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.
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.
23.0955
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.
23.0962
23.0962
Grant to a nonprofit conservation organization for Black Point Estate. 23.0962(1)
(1) If the department of administration acquires as a gift the property, known as Black Point Estate, that is located on Lake Geneva in the county of Walworth, town of Linn, in fractional Sec. 8, T. 1 N., R. 17 E., and if the joint committee on finance approves the gift under
s. 20.907 (1), the department of natural resources shall make a grant of $1,800,000, from the appropriation under
s. 20.370 (5) (cq), to a nonprofit conservation organization that meets all of the following requirements:
23.0962(1)(a)
(a) The nonprofit conservation organization is a nonprofit corporation, a charitable trust or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code and is exempt from federal tax under section
501 (a) of the Internal Revenue Code.
