AB40: Bill Text

AB40, s. 818 Section 818. 23.09 (3) (b) of the statutes is amended to read:

AB40,455,6 23.09 (3) (b) If the department and the board of regents Board of Trustees of the University of Wisconsin System Wisconsin-Madison enter into an agreement to create a faculty position at the University of Wisconsin-Madison for a forest landscape ecologist, the department and the University of Wisconsin-Madison shall develop an annual work plan for the ecologist. In developing the annual work plan, the department shall consult with the council on forestry.

AB40, s. 819 Section 819. 23.09 (10) of the statutes is amended to read:

AB40,455,18 23.09 (10) Conservation easements and rights in property. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department, subject to the limitations under s. 23.0917 (8m), may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired.

AB40, s. 820 Section 820. 23.09 (19) (cg) of the statutes is amended to read:

AB40,455,23 23.09 (19) (cg) The Subject to the limitations under s. 23.0917 (8m), the department may award grants from the appropriation under s. 20.866 (2) (ta) for the acquisition of land or rights in land for urban green space under this subsection only for the purposes of nature-based outdoor recreation.

AB40, s. 821 Section 821. 23.09 (20) (am) of the statutes is amended to read:

AB40,456,10 23.09 (20) (am) Any governmental unit may apply for state aids for the acquisition and development of recreational lands and rights in lands. State aids under this subsection that are expended from the appropriation under s. 20.866 (2) (ta) may only be used for nature-based outdoor recreation. Acquisition of land or rights in land using state aids awarded under this subsection are subject to the limitations under s. 23.0917 (8m). State aids received by a municipality shall be used for the development of its park system in accordance with priorities based on comprehensive plans submitted with the application and consistent with the outdoor recreation program under s. 23.30. An application under this subsection shall be made in the manner the department prescribes.

AB40, s. 822 Section 822. 23.09 (20m) (c) of the statutes is created to read:

AB40,456,14 23.09 (20m) (c) Beginning with fiscal year 2011-12, the department may not obligate any moneys from the appropriation under s. 20.866 (2) (ta) for grants under this subsection.

AB40, s. 823 Section 823. 23.0916 (1) (am) of the statutes is created to read:

AB40,456,19 23.0916 (1) (am) "Local governmental unit" means a city, a village, a town, a county, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB40, s. 824 Section 824. 23.0916 (1) (bg) of the statutes is created to read:

AB40,456,21 23.0916 (1) (bg) "State agency" has the meaning given in s. 16.004 (12) (a).

AB40, s. 825 Section 825. 23.0916 (2) (a) of the statutes is amended to read:

AB40,457,2 23.0916 (2) (a) Earlier acquisitions. Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after October 27, 2007 , and before the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40, s. 826 Section 826. 23.0916 (2) (am) of the statutes is created to read:

AB40,457,8 23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40, s. 827 Section 827. 23.0916 (2) (b) (intro.) of the statutes is amended to read:

AB40,457,14 23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) The Except as provided in par. (c), the person receiving the a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities, only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40, s. 828 Section 828. 23.0916 (2) (c) of the statutes is created to read:

AB40,457,20 23.0916 (2) (c) Authority to prohibit access; later acquisitions. For acquisitions of land or easements that are not for state trails or the ice age trail the person receiving a stewardship grant subject to par. (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40,457,21 1. Protect public safety.

AB40,457,22 2. Protect a unique animal or plant community.

AB40, s. 829 Section 829. 23.0916 (3) (a) (title) of the statutes is created to read:

AB40,457,24 23.0916 (3) (a) (title) All acquisitions.

AB40, s. 830 Section 830. 23.0916 (3) (b) (intro.), 1., 2., and 3. of the statutes are consolidated, renumbered 23.0916 (3) (b) and amended to read:

AB40,458,14 23.0916 (3) (b) Authority to prohibit access; earlier acquisitions; trails. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect protect public safety. 2. Protect, protect a unique animal or plant community. 3. Accommodate, or accommodate usership patterns, as defined by rule by the department. This paragraph applies to all acquisitions of land in fee simple and easements on former managed forest land that occur on former managed forest land before the effective date of this paragraph .... [LRB inserts date], and to the acquisition of easements on former managed forest land for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40, s. 831 Section 831. 23.0916 (3) (c) of the statutes is created to read:

AB40,458,23 23.0916 (3) (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40, s. 832 Section 832. 23.0916 (4) of the statutes is amended to read:

AB40,459,3 23.0916 (4) Fish and game refuges. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (am) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.

AB40, s. 833 Section 833. 23.0916 (5) (a) of the statutes is amended to read:

AB40,459,8 23.0916 (5) (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (am) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917.

AB40, s. 834 Section 834. 23.0916 (5) (b) of the statutes is amended to read:

AB40,459,11 23.0916 (5) (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c).

AB40, s. 835 Section 835. 23.0917 (1) (cm) of the statutes is created to read:

AB40,459,16 23.0917 (1) (cm) "Forestry easement" means a conservation easement that includes all of the development rights in the land and that imposes an obligation on the owner of the land to ensure that the land is managed using sustainable forestry practices to produce forest products.

AB40, s. 836 Section 836. 23.0917 (4) (b) 3. of the statutes is amended to read:

AB40,459,20 23.0917 (4) (b) 3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096. Beginning with fiscal year 2011-12, the department may not obligate moneys for such grants.

AB40, s. 837 Section 837. 23.0917 (5t) of the statutes is created to read:

AB40,460,7 23.0917 (5t) Local governmental resolutions. Each city, village, town, or county shall adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification to each city, village, town, or county that is required to adopt a resolution. Within 30 days after receiving the notification, the city, village, town, or county shall adopt the resolution and shall provide the department with a copy of the resolution. If the department receives the copy within this time period, the department may not approve or deny the proposed acquisition until it takes the resolution into consideration. This paragraph does not apply to proposed acquisitions of forestry easements.

AB40, s. 838 Section 838. 23.0917 (6m) (c) of the statutes is amended to read:

AB40,460,11 23.0917 (6m) (c) The procedures under pars. (a) and (b) apply only to an amount for a project or activity that exceeds $750,000 $250,000, except as provided in pars. (d) and (dm).

AB40, s. 839 Section 839. 23.0917 (6m) (dm) (intro.) of the statutes is amended to read:

AB40,460,15 23.0917 (6m) (dm) (intro.) The procedures under pars. (a) and (b) apply to an amount for a project or activity that is less than or equal to $750,000 $250,000 if all of the following apply:

AB40, s. 840 Section 840. 23.0917 (6m) (dm) 1. of the statutes is amended to read:

AB40,460,21 23.0917 (6m) (dm) 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000 $250,000.

AB40, s. 841 Section 841. 23.0917 (7) (b) of the statutes is amended to read:

AB40,460,25 23.0917 (7) (b) For land that has been owned by the current owner for less than one year, the acquisition costs of the land shall equal the current fair market value of the land or the current owner's acquisition price, whichever is lower.

AB40, s. 842 Section 842. 23.0917 (7) (c) of the statutes is renumbered 23.0917 (7) (c) (intro.) and amended to read:

AB40,461,5 23.0917 (7) (c) (intro.) For land that has been owned by the current owner for one year or more but for less than 3 years, the acquisition costs of the land shall equal the lower of the following:

AB40,461,7 2. The sum of the current owner's acquisition price and the annual adjustment increase.

AB40, s. 843 Section 843. 23.0917 (7) (c) 1. of the statutes is created to read:

AB40,461,9 23.0917 (7) (c) 1. The current fair market value of the land.

AB40, s. 844 Section 844. 23.0917 (7) (d) (intro.) of the statutes is amended to read:

AB40,461,13 23.0917 (7) (d) (intro.) For purposes of par. (c) 2., the annual adjustment increase shall be calculated by multiplying the current owner's acquisition price by 5% and by then multiplying that product by one of the following numbers:

AB40, s. 845 Section 845. 23.0917 (7) (e) 1. of the statutes is amended to read:

AB40,462,4 23.0917 (7) (e) 1. For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or, state aid, or other funding to a governmental unit or nonprofit conservation organization under s. 23.09 (19), (20), or (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (2), or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the current fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta).

AB40, s. 846 Section 846. 23.0917 (7) (e) 2. of the statutes is amended to read:

AB40,462,7 23.0917 (7) (e) 2. Subdivision 1. does not apply if the current fair market value of the land is estimated by the department to be $350,000 or less.

AB40, s. 847 Section 847. 23.0917 (7) (f) 2. of the statutes is amended to read:

AB40,462,16 23.0917 (7) (f) 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the current fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

AB40, s. 848 Section 848. 23.0917 (8m) of the statutes is created to read:

AB40,462,21 23.0917 (8m) Limitations on acquisitions. (a) Beginning with fiscal year 2011-12, in obligating moneys from the appropriation under s. 20.866 (2) (ta), the department may obligate moneys only for the acquisition of land in fee simple and for the acquisition of a right or interest in land that is one of the following:

AB40,462,25 1. An easement that is necessary to provide the public access to land or a body of water that is required to be open to the public for which there is no other public access or for which public access is limited to the degree that a major amount of one or more nature-based outdoor activities is not allowed.

AB40,463,1 2. An easement for a state trail or the ice age trail.

AB40,463,2 3. A forestry easement.

AB40,463,4 (b) An easement acquired under par. (a) 1. or 2. may not be more than 5 acres in size.

AB40, s. 849 Section 849. 23.092 (3) of the statutes is amended to read:

AB40,463,9 23.092 (3) The department may acquire land and easements for habitat areas by gift or devise or beginning on July 1, 1990, by purchase. The department may acquire land for habitat areas by gift, devise or purchase, subject to the limitations under s. 23.0917 (8m).

AB40, s. 850 Section 850. 23.094 (5m) of the statutes is created to read:

AB40,463,12 23.094 (5m) Limitation on acquisitions. Acquisitions of land and easements under this section are subject to the limitations under s. 23.0917 (8m).

AB40, s. 851 Section 851. 23.0953 (2) (a) 1. of the statutes is amended to read:

AB40,463,15 23.0953 (2) (a) 1. Acquisition of land or easements for a county forest under s. 28.11.

AB40, s. 852 Section 852. 23.0953 (2) (a) 2. of the statutes is amended to read:

AB40,463,19 23.0953 (2) (a) 2. Acquisition of land or easements for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county's assistance.

AB40, s. 853 Section 853. 23.0953 (2) (am) of the statutes is created to read:

AB40,463,22 23.0953 (2) (am) Land and easements acquired with a grant under this section are subject to the limitations under s. 23.0917 (8m).

AB40, s. 854 Section 854. 23.0953 (4) of the statutes is amended to read:

AB40,464,3 23.0953 (4) A county may not convert the land, or any rights in the such land, or an easement that is acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

AB40, s. 855 Section 855. 23.096 (2) (a) of the statutes is amended to read:

AB40,464,9 23.096 (2) (a) The Subject to the limitations under s. 23.0917 (8m), the department may award grants from the appropriation under s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property land for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19), (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293, 30.24 and 30.277.

AB40, s. 856 Section 856. 23.15 (1) of the statutes is amended to read:

AB40,464,16 23.15 (1) The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources, except central or district office facilities, when the natural resources board determines that said the lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB40, s. 857 Section 857. 23.167 (2) (intro.) of the statutes is amended to read:

AB40,464,20 23.167 (2) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40, s. 858 Section 858. 23.169 (title) of the statutes is amended to read:

AB40,464,23 23.169 (title) Economic development assistance coordination and reporting.