23.094(2)
(2) Identification of priority streams. 23.094(2)(a)(a) The department shall identify as priority streams those streams in this state that are in most need of protection from degradation of water quality caused by agricultural or urban runoff.
23.094(2)(b)
(b) In identifying priority streams under
par. (a), the department shall give higher priority to those streams that are affected by a federal or state program or plan that protects water quality or fish habitat.
23.094(2)(c)
(c) The federal or state programs or plans under
par. (b) include:
23.094(2m)
(2m) Acquisition of land. For a stream identified as a priority stream under
sub. (2), the department may acquire land adjacent to the stream by gift or devise or by purchase. Whenever possible, the land acquired shall include the area within at least 66 feet from either side of the stream.
23.094(3)
(3) State easements. For a stream identified as a priority stream under
sub. (2), the department may acquire a permanent stream bank easement from the owner of land adjacent to the priority stream by gift or devise or beginning July 1, 1990, by purchase. Whenever possible, the easement shall include the land within at least 66 feet from either side of the stream.
23.094(3g)
(3g) Acquisition by political subdivision. A political subdivision may acquire by gift, devise or purchase land adjacent to a stream identified as a priority stream under
sub. (2) or acquire by gift, devise or purchase a permanent stream bank easement from the owner of the land. The department may make grants to political subdivisions to purchase these lands and easements. Whenever possible, the land or easement shall include the land within at least 66 feet from either side of the stream.
23.094(3r)
(3r) Restriction on land and easements. A stream bank easement acquired under this section or under
s. 23.096 shall prohibit all of the following and all of the following are prohibited on land acquired under this section or under
s. 23.096:
23.094(3r)(a)
(a) Alteration of vegetative cover or other natural features unless the department specifically approves the alteration.
23.094(3r)(b)
(b) Planting or production of agricultural crops unless the department specifically approves the planting or production for wildlife management purposes.
23.094(3r)(c)
(c) Mowing, grazing or spraying the land with chemicals, except as necessary to comply with noxious weed control laws or to control pests on an emergency basis when such control is necessary to protect public health or unless the department specifically approves the mowing, grazing or spraying.
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 destroys, molests, defaces, removes or unreasonably wastes.
23.095(1)(b)
(b) "Discharge" has the meaning given in
s. 144.76 (1) (a) [292.01 (3)].
23.095 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 144.76 (1) (a) was renumbered by
1995 Wis. Act 227. Corrective legislation is pending.
23.095(1)(c)
(c) "Hazardous substance" has the meaning given in
s. 144.01 (4m) [285.01 (21)].
23.095 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 144.01 (4m) was repealed by
1995 Wis. Act 227 and the definition now appears at s. 285.01 (21). Corrective legislation is pending.
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(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) shall forfeit not more than $200.
23.095(3)(c)
(c) If a person violates
sub. (1m) 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. If a person violates
sub. (1m) 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. If a person violates
sub. (1m) 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(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.
23.095 History
History: 1975 c. 365;
1995 a. 391.
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.
23.097
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 state park and forest development. 23.098(1)(1) In this section, "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 organized to raise funds for state parks or state forests.
23.098(2)
(2) The department shall establish a program to expend in each fiscal year up to $100,000 from the appropriation under
s. 20.866 (2) (tz) for grants to friends groups for projects for property development activities in state parks or state forests.
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 in state parks and state forests 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 expend more than $10,000 as grants under this section for a state park or a state forest 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 expended as grants under this section shall be treated as moneys expended for general property development.
