23.293(4)
(4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under
s. 20.370 (1) (gg). An amount equal to the value of all contributions and gifts shall be released from the appropriation under
s. 20.866 (2) (tw) or
(tz) or both to be used for land acquisition and development activities under
s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under
s. 20.866 (2) (tz) before July 1, 1990.
23.293(5)
(5) Land dedications; valuation; state match. The department shall determine the value of land accepted for dedication under the ice age trail program. If the land dedication involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation of the land shall be based on the fair market value of the land before the transfer. If the land dedication involves the transfer of a partial interest in land to the state, the valuation of the land shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the land dedication involves a sale of land to the department at less than the fair market value, the valuation of the land shall be based on the difference between the purchase price and the fair market value. An amount equal to the valuation of the land accepted for dedication under the ice age trail program shall be released from the appropriation under
s. 20.866 (2) (tw) or
(tz) or both to be used for ice age trail acquisition activities under
s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under
s. 20.866 (2) (tz) before July 1, 1990. This subsection does not apply to dedications of land under the ownership of the state.
23.293(6)
(6) Land dedications; eligibility and acceptance. The department shall accept land except as provided by
sub. (7),
(8),
(9),
(10) or
(12), within the state ice age trail area for dedication unless the long-term stewardship of the dedicated land cannot reasonably be assured.
23.293(7)
(7) Land dedications; transfer of interest. The department may not accept land for dedication under the ice age trail program unless all interest in the land or a partial interest in the land is transferred to the state to be held in trust for the people of this state by the department. This subsection does not apply to land under the ownership of the state.
23.293(8)
(8) Land dedications; state land. Land under the ownership of the state and under the control or management of the department may be accepted for dedication under the ice age trail program. Land under the ownership of the state but under the management or control of another agency may be accepted for dedication under the ice age trail program if the appropriate agency transfers sufficient permanent and irrevocable authority over the management and control of that land to the department.
23.293(9)
(9) Land dedications; permanent and irrevocable. Except as permitted under this subsection, the department may not accept land for dedication under the ice age trail program unless the land dedication is permanent and irrevocable. The department may not accept land for dedication under the ice age trail program if the dedication or any provision in the articles of dedication include any reversionary right or any provision which extinguishes the dedication at a certain time or upon the development of certain conditions, except that the department may authorize a reversion or extinction if the land is withdrawn from the ice age trail program as provided under
subs. (16) and
(17). The department may not accept land for dedication under the ice age trail program if the articles of dedication allow for amendment or revision except as provided under
subs. (14) and
(15).
23.293(10)
(10) Land dedications; public trust. The department may not accept land for dedication under the ice age trail program unless the land dedication provides that the interest in land which is transferred to or held by the state is to be held in trust for the people of this state by the department.
23.293(11)
(11) Land dedications; stewardship. The department may enter into contracts or agreements with other agencies or persons to act as its agent and to ensure that stewardship is provided for a dedicated ice age trail area or to assume stewardship responsibility for a dedicated ice age trail area. In no case may the department abrogate its ultimate stewardship responsibility or its obligation as a trustee of the land.
23.293(12)
(12) Land dedication; partial interest; land of other state agencies; notice prior to sale or transfer. The department may not accept land for dedication under the ice age trail program if the land dedication involves the transfer of a partial interest in the land to the state unless adequate provisions for notice are provided. Land under the ownership of the state but under the management and control of another state agency may not be accepted for dedication under the ice age trail program unless adequate provisions for notice are provided. At a minimum, adequate provisions for notice shall require 30 days' notice to the department before any sale, transfer or conveyance of the land or an interest in the land. The department may not regulate or prohibit the sale, transfer or conveyance of a dedicated ice age trail area or an interest in a dedicated ice age trail area but the department may ensure that the grantee, lessee or other party is informed of the dedication and understands that restrictions, conditions, obligations, covenants and other provisions in the dedication and articles of dedication run with the land and are binding on subsequent grantees, lessees and similar parties. No sale, transfer or conveyance of a dedicated ice age trail area may violate the dedication or the articles of dedication. The register of deeds shall notify the department if a dedicated ice age trail area is transferred by will or as part of an estate.
23.293(13)
(13) Articles of dedication; form. Articles of dedication are not in proper form unless they are prepared as a conservation easement under
s. 700.40 or in another form acceptable to the department. Articles of dedication are not in proper form unless they run with the land and are binding on all subsequent purchasers or any other successor to an interest in the land. Articles of dedication are not in proper form unless the articles qualify as an instrument which is valid and meets the requirements for recording under
s. 706.04.
23.293(14)
(14) Articles of dedication; amendment; justification. The articles of dedication may not be amended or revised unless the amendment or revision serves a valid public purpose, no prudent alternative exists and the amendment or revision would not significantly injure or damage the ice age trail.
23.293(15)
(15) Articles of dedication; amendment; procedure. The articles of dedication may not be amended or revised until and unless:
23.293(15)(a)
(a)
Agreement. The department and any other party with a property interest in the dedicated ice age trail area agree to the proposed amendment or revision.
23.293(15)(b)
(b)
Findings. The department issues written findings justifying the proposed amendment or revision under
sub. (14).
23.293(15)(c)
(c)
Notice and hearing. A public hearing is conducted in the county where the dedicated ice age trail area is located following publication of a class 1 notice, under
ch. 985, which announces the hearing and summarizes the department's findings.
23.293(15)(d)
(d)
Standing committee approval. The appropriate standing committee in each house of the legislature, as determined by each presiding officer, approves the proposed amendment or revision.
23.293(15)(e)
(e)
Approval by governor. The governor approves the proposed amendment or revision.
23.293(15)(f)
(f)
Recording. The amendment or revision is recorded in the office of the register of deeds.
23.293(16)
(16) Withdrawal; justification. The department may not withdraw a state ice age trail area from the state ice age trail areas system unless:
23.293(16)(a)
(a)
Extinction of value. The value which enabled the area to be considered a dedicated ice age trail area no longer exists or was destroyed or damaged to such an extent that the area has no importance or has a low level of importance as determined by the department.
23.293(16)(b)
(b)
Superseding public purpose. The withdrawal serves a superseding and imperative public purpose and no prudent alternative exists.
23.293(17)
(17) Withdrawal; procedure. The department may not withdraw a dedicated ice age trail area from the state ice age trail areas system until and unless:
23.293(17)(a)
(a)
Findings. The department issues written findings justifying the proposed withdrawal under
sub. (16) (a) or
(b).
23.293(17)(b)
(b)
Notice and hearing. A public hearing is conducted in the county where the dedicated ice age trail area is located following publication of a class 1 notice, under
ch. 985, which announces the hearing and summarizes the department's findings.
23.293(17)(c)
(c)
Standing committee approval. The appropriate standing committee in each house of the legislature, as determined by each presiding officer, approves the proposed withdrawal.
23.293(17)(d)
(d)
Approval by governor. The governor approves the proposed withdrawal.
23.293(17)(e)
(e)
Recording. The withdrawal is recorded with the register of deeds.
23.293(18)
(18) Department authority. The department shall administer this section and shall encourage and facilitate the voluntary dedication of lands under the ice age trail program. The department may promulgate rules and establish procedures to aid in the administration and enforcement of this section. The department may provide legal advice and may prepare model articles of dedication to facilitate the dedication of lands under the ice age trail program.
23.293(19)
(19) Enforcement. The department and its agents, the department of justice and peace officers, as defined under
s. 939.22 (22), have jurisdiction on dedicated ice age trail areas.
23.293(20)
(20) Injunctive relief; recovery of costs. The department, or the department of justice on its own initiative or at the request of the department, may initiate an action seeking injunctive relief against any person violating the articles of dedication of a dedicated ice age trail area.
23.30
23.30
Outdoor recreation program. 23.30(1)
(1)
Purpose. The purpose of this section is to promote, encourage, coordinate and implement a comprehensive long-range plan to acquire, maintain and develop for public use those areas of the state best adapted to the development of a comprehensive system of state and local outdoor recreation facilities and services in all fields, including, without limitation because of enumeration, parks, forests, camping grounds, fishing and hunting grounds, trails, trail-side campsites and shelters, cross-country ski trails, bridle trails, related historical sites, highway scenic easements, the lower Wisconsin state riverway as defined in
s. 30.40 (15), natural areas and local recreation programs, except spectator sports, and to facilitate and encourage the fullest beneficial public use of these areas.
23.30(2)
(2) Established. The outdoor recreation program is established as a continuing program to financially assist the state and local agency outdoor recreation program, including, without limitation because of enumeration, lake rehabilitation, coho salmon production, wildlife management on county forests, public access, state park and forest recreation areas, fish and game habitat areas, youth conservation camps, creation of new lakes, lake and stream classification, the lower Wisconsin state riverway as defined in
s. 30.40 (15), highway scenic easements, natural areas, state aids for local governmental parks and other outdoor recreational facilities, acquisition and development, state aids for county forest recreation areas development, related historic sites, tourist information sites; recreational planning; scenic or wild river preservation and use; and conservation work program.
23.30(3)
(3) Natural resources board. The natural resources board is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources. To this end it shall:
23.30(3)(a)
(a) Consider and recommend to the governor and legislature broad policies and standards to guide the comprehensive development of all outdoor recreation resources in Wisconsin, including, without limitation because of enumeration, outdoor recreation development in relation to state population patterns, low-cost sewage system studies, the several outdoor recreation activities, outdoor recreation development to aid the state recreation industry, and policies and standards to coordinate the respective outdoor recreation development programs of federal, state and local governmental agencies and the recreation programs operated by private enterprise.
23.30(3)(b)
(b) Coordinate the development of a comprehensive long-range plan for the acquisition and development of areas necessary for a statewide system of recreational facilities. The comprehensive plan shall be based upon the outdoor recreation plans of the several state agencies and local governmental agencies, and shall be coordinated and modified as the board deems necessary to comply with its policies and standards.
23.30(3)(c)
(c) Recommend to the legislature outdoor recreation program appropriations and allocations which, in conjunction with other financial sources supporting outdoor recreation resources, are necessary to carry out plans coordinated by the board.
23.30(3)(d)
(d) Consider progress reports from state agencies to determine that all state appropriations for outdoor recreation are being so expended that the policies and plans formulated by the board will be accomplished.
23.30(3)(f)
(f) Advise federal agencies concerned of the pattern in which all federal outdoor recreation resources financial assistance and loan programs to state and local governmental agencies and to nongovernmental associations and private individuals will most completely implement the policies and plans of the board.
23.30(3)(g)
(g) Negotiate agreements between agencies concerned when in the board's judgment there is an overlap of authority or responsibilities in the completion of a project.
23.30(3)(h)
(h) Accept on behalf of the state and allocate to the appropriate state agency any gifts and grants of money, property or services made for the purposes of outdoor recreation in Wisconsin. The proceeds of such gifts and grants may be expended for the purpose of the gift or grant.
23.30 Annotation
ORAP funds may be used for the planting of trees and shrubs along state highways and to mark scenic easements as part of the state's beautification and outdoor recreation programs. 62 Atty. Gen. 135.
23.30 Annotation
ORAP funds may be used to restore deteriorated milldams provided a public use is evident. 63 Atty. Gen. 245.
23.30 Annotation
See note to 28.04, citing 63 Atty. Gen. 519.
23.305
23.305
Leasing of department land for recreational purposes. 23.305(1)(1) In this section, "spectator sports" means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration:
23.305(2)
(2) Notwithstanding
ss. 23.30 and
28.04, the department may lease state park land or state forest land to towns, villages or counties for outdoor recreational purposes associated with spectator sports.
23.305(3)
(3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the lease shall be paid into the state treasury and credited to the proper fund.
23.305 History
History: 1985 a. 29.
23.31
23.31
Recreation resources facilities. 23.31(1)(a)(a) To provide and develop recreation resources facilities within this state, the natural resources board, subject to the limits provided in
s. 20.866 (2) (tp),
(ts) and
(tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.
23.31(1)(b)
(b) With their biennial budget request to the department of administration, the natural resources board shall include its request and plan for recreational acquisition and development funding under
s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.
23.31(2)(a)(a) The debt shall be contracted for in the manner and form the legislature prescribes.
23.31(2)(b)
(b) It is the intent of the legislature that state debt not to exceed $56,055,000 in the 12-year period from 1969 to 1981 may be incurred for the comprehensive provision of outdoor recreation facilities as provided under
s. 23.30 but any unappropriated or uncommitted portion of this debt shall be continued beyond 1981.
23.31(2)(c)
(c) It is the intent of the legislature that state debt not to exceed $60,000,000 in the 10-year period from July 1, 1981 to July 1, 1991, may be incurred to support outdoor recreation land acquisition activities.
23.32
23.32
Wetlands mapping. 23.32(1)(1) In this section "wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
23.32(2)(a)(a) For the purpose of advancing the conservation of wetland resources the department shall prepare or cause to be prepared maps that, at a minimum, identify as accurately as is practicable the individual wetlands in the state which have an area of 5 acres or more.
23.32(2)(b)
(b) Mapping priorities, technical methods and standards to be used in delineating wetlands and a long-term schedule which will result in completion of the mapping effort at the earliest possible date, but not later than July 1, 1984, shall be developed by the department in cooperation with those other state agencies having mapping, aerial photography and comprehensive planning responsibilities.
23.32(2)(c)
(c) Wetland maps shall be prepared utilizing the best methods practicable with the funds available for that purpose and shall be based upon data such as soil surveys, aerial photographs and existing wetland surveys and may be supplemented by on-site surveys and other studies.
23.32(2)(d)
(d) The department shall cooperate with the land information board under
s. 16.967 in conducting wetland mapping activities or any related land information collection activities.
23.32(3)(a)(a) The department may sell, and may enter into contracts to sell, wetland maps. The fees for the maps shall be as follows:
23.32(3)(a)3.
3. For each copy of a digital wetland database covering one township, $15.
23.32(3)(b)
(b) The department, by rule, may increase any fee specified in
par. (a). Any increased fee must at least equal the amount necessary to cover the costs of preparing, producing and selling the wetland maps.
23.325
23.325
Aerial photographic survey. 23.325(1)
(1) The department shall make, on a periodic basis, an aerial photographic survey of the state to provide the basis for state planning and resource and forestry management. In performing this duty, the department:
23.325(1)(a)
(a) Shall consult with the land information board, the department of transportation and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.
23.325(1)(b)
(b) May contract with other state agencies or nongovernmental entities to carry out the photographic imagery acquisition phases of the survey and to prepare specific photographic products for use by federal, state and local agencies and the general public.
23.325(2)(a)(a) After consultation with the department of transportation and the state cartographer, the department of natural resources shall select the photographic products to be sold.
