AB926: Bill Text

AB926,177,8 77.10 (2) (a) 1. Any owner of forest croplands may elect to withdraw all or any of such lands from under this subchapter, by filing with the department of natural resources agriculture, trade and consumer protection a declaration withdrawing from this subchapter any description owned by such person which he or she specified, and by payment by such owner to the department of natural resources agriculture, trade and consumer protection within 60 days the amount of tax due from the date of entry or the most recent date of renewal, whichever is later, as determined by the department of revenue under s. 77.04 (1) with simple interest thereon at 12% per year, less any severance tax and supplemental severance tax or acreage share paid thereon, with interest computed according to the rule of partial payments at the rate of 12% per year.

AB926, s. 763 Section 763. 77.10 (2) (a) 2. of the statutes is amended to read:

AB926,177,19 77.10 (2) (a) 2. The amount of the tax shall be determined by the department of revenue and furnished to the department of natural resources agriculture, trade and consumer protection, which shall determine the exact amount of payment. When the tax rate or assessed value ratio of the current year has not been determined the rate of the preceding tax year may be used. On receiving such payment the department of natural resources agriculture, trade and consumer protection shall issue an order of withdrawal and file copies thereof with the department of revenue, the supervisor of equalization and the clerk of the town, and shall record the order with the register of deeds of the county, in which the land lies. The land shall then cease to be forest croplands.

AB926, s. 764 Section 764. 77.10 (2) (b) of the statutes is amended to read:

AB926,178,2 77.10 (2) (b) Upon receipt of any taxes under this section by the state, the department of natural resources agriculture, trade and consumer protection shall first deduct all moneys paid by the state on account of the lands under s. 77.05 with interest on the moneys computed according to the rule of partial payments at the rate of interest paid under par. (a) by the person withdrawing such lands. The department shall within 20 days remit the balance to the town treasurer who shall pay 20% to the county treasurer and retain the remainder.

AB926, s. 765 Section 765. 77.10 (4) of the statutes is amended to read:

AB926,178,8 77.10 (4) Taxation after withdrawal. When any description ceases to be a part of the forest croplands, by virtue of any order of withdrawal issued by the department of natural resources agriculture, trade and consumer protection, taxes thereafter levied thereon shall be payable and collectible as if such description had never been under this subchapter.

AB926, s. 766 Section 766. 77.11 of the statutes is amended to read:

AB926,178,16 77.11 Accounts of department of natural resources agriculture, trade and consumer protection. The department of natural resources agriculture, trade and consumer protection shall keep a set of forest croplands books in which shall always appear as to each description in each town containing any forest croplands, the amount of taxes paid by the state to the town and received by the state from the owner. All tax payments shall be paid out of and receipts credited to the forestry account of the conservation fund.

AB926, s. 767 Section 767. 77.13 (1) of the statutes is amended to read:

AB926,178,20 77.13 (1) On and after July 20, 1985, no person may petition the department of natural resources agriculture, trade and consumer protection requesting it to approve any land as forest croplands under this subchapter.

AB926, s. 768 Section 768. 77.13 (2) of the statutes is amended to read:

AB926,179,2 77.13 (2) On and after January 1, 1986, the department of natural resources agriculture, trade and consumer protection may not act on any petition requesting the designation of land as forest croplands, issue any order entering land as forest croplands or enter into a renewal of any forest croplands contract under this subchapter.

AB926, s. 769 Section 769. 77.14 of the statutes is amended to read:

AB926,179,12 77.14 Forest croplands information, protection, appropriation. The department of natural resources agriculture, trade and consumer protection shall publish and distribute information regarding the method of taxation of forest croplands under this subchapter, and may employ a fire warden in charge of fire prevention in forest croplands. All actual and necessary expenses incurred by the department of natural resources agriculture, trade and consumer protection or by the department of revenue in the performance of their duties under this subchapter shall be paid from the appropriation made in s. 20.370 (1) (mv) 20.115 (5) (q) upon certification by the department incurring such expenses.

AB926, s. 770 Section 770. 77.16 (1) of the statutes is amended to read:

AB926,179,15 77.16 (1) In this section "department" means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 771 Section 771. 77.81 (1) of the statutes is amended to read:

AB926,179,18 77.81 (1) "Department" means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 772 Section 772. 77.82 (2m) (d) of the statutes is amended to read:

AB926,179,21 77.82 (2m) (d) All of the recording fees collected under par. (a) 1. shall be credited to the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr).

AB926, s. 773 Section 773. 77.82 (2m) (dm) of the statutes is amended to read:

AB926,180,2 77.82 (2m) (dm) 1. Of each fee $300 or the entire fee, whichever is less, that is collected under par. (a) or (e) that is not credited to the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr) shall be credited to the appropriation under s. 20.370 (1) (cx) 20.115 (5) (rv).

AB926,180,5 2. Any amount not credited to the appropriation under s. 20.370 (1) (cx) 20.115 (5) (rv), as calculated in subd. 1., shall be deposited into the conservation fund for forestry purposes.

AB926, s. 774 Section 774. 77.82 (4) of the statutes is amended to read:

AB926,180,17 77.82 (4) Additions to managed forest land. An owner of land that is designated as managed forest land under an order that takes effect on or after April 28, 2004, may petition the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of that designated land. The petition shall be accompanied by a nonrefundable $20 application fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr). The petition shall be filed on a department form and shall contain any additional information required by the department.

AB926, s. 775 Section 775. 77.83 (1m) of the statutes is amended to read:

AB926,181,2 77.83 (1m) Modification of designation. For a managed forest land order that takes effect on or after April 28, 2004, the owner of the managed forest land may modify the designation of a closed or open area 2 times during the term of the order. For a managed forest land order that takes effect before April 28, 2004, the owner of the managed forest land may modify the designation of a closed or open area 2 times during the period beginning with April 28, 2004, and ending with the expiration date of the order, regardless of whether the owner has previously modified the designation as authorized by rules promulgated by the department of natural resources.

AB926, s. 776 Section 776. 77.83 (2) (am) 3. of the statutes is amended to read:

AB926,181,7 77.83 (2) (am) 3. Subdivisions 1. and 2. do not apply to any lease or other agreement if the consideration involved solely consists of reasonable membership fees charged by a nonprofit organization and the lease or agreement is approved by the department of natural resources.

AB926, s. 777 Section 777. 77.83 (2) (c) of the statutes is amended to read:

AB926,181,12 77.83 (2) (c) An owner may prohibit the use of motor vehicles, as defined under s. 340.01 (35), or snowmobiles, as defined under s. 340.01 (58a), or both on any open managed forest land. At the request of an owner, the department of natural resources may provide assistance in enforcing the prohibition.

AB926, s. 778 Section 778. 77.83 (3) of the statutes is amended to read:

AB926,181,16 77.83 (3) Signs. An owner may post signs specifying the designation of or restrictions applicable to any area of managed forest land. The department of natural resources may, by rule, specify design standards for these signs.

AB926, s. 779 Section 779. 77.85 of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,181,24 77.85 State contribution. The department shall pay before June 30 annually the municipal treasurer, from the appropriation under s. 20.370 (5) (bv) 20.115 (5) (vm), 20 cents for each acre of land in the municipality that is designated as managed forest land under this subchapter and for each acre of land in the municipality that has been withdrawn under s. 77.885 but for which payments under s. 77.84 (2) are being made.

AB926, s. 780 Section 780. 77.88 (2) (d) of the statutes is amended to read:

AB926,182,7 77.88 (2) (d) 1. Within 10 days after a transfer of ownership, the former owner shall, on a form provided by the department, file with the department a report of the transfer signed by the former owner and the transferee. The report shall be accompanied by a $100 fee which shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

AB926,182,11 2. The department may establish by rule a different amount of each fee under subd. 1. that will be credited to the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr). The amount shall be equal to the average expense to the department of recording an order issued under this subchapter.

AB926, s. 781 Section 781. 77.88 (2) (e) of the statutes is amended to read:

AB926,182,22 77.88 (2) (e) The transferred land shall remain managed forest land if the transferee, within 30 days after the transfer, certifies to the department of agriculture, trade and consumer protection an intent to comply with the existing management plan for the land and with any amendments agreed to by the department and the transferee, and provides proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83 subject to approval by the department of natural resources. The department of agriculture, trade and consumer protection shall issue an order continuing the designation of the land as managed forest land under the new ownership.

AB926, s. 782 Section 782. 77.89 (1) of the statutes is amended to read:

AB926,183,3 77.89 (1) Payment to municipalities. By June 30 of each year, the department, from the appropriation under s. 20.370 (5) (bv) 20.115 (5) (vm), shall pay 100 percent of each payment received under ss. 77.84 (3) (b) and 77.87 (3) and 100 percent of each withdrawal tax payment received under s. 77.88 (7) to the treasurer of each municipality in which is located the land to which the payment applies.

AB926, s. 783 Section 783. 77.89 (2) (b) of the statutes is amended to read:

AB926,183,10 77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and (bm) to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all amounts received under this paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition, resource management activities relating to state forests, and grants under s. 77.895.

AB926, s. 784 Section 784. 77.91 (2) (b) of the statutes is amended to read:

AB926,183,14 77.91 (2) (b) The department of natural resources shall prepare, update annually and, by March 31 of each year, offer for sale to the public information describing the location of managed forest land designated as open under s. 77.83.

AB926, s. 785 Section 785. 77.91 (4) of the statutes is amended to read:

AB926,183,18 77.91 (4) Expenses. Except as provided in sub. (5), the department's expenses for the administration of this subchapter shall be paid from the appropriation under s. 20.370 (1) (mv) 20.115 (5) (q).

AB926, s. 786 Section 786. 77.91 (5) of the statutes is amended to read:

AB926,184,2 77.91 (5) Recording. Each register of deeds who receives notice of an order under this subchapter shall record the action as provided under s. 59.43 (1). The department shall pay the register of deeds the fee specified under s. 59.43 (2) (ag) 1. from the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr). If the amount in the appropriation under s. 20.370 (1) (cr) 20.115 (5) (qr) in any fiscal year is insufficient to pay the full amount required under this subsection in that fiscal year, the department shall pay the balance from the appropriation under s. 20.370 (1) (mv) 20.115 (5) (q).

AB926, s. 787 Section 787. 82.10 (4) (a) 3m. of the statutes is created to read:

AB926,184,4 82.10 (4) (a) 3m. The department of environmental quality.

AB926, s. 788 Section 788. 82.10 (4) (a) 3s. of the statutes is created to read:

AB926,184,6 82.10 (4) (a) 3s. The department of agriculture, trade and consumer protection.

AB926, s. 789 Section 789. 84.01 (17) of the statutes is amended to read:

AB926,184,14 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to February 1 of each even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources and to, the department of environmental quality, and the department of agriculture, trade and consumer protection.

AB926, s. 790 Section 790. 84.01 (23) of the statutes is amended to read:

AB926,184,21 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village and city bridges, arches or culverts. The standards shall be developed after consultation with the department of natural resources and the department of environmental quality, and shall be directed at preventing undue impairment of public rights in navigable waters.

AB926, s. 791 Section 791. 84.02 (3) (a) of the statutes is amended to read:

AB926,185,19 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources, the secretary of environmental quality, and the secretary of agriculture, trade and consumer protection either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.

AB926, s. 792 Section 792. 84.078 (1) (am) of the statutes is amended to read:

AB926,185,24 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources environmental quality by rule.

AB926, s. 793 Section 793. 84.078 (3) (a) 2. of the statutes is amended to read:

AB926,186,6 84.078 (3) (a) 2. The department of natural resources environmental quality certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources environmental quality.

AB926, s. 794 Section 794. 84.078 (3) (b) (intro.) of the statutes is amended to read:

AB926,186,13 84.078 (3) (b) (intro.) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources environmental quality under par. (a) 2., notwithstanding the occurrence of any of the following:

AB926, s. 795 Section 795. 84.078 (3) (c) of the statutes is amended to read:

AB926,186,21 84.078 (3) (c) The department of transportation and the department of natural resources environmental quality may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources environmental quality applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

AB926, s. 796 Section 796. 84.11 (3) of the statutes is amended to read:

AB926,187,6 84.11 (3) Hearing. Within 60 days of the receipt of a petition under sub. (2), the department shall fix a time and place for a hearing and give notice of the hearing by publication of a class 2 notice, under ch. 985, in the vicinity of the proposed bridge project. Notice shall also be given by registered letter addressed to the clerks of the counties, cities, villages and towns in which any part of the bridge project will be located. The notice shall also be given to the secretary of natural resources and the secretary of environmental quality either by registered mail or personally. The hearing may be held in any county, city, village or town in which any part of the bridge project will be located.

AB926, s. 797 Section 797. 84.11 (7m) of the statutes is amended to read:

AB926,187,24 84.11 (7m) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred by law upon the department of natural resources environmental quality, and the control exercised by the United States, the construction under this section of any bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project under sub. (1m), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of such moneys deposited for a project eligible for construction under sub. (1m) which remain in the state treasury after the completion of the project shall be repaid to the respective counties, cities, villages and towns in such amounts as to result in the distribution provided in sub. (5m).

AB926, s. 798 Section 798. 84.12 (7) of the statutes is amended to read:

AB926,189,2 84.12 (7) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred upon the department of natural resources environmental quality, and the control exercised by the United States, the construction under this section of any bridge project shall be under the joint supervision and control of the department and of the transportation department of the other state concerned. If the transportation department of the other state is not authorized to act jointly with this state in such bridge project arrangements may be made with such subdivisions of the other state as may have proper authority, represented by their proper officers. Control shall be exercised in the manner deemed most expedient by the secretary and such department or by the secretary and the officers of the subdivisions of the other state concerned in the construction. Contracts for the construction of said bridge projects may be made and executed by the secretary and the transportation department of the other state jointly, or jointly by the secretary and such subdivisions of the other state as may participate in the construction, or by appropriate agreement between the parties with respect to financing and control of the work, the authority of either state may contract for all or part of the construction. The secretary may suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project eligible to construction under sub. (1) (a) or offered by it as to any project eligible to construction under sub. (1) (b), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys available from this state, or its subdivisions, shall be deposited in the state treasury when required by the secretary and shall be paid out only upon the order of the secretary. Moneys deposited by such subdivisions which remain in the state treasury after the completion of such project shall be repaid to the respective subdivisions in the proportion paid in.

AB926, s. 799 Section 799. 84.28 (1) of the statutes is amended to read:

AB926,190,8 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 20.115 (5) (b) may be expended for the renovation, marking, and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources agriculture, trade and consumer protection. Moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking, and maintenance of a town or county highway located within the boundaries of any state park, in the lower Wisconsin state riverway as defined in s. 30.40 (15), or on other property under the jurisdiction of the department of natural resources. Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or other property under the jurisdiction of the department of natural resources, moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking, and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to these state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures from the appropriation under s. 20.370 (7) (mc) under this subsection. The department of natural resources shall rank projects eligible for assistance funding from the appropriation under s. 20.370 (7) (mc) under a priority system and funding may be restricted to those projects with highest priority. Outside the boundaries of the forests under the jurisdiction of the department of agriculture, trade and consumer protection, moneys from the appropriation under s. 20.115 (5) (b) may be expended for the renovation, marking, and maintenance of roads that the department of agriculture, trade and consumer protection certifies are utilized by a substantial number of visitors to these forests. The department of agriculture, trade and consumer protection shall authorize expenditures from the appropriation under s. 20.115 (5) (b) under this subsection. The department of agriculture, trade and consumer protection shall rank projects eligible for funding from the appropriation under s. 20.115 (5) (b) under a priority system and funding may be restricted to those projects with the highest priority.

AB926, s. 800 Section 800. 84.28 (2) of the statutes is amended to read:

AB926,191,10 84.28 (2) The department may administer a program for the construction, maintenance and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources or the department of agriculture, trade and consumer protection, and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department of transportation, upon the request for such work filed by the department of natural resources as having jurisdiction with respect to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, the department of agriculture, trade and consumer protection, commissioners of public lands or town board, as appropriate.

AB926, s. 801 Section 801. 85.19 (1) of the statutes is amended to read:

AB926,191,16 85.19 (1) Standards. The department, in consultation with the department of natural resources environmental quality, shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the standards shall require the use of best management practices.

AB926, s. 802 Section 802. 85.19 (2) (c) of the statutes is amended to read:

AB926,191,19 85.19 (2) (c) The department shall establish the training program in consultation with the department of natural resources environmental quality.

AB926, s. 803 Section 803. 85.245 (1) of the statutes is renumbered 85.245.

AB926, s. 804 Section 804. 85.245 (2) of the statutes is repealed.

AB926, s. 805 Section 805. 86.255 (2) (a) of the statutes is amended to read:

AB926,191,25 86.255 (2) (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 278.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.

AB926, s. 806 Section 806. 86.315 (1) of the statutes is amended to read:

AB926,192,11 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources agriculture, trade and consumer protection. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.