23.0915(2)(a)(a) Beginning with fiscal year 1990-91, if the department expends in a given fiscal year an amount from the moneys appropriated under
s. 20.866 (2) (tz) for a purpose under
sub. (1) (a) or
(c) to
(k) that is less than the amount designated for that purpose for that given fiscal year under
sub. (1) (a) or
(c) to
(k), the department may adjust the expenditure limit under the stewardship program for that purpose by raising the expenditure limit, as it may have been previously adjusted under this paragraph and
par. (b), for the next fiscal year by the amount that equals the difference between the amount designated for that purpose and the amount expended for that purpose in that given fiscal year.
23.0915(2)(b)
(b) Beginning with fiscal year 1990-91, if the department expends in a given fiscal year an amount from the moneys appropriated under
s. 20.866 (2) (tz) for a purpose under
sub. (1) (a) or
(c) to
(k) that is more than the amount designated for that purpose for that given fiscal year under
sub. (1) (a) or
(c) to
(k), the department shall adjust the expenditure limit under the stewardship program for that purpose by lowering the expenditure limit, as it may have been previously adjusted under this paragraph and
par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount designated for that purpose from the amount expended, as it may be affected under
par. (c) or
(d), for that purpose in that given fiscal year.
23.0915(2)(c)
(c) The department may not expend in a fiscal year an amount from the moneys appropriated under
s. 20.866 (2) (tz) for a purpose under
sub. (1) (a) or
(c) to
(k) that exceeds the amount equal to the expenditure limit for that purpose as it may have been previously adjusted under
pars. (a) and
(b), except as provided in
par. (d).
23.0915(2)(d)
(d) In a given fiscal year, in addition to expending the amount designated for a purpose under
sub. (1) (a) or
(c) to
(k), or the amount equal to the expenditure limit for that purpose, as adjusted under
pars. (a) and
(b), whichever amount is applicable, the department may also expend for that purpose up to 50% of the designated amount for that purpose for the given fiscal year for a project or activity if the natural resources board determines all of the following:
23.0915(2)(d)2.
2. That the property involved in the project or activity covers a large area or the property is uniquely valuable in conserving the natural resources of the state.
23.0915(2)(d)3.
3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible.
23.0915(2g)
(2g) Funds for Monona terrace project. If all of the money set aside under
s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under
s. 30.277. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.
23.0915(2j)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), before June 30, 2000, the department shall expend $100,000 for the Flambeau Mine Trail and Rusk County visitor center.
23.0915(2j)(b)
(b) For purposes of
sub. (1) and
s. 23.17, moneys expended under this subsection shall be treated as moneys expended for trails.
23.0915(2m)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside for the period of time specified in
sub. (1) (L) $400,000 to be used only for the development of a state park to be located in the Menomonee valley in the city of Milwaukee and to be designated as the Henry Aaron State Park.
23.0915(2m)(b)
(b) Before spending any of the moneys set aside under
par. (a), the department, in consultation with the city of Milwaukee and other interested parties, shall develop a plan to finance the state park.
23.0915(2m)(c)
(c) None of the moneys set aside under
par. (a) may be expended for stadium parking or for any other purpose not directly related to the development of the state park.
23.0915(2m)(d)
(d) For purposes of adjusting expenditure limits under
sub. (2) (a) to
(c), the amount set aside under
par. (a) shall be treated as moneys that were expended in fiscal year 1990-91 for wildlife habitat restoration under
s. 23.092.
23.0915(2m)(e)
(e) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside for the period of time specified in
sub. (1) (Lg) $290,000 for the Henry Aaron State Park Trail in the Henry Aaron State Park.
23.0915(2m)(em)
(em) For purposes of
sub. (1), moneys expended under
par. (e) shall be treated as moneys expended for wildlife habitat restoration under
s. 23.092.
23.0915(2r)
(2r) Acquisition of Grandfather Falls Recreation Area. 23.0915(2r)(a)(a) Subject to
par. (b), from the appropriation under
s. 20.866 (2) (tz), the department shall expend the moneys necessary to purchase approximately 1,485 acres of land in Lincoln County that is commonly known as the Grandfather Falls Recreation Area.
23.0915(2r)(b)
(b) The department may not expend more than $2,138,000 for the land specified under
par. (a).
23.0915(2r)(c)
(c) For purposes of
sub. (1), moneys expended under
par. (a) may be treated as moneys expended for any of the purposes specified under
sub. (1) (a) to
(k) or any combination of those purposes.
23.0915(3)
(3) Horicon marsh interpretative center. 23.0915(3)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside during fiscal year 1991-92 for the period of time specified in
sub. (1) (m) $250,000 for a project to develop a vacant building to be used as an interpretative and administrative center for the Horicon marsh area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
23.0915(3)(b)
(b) The department shall expedite the planning, design and development of the interpretative and administrative center.
23.0915(3m)
(3m) Crex Meadows Wildlife Area education center. 23.0915(3m)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside during fiscal year 1997-98 for the period of time specified in
sub. (1) (n) $250,000 for a project to construct and equip a wildlife education center for Crex Meadows Wildlife Area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
23.0915(3m)(b)
(b) The department shall expedite the planning, design and development of the education center.
23.0915(3m)(c)
(c) For purposes of
sub. (1), moneys set aside by the department under this subsection shall be treated as moneys for general property development.
23.0915(4)
(4) Review by joint committee on finance. Beginning on December 31, 1995, the department may not encumber or expend from the appropriation under
s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure only upon approval of the committee.
23.092(1)(1) The department shall designate habitat areas in order to enhance wildlife-based recreation in this state, including hunting, fishing, nature appreciation and the viewing of game and nongame species. The department may not designate an area as a habitat area under this subsection if the area is located within the boundaries of a project established by the department before August 9, 1989.
23.092(2)
(2) For each area designated under
sub. (1), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.
23.092(3)
(3) The department may acquire 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.
23.092(4)
(4) The department may share the costs of implementing land management practices with landowners, or with nonprofit organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit organizations. This subsection does not apply before July 1, 1990.
23.092(5)(a)(a) The department shall determine the value of land or an easement donated to the department that is within a habitat area and is dedicated for purposes of habitat protection, enhancement or restoration. 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 on 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 for habitat protection, enhancement or restoration activities for the same habitat area in which any donation was made on or after August 9, 1989.
23.092(5)(b)
(b) If the moneys to be released to match a donation under
par. (a) will exceed the expenditure limit under
sub. (6) 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. (6), 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. (6) or to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.
23.092(6)
(6) Except as provided in
s. 23.0915 (2), the department may not expend more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under
s. 23.096 in each fiscal year. Of this amount the department may not expend more than $75,000 for fisheries in each fiscal year.
23.092(7)
(7) To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate activities.
23.093
23.093
Carp control research. The department of natural resources may enter into contracts with public or private agencies for the accelerated research and development of a specific toxic material for the control and eradication of carp in the waters of the state.
23.094
23.094
Stream bank protection program. 23.094(1)
(1)
Definition. In this section, "political subdivision" means city, village, town, county, lake sanitary district, as defined in
s. 30.50 (4q), or public inland lake protection and rehabilitation district.
23.094(1m)
(1m) Creation. In order to protect the water quality and the fish habitat of the streams in this state, there is created a stream bank protection program to be administered by the department.
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 unreasonably destroys, molests, defaces, removes or wastes.
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(2m)
(2m) Prohibition on land in Kickapoo valley reserve. No person may damage or attempt to damage any natural resource or archaeological feature located in the Kickapoo valley reserve under
s. 41.41 (2).
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) or
(2m) shall forfeit not more than $200.
23.095(3)(c)
(c) If a person violates
sub. (1m) or
(2m) 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. Except as provided in
subds. 2. and
3., if a person violates
sub. (1m) or
(2m) 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. Except as provided in
subd. 3., if a person violates
sub. (1m) or
(2m) 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(3)(d)3.
3. If a person violates
sub. (2m) and the violation involves intentionally damaging or attempting to damage an archaeological feature in the pursuit of commercial gain, the person shall, in addition to the penalty imposed under
subd. 2., be fined an amount 2 times the gross value gained or the gross loss caused by the violation, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
