1999 Wisconsin Act 9

(d) The county pays for the costs of processing the venison.

(e) The processed venison is donated as provided under sub. (4).

(4) Donations authorized. A county may donate the processed venison to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.

(5) Grants; amounts; funding. (a) Reimbursement under this section shall equal the amount that it costs a county to process the venison.

(b) The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance and wildlife damage claim payments under s. 29.889.

(c) If the total amount of reimbursable costs under par. (a) exceeds the amount available after making the deductions under par. (b), the department shall establish a system to prorate the reimbursement payments among the eligible counties.

(6) Tagging exemption. The requirement under s. 29.347 (2m) (a) that the tags remain with the deer carcass or venison does not apply to a deer carcass or venison that is subject to this section.

9,785d Section 785d. 29.936 (1) of the statutes is amended to read:

29.936 (1) Notwithstanding s. 29.06 29.934, the department may distribute for free carcasses from fish and game seized or confiscated under s. 29.05 29.931 that are suitable for eating to food distribution services, as defined in s. 46.765 (1) (b). The department may have the fish or game that is seized or confiscated processed before distributing that fish or game to food distribution services. The department may collect the costs of the processing of the fish or game from the person from whom the fish and game was seized or confiscated.

9,785dd Section 785dd. 30.01 (1n) of the statutes is created to read:

30.01 (1n) "Drain" has the meaning given in s. 88.01 (8).

9,785de Section 785de. 30.01 (1nm) of the statutes is created to read:

30.01 (1nm) "Duck Creek Drainage District" means Outagamie Drainage District No. 6 that is also known as the Duck Creek Drainage District and is located in Outagamie County.

9,785dh Section 785dh. 30.10 (2) of the statutes is amended to read:

30.10 (2) Streams. Except as provided under sub. (4) (c) and (d), all streams, sloughs, bayous and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge or other obstruction shall be made in or over the same without the permission of the state.

9,785dm Section 785dm. 30.10 (4) (d) of the statutes is created to read:

30.10 (4) (d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.

9,785dp Section 785dp. 30.12 (1) (intro.) of the statutes is amended to read:

30.12 (1) General prohibition. (intro.) Except as provided under sub. subs. (4) and (4m), unless a permit has been granted by the department pursuant to statute or the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful:

9,792 Section 792. 30.12 (4) (a) of the statutes is amended to read:

30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

9,792m Section 792m. 30.12 (4m) of the statutes is created to read:

30.12 (4m) Duck Creek Drainage District structures and deposits. Subsection (1) does not apply to a structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

(a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.

(b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

9,793p Section 793p. 30.1255 (4) of the statutes is created to read:

30.1255 (4) Educational activities. The department shall expend moneys in fiscal year 1999-2000 and in fiscal year 2000-01 to conduct activities that provide information and educational materials to the public regarding aquatic nuisance species. The amount expended under this subsection in each fiscal year may not exceed $25,000.

9,793q Section 793q. 30.1255 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,793t Section 793t. 30.134 of the statutes is created to read:

30.134 Use of exposed shore areas along streams. (1) Definitions. In this section:

(a) "Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.

(b) "Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.

(c) "Highway" has the meaning given in s. 340.01 (22).

(d) "Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.

(e) "Water-related recreational activity" means a recreational activity that requires a body of water and includes swimming, fishing and boating.

(2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity.

(3) Restrictions; members of public. (a) In engaging in a water-related recreational activity in the exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following:

1. Use a motorized vehicle unless an exception under s. 30.29 (3) applies.

2. Place a structure or object on the exposed shore area that remains after the person leaves the exposed shore area.

3. Cut or remove trees or woody vegetation.

4. Remove or damage soils or plants.

5. Remove or damage any object that was placed on the exposed shore area by the riparian.

6. Camp overnight.

7. Enter the exposed shore area except from the water in the stream, from a point of public access on the stream or with the permission of the riparian.

(b) Paragraph (a) 4. and 5. does not apply to removal or damage that is caused by normal wear or tear.

(c) Use of an exposed shore area of a stream by members of the public does not grant an easement or other right to the exposed shore area that is greater than the right granted to the public under this section.

(4) Restrictions; riparians; others. (a) No riparian may prohibit a member of the public from using, as authorized under this section, an exposed shore area of a stream.

(b) No riparian may charge a fee for the use, as authorized under this section, of an exposed shore area of a stream.

(c) No person may obstruct a highway with the intention to impede or prohibit access by the public to an exposed shore area of a stream.

(5) Exceptions. The right granted to the public to engage in recreational activities on an exposed shore area of a stream does not apply to any of the following:

(a) An exposed shore area of an impoundment on a stream.

(b) Any artificial ditch.

(c) Any location on a stream where there is no surface water flowing in the stream.

9,802mg Section 802mg. 30.20 (1) (b) of the statutes is amended to read:

30.20 (1) (b) Except as provided under par. pars. (c) and (d), no person may remove any material from the bed of any lake or stream not mentioned under par. (a) without first obtaining a permit from the department under sub. (2) (c).

9,802mr Section 802mr. 30.20 (1) (d) of the statutes is created to read:

30.20 (1) (d) The drainage board for the Duck Creek Drainage District may without a permit under sub. (2) (c) remove material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

9,847g Section 847g. 30.24 of the statutes is created to read:

30.24 Bluff protection. (1) Definitions. In this section:

(a) "Obligate" has the meaning given in s. 23.0917 (1) (e).

(b) "Protect" includes to restore.

(2) Authorization. For the purposes of protecting bluff land, the department may expend money from the appropriation under s. 20.866 (2) (ta) for a program under which the department may do all of the following:

(a) Acquire bluff land or interests in bluff land along the Great Lakes.

(b) Award grants to nonprofit conservation organizations to acquire these lands or interests under s. 23.096.

(3) Ban on location restrictions. In exercising its authority under sub. (2) (a), the department may not limit acquisitions of bluff lands to bluff lands that are within the boundaries of projects established by the department.

(4) Limit on grants. A grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.

(5) Rules. The department shall promulgate rules to administer and implement this section, including standards for awarding grants to protect bluffs under this section and under s. 23.096 grants. The department by rule shall define "bluff land" for purposes of this section.

9,847L Section 847L. 30.277 (1) of the statutes is renumbered 30.277 (1m) (a) and amended to read:

30.277 (1m) (a) Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to municipalities governmental units to assist municipalities them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under s. 20.866 (2) (ta) beginning on July 1, 2000.

(b) For each fiscal year, except as provided in s. 23.0915 (1r) (c), from the appropriation under s. 20.866 (2) (tz), the department shall designate for expenditure $1,900,000 for grants under this section and for grants under s. 23.096 for the purposes under sub. (2) (a). This paragraph does not apply after June 30, 2000.

9,847m Section 847m. 30.277 (1b) of the statutes is created to read:

30.277 (1b) Definition. In this section:

(a) "Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.

(b) "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

9,847n Section 847n. 30.277 (2) (a) of the statutes is amended to read:

30.277 (2) (a) Grants awarded under this section from the appropriation under s. 20.866 (2) (tz) shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.

9,847o Section 847o. 30.277 (2) (b) of the statutes is amended to read:

30.277 (2) (b) A grant awarded to a municipality governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, "land" includes rights in land.

9,847p Section 847p. 30.277 (2) (c) of the statutes is created to read:

30.277 (2) (c) Grants awarded under this section from the appropriation under s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.

9,847q Section 847q. 30.277 (3) (e) of the statutes is amended to read:

30.277 (3) (e) Whether significant planning has occurred in the municipality area subject to the jurisdiction of the governmental unit prior to its request for a grant under this section.

9,847r Section 847r. 30.277 (3) (f) of the statutes is amended to read:

30.277 (3) (f) The level of support for the project demonstrated by the municipality governmental unit, including financial support.

9,847s Section 847s. 30.277 (3) (g) of the statutes is amended to read:

30.277 (3) (g) Whether the project involves a joint effort by 2 or more municipalities governmental units.

9,847t Section 847t. 30.277 (3) (h) of the statutes is amended to read:

30.277 (3) (h) The potential benefits of the project to the overall economy of the municipality area subject to the jurisdiction of the governmental unit.

9,847u Section 847u. 30.277 (4) of the statutes is amended to read: