,000 to an organization that is not a nonprofit organization but that has entered into an agreement with a nonprofit organization in order to apply for the grant. The grant may be used for land acquisition for conservation or recreation purposes or for habitat restoration or both. For purposes of
s. 23.0917, moneys obligated for this grant shall be treated as moneys obligated under the subprogram for land acquisition.
23.197(4)(c)
(c) In order to receive the grant under this section, the nonprofit organization and the other organization who are parties to the agreement specified under
par. (b) shall enter into a contract with the department that contains conditions imposed by the department on the use of the grant, on any land acquired with moneys from the grant and on any transfer to a 3rd party of any such acquired land.
23.197(4)(d)
(d) Title to the land acquired with moneys from the grant under this section shall vest in the nonprofit organization. If the nonprofit organization or the other organization violates any essential provision of the contract entered into under
par. (c), title to the land shall vest in the state.
23.197(6)
(6) Sheboygan; riverfront park. From the appropriation under
s. 20.866 (2) (tz), the department shall provide $173,763 for the development and expansion of Workers Water Street Riverfront Park in the city of Sheboygan. For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes.
23.197 History
History: 1999 a. 9,
84.
23.198
23.198
Milwaukee Lakeshore State Park. 23.198(1)(a)(a) From the appropriation under
s. 20.866 (2) (ta), the department shall provide up to $1,500,000 for the development of a state park that will provide access to Lake Michigan in the city of Milwaukee. For purposes of
s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.198(1)(b)
(b) From the appropriation under
s. 20.866 (2) (tz), the department shall provide up to $500,000 for development of a state park as described in
par. (a). For purposes of
s. 23.0915 (1), moneys provided under this paragraph shall be treated as moneys expended for general property development.
23.198(2)(a)(a) The department shall expend the following amounts from the appropriation under
s. 20.370 (5) (cq) for the development of a state park as described in
sub. (1):
23.198(2)(a)1.
1. Up to $2,400,000 of the moneys appropriated from that appropriation for fiscal year 1999-2000.
23.198(2)(a)2.
2. Up to $2,000,000 of the moneys appropriated from that appropriation for fiscal year 2000-01.
23.198(2)(b)
(b) Of the amounts authorized for expenditure under
par. (a) 1., the department shall provide up to $400,000 to the Milwaukee Art Museum for the construction of a breakwater.
23.198(2)(c)
(c) Beginning on July 1, 2000, the department shall expend from the appropriation under
s. 20.370 (7) (fs) $1,000,000 for a state park as described in
sub. (1).
23.198 History
History: 1999 a. 9,
185.
23.20
23.20
Use of department gravel pits. The department may permit any town, county or state agency to obtain gravel, sand, fill dirt or other fill material needed for road purposes from any department-owned gravel pit or similar facility if this material is unavailable from private vendors within a reasonable distance of the worksite. The department may require environmental safeguards before permitting a town, county or state agency to obtain this material. The department shall charge a fee for this material commensurate with the fee charged by private vendors.
23.20 History
History: 1981 c. 131;
1985 a. 202.
23.23
23.23
Purple loosestrife. 23.23(1)(1) In this section, "purple loosestrife" means any nonnative member of the genus Lythrum.
23.23(2)
(2) The department shall make a reasonable effort to conduct research to determine alternative methods to contain and control purple loosestrife in the most environmentally sound manner.
23.23(3)(a)(a) The department shall make a reasonable effort to develop a statewide program to control purple loosestrife on both public and private lands, as provided in this subsection.
23.23(3)(b)
(b) The department shall make a reasonable effort to implement control and quarantine methods on public lands as soon as practicable. The department shall make a reasonable effort to employ the least environmentally harmful methods available that are effective, based on research conducted under
sub. (2).
23.23(3)(c)
(c) The department may conduct a pilot project using employees or other persons to engage in labor intensive efforts to control purple loosestrife on all public lands.
23.23(3)(d)
(d) The department shall request permission from private landowners to enter onto the land to control stands of purple loosestrife which significantly threaten environmental resources or which threaten to invade a nearby watershed or subwatershed. If the landowner denies the department permission to enter onto the land, the department may not enter the land but shall inform the landowner of the seminars available under
sub. (4) (c).
23.23(3)(e)
(e) The department may provide grants to other public agencies to allow the public agencies to control purple loosestrife on lands under their control.
23.23(4)(a)(a) The department shall make a reasonable effort to develop a statewide education program on the effects of purple loosestrife, as provided in this subsection.
23.23(4)(b)
(b) The department shall make a reasonable effort to educate the authorities in charge of the maintenance of all federal, state and county trunk highways and all forest and park land in this state on methods to identify and control purple loosestrife and multiflora rose. The department of transportation and all other authorities in charge of the maintenance of highways, forests and parks may cooperate with the department in efforts under this paragraph.
23.23(4)(c)
(c) The department shall make a reasonable effort to educate private landowners on methods to identify and control purple loosestrife. The department shall make a reasonable effort to conduct seminars periodically, at times determined by the department, to train private landowners in environmentally sound methods to identify and control purple loosestrife.
23.23 History
History: 1987 a. 41.
23.235(1)(1) In this section, "nuisance weeds" means any nonnative member of the genus Lythrum (purple loosestrife) or hybrids thereof and multiflora rose.
23.235(2)
(2) Except as provided in
sub. (3), no person may sell, offer for sale, distribute, plant or cultivate any nuisance weed or seeds thereof.
23.235(3)
(3) The department may conduct research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.
23.235(4)
(4) The department of natural resources shall make a reasonable effort to implement a statewide program for education, research, control and containment of purple loosestrife under
s. 23.23.
23.235(5)
(5) Any person who knowingly violates this section shall forfeit not more than $100. Each violation of this section is a separate offense.
23.235 History
History: 1987 a. 41;
1999 a. 150 s.
616; Stats. 1999 s. 23.235.
23.25
23.25
Geographic powers and duties. 23.25(1)(a)
(a) Determine the correct and most appropriate names of the lakes, streams, places and other geographic features in the state, and the spelling thereof;
23.25(1)(b)
(b) Pass upon and give names to lakes, streams, places and other geographic features in the state for which no single generally accepted name has been in use;
23.25(1)(c)
(c) In cooperation with county boards and with their approval, change the names of lakes, streams, places and other geographic features with the end in view of eliminating, as far as possible, duplication of names within the state;
23.25(1)(d)
(d) Prepare and publish an official state dictionary of geographic names and publish the same, either as a completed whole or in parts when ready;
23.25(1)(e)
(e) Serve as the state representative of the U.S. geographic board and cooperate with the said board to the end that there shall be no conflict between the state and federal designations of geographic features in the state.
23.25(2)
(2) Except as provided under
sub. (2m), whenever the department has given a name to any lake, stream, place or other geographic feature within the state, or determined the correct spelling of any such name, it shall be used on all maps and in all reports and other publications thereafter issued by the state or any of its political subdivisions, and it shall be the official name of the geographic feature.
23.25(2m)
(2m) Notwithstanding
subs. (1) and
(2), the portion of the Galena River located within the state is renamed the Fever River. That name shall be used on all maps and in all reports and other publications issued by the state or any of its political subdivisions on and after May 14, 1992, and it shall be the official name of this river.
23.25(3)
(3) No person shall in any advertisement or publication attempt to modify local usage or name unnamed geographic features without first obtaining the approval of the department. In case of a violation of this subsection, the department may announce its disapproval and thereafter adopt an official name for such feature.
23.25 History
History: 1991 a. 284.
23.26
23.26
Natural areas preservation council. The natural areas preservation council shall:
23.26(1)
(1) Make recommendations to the department concerning the suitability of natural areas offered as donations by individuals or organizations for inclusion in the state natural areas system, make recommendations to the department concerning the purchase of natural areas to be included in the state natural areas system and make recommendations concerning the suitability of natural areas offered as dedications by individuals or organizations for inclusion in the state natural areas system.
23.26(2)
(2) Make recommendations to appropriate federal agencies or national scientific organizations of natural areas in the state that are considered worthy to be listed as natural areas or scientific areas of national importance.
23.26(3)
(3) Advise the department and other agencies on matters pertaining to the acquisition, development, utilization, maintenance and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground or similar areas under state ownership or control.
23.26(4)
(4) Prepare and publish an official list of research natural and other natural areas in the state natural area system available for research and the teaching of conservation and natural history, and recommend publication of studies made in connection with these areas.
23.26(5)
(5) Cooperate with federal agencies, other states, counties or organizations concerned with preservation of natural areas.
23.26(6)
(6) Take such other action as is deemed advisable to facilitate the administration, development, maintenance or protection of natural areas and the state natural areas system.
23.26 History
History: 1985 a. 29; Stats. 1985 s. 23.26.
23.27
23.27
Natural areas; definitions; importance; inventory; acquisition; sales. 23.27(1)(a)
(a) "Council" means the natural areas preservation council.
23.27(1)(b)
(b) "Dedicated state natural areas" means land accepted and recorded for dedication under the Wisconsin natural areas heritage program as provided under
s. 23.29 (16).
23.27(1)(c)
(c) "Dedication" means the transfer of land or a permanent interest in land to the state of Wisconsin to be held in trust for the people of Wisconsin by the department in a manner which ensures the protection and stewardship of the area and natural values associated with the area. "Dedication" also means the binding unilateral declaration by the state that land under the ownership of the state is to be held in trust for the people of Wisconsin by the department in a manner which ensures the protection and stewardship of the area and natural values associated with the area.
23.27(1)(d)
(d) "Designated state natural area" means a natural area designated as a state natural area under
s. 23.28 (1).
23.27(1)(e)
(e) "Natural area" means an area of land or water which has educational or scientific value or is important as a reservoir of the state's genetic or biologic diversity and includes any buffer area necessary to protect the area's natural values. Frequently, "natural areas" are important as a reserve for native biotic communities. Frequently, "natural areas" provide habitat for endangered, threatened or critical species or for species of special concern to scientists. In some cases, "natural areas" include areas with highly significant geological or archaeological features. Generally, "natural areas" are areas which largely escaped unnatural environmental disturbance or which exhibit little evidence of recent environmental disturbance so that recovery of natural conditions has occurred.
