23.295(3)
(3) A corporation receiving a grant under
sub. (2) may use the grant for activities related to the development, maintenance, protection and promotion of the ice age trail area and shall do all of the following with the grant:
23.295(3)(a)
(a) Support the work of volunteers who develop, maintain and promote the ice age trail area.
23.295(3)(b)
(b) Build partnerships for the ice age trail area with local governmental units and nonprofit organizations.
23.295(3)(c)
(c) Promote the protection of a corridor for the ice age trail area by providing information about acquiring land, or an interest in land, in that corridor.
23.295(3)(d)
(d) Strengthen community support for the ice age trail area by recruiting and training volunteers and by coordinating the activities of interest groups.
23.295(3)(f)
(f) For each fiscal year, prepare a report detailing the activities for which a grant under
sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate.
23.295 History
History: 1999 a. 9.
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
The department has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 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 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.
23.321
23.321
Wetlands; compensatory mitigation. 23.321(1)(a)
(a) "Area of special natural resource interest" means an area that possesses significant ecological, cultural, aesthetic, educational, recreational or scientific values, including any of the following:
23.321(1)(a)1.
1. A cold water community, as defined by the department, including a trout stream or its tributary or a trout lake.
23.321(1)(a)2.
2. Lake Michigan, Lake Superior or the Mississippi River.
23.321(1)(a)3.
3. A wild and scenic river designated under
16 USC 1271 to
1287, a wild river designated under
s. 30.26, the Lower Wisconsin State Riverway or a scenic urban waterway designated under
s. 30.275.
23.321(1)(a)4.
4. A unique and significant wetland identified in a special area management plan, as defined in
16 USC 1453 (17), a special wetland inventory study or advanced delineation and identification study under
40 CFR 230.80 or an area designated by the U.S. environmental protection agency under
33 USC 1344 (c).
23.321(1)(a)6.
6. A habitat used by state or federally designated threatened or endangered species.
23.321(1)(a)8.
8. A state or federal fish and wildlife refuge or fish and wildlife management area.
23.321(1)(a)12.
12. Surface waters identified by the department as outstanding or exceptional resource waters under
s. 281.15.
23.321(1)(b)
(b) "Mitigation project" means the restoration, enhancement or creation of wetlands to compensate for adverse impacts to other wetlands. "Mitigation project" includes using credits from a wetlands mitigation bank.
23.321(1)(d)
(d) "Wetlands mitigation bank" means a system of accounting for wetland loss and compensation that includes one or more sites where wetlands are restored, enhanced or created to provide transferable credits to be subsequently applied to compensate for adverse impacts to other wetlands.
23.321(1)(e)
(e) "Wetland water quality standards" means water quality standards promulgated under
s. 281.15 (1) that affect wetlands.
23.321(2)(a)(a) The department may consider a mitigation project as part of an application, in combination with the requirements under
par. (b), for complying with any wetland water quality standards in determining whether to issue a permit for, or to otherwise approve, an activity that affects a wetland under
ss. 59.692,
61.351,
62.231,
87.30,
281.11 to
281.47 or
281.49 to
281.85 or
ch. 30,
31,
283,
289,
291,
292,
293,
295 or
299. This subsection does not entitle an applicant to a permit or other approval in exchange for conducting a mitigation project.
23.321(2)(b)
(b) The department may not consider a mitigation project in reviewing an application under
par. (a) unless the applicant demonstrates that all appropriate and practicable measures will be taken to avoid and minimize adverse impacts on the wetland.
23.321(2)(c)
(c) The department may not consider a mitigation project in reviewing an application under
par. (a) for an activity that adversely affects a wetland in an area of special natural resource interest or for an activity that adversely affects an area of special natural resource interest.
23.321(2)(d)
(d) If the department determines that the conditions of a permit or other authorization issued by the U.S. Army Corps of Engineers for an activity that affects a wetland do not meet the requirements of any guidelines established in the memorandum of agreement under
sub. (4), the department may impose additional conditions to ensure that the requirements are met. The department may not require that the acreage of a mitigation project considered under
par. (a) exceed the acreage that is required for the project under the guidelines established in the memorandum of agreement under
sub. (4).
23.321(2m)
(2m) Subsequent protection for wetlands.
