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.
23.095 Cross-reference
Cross Reference: See also s.
NR 19.001, Wis. adm. code.
23.0955
23.0955
Assistance to nonprofit conservation organizations. 23.0955(1)(1) In this section, "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 whose members represent, to the greatest extent practicable, all geographic areas of the state and 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, but shall emphasize the activities described in
subds. 1. and
2.:
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(2)(b)2m.
2m. Assist nonprofit conservation organizations in acquiring property for conservation purposes and in managing property acquired for conservation purposes.
23.0955(2)(b)4.
4. Acquire a property for conservation purposes where no other nonprofit conservation organization exists that is willing to assist or capable of effectively assisting in the transfer of the property or that can adequately manage the property after it is acquired.
23.0955(2)(b)5.
5. For each fiscal year, prepare a report detailing the activities for which a grant under this section was expended, describing any property acquired by the corporation and explaining how the acquisition of that property furthers the goal of conservation in the state. Copies of the report shall be submitted to the department and to the legislature under
s. 13.172 (2).
23.0955(3)(a)(a) During the period beginning on January 1, 2004, and ending on July 1, 2004, the department shall submit a comprehensive report describing the cost of, and accomplishments achieved by, activities funded with grants under this section, commencing with the grants provided in the 1999-2000 fiscal year. The report shall evaluate all of the following:
23.0955(3)(a)1.
1. How grants under this section have furthered the goal of encouraging private resource conservation.
23.0955(3)(a)2.
2. The extent to which grants under this section complement the resource conservation goals of the department.
23.0955(3)(b)
(b) The report shall contain a recommendation to the legislature on whether the grant program under this section should be continued, eliminated or revised.
23.0955(3)(c)
(c) The report shall be distributed to the speaker of the assembly and the president of the senate under
s. 13.172 (3).
23.0955 History
History: 1993 a. 343 ss.
17,
19;
1995 a. 459;
1999 a. 9.
23.0956
23.0956
Assistance for private conservation activities. 23.0956(1)(1) From the appropriation under
s. 20.370 (5) (aw), the department shall provide one grant of $85,000 in each fiscal year, beginning with fiscal year 2000-01, 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:
23.0956(1)(a)
(a) The corporation is exempt from taxation under section
501 (a) of the Internal Revenue Code.
23.0956(1)(b)
(b) The corporation was created to accept and to utilize private contributions made to protect and enhance the state's natural resources.
23.0956(2)
(2) A corporation receiving a grant under
sub. (1) shall use the grant to do all of the following:
23.0956(2)(a)
(a) Encourage private corporations and other private entities to undertake activities, including the contribution of money, that encourage management and restoration of the state's endangered wild animals, wild plants and natural communities.
23.0956(2)(b)
(b) Encourage private corporations and other private entities to engage in land management practices that protect and preserve natural resources.
23.0956(2)(c)
(c) Provide grants to nonprofit and other groups to encourage education, restoration and management activities to enhance the state's natural resources.
23.0956 History
History: 1999 a. 9.
23.0957
23.0957
Annual grants to a nonstock, nonprofit corporation; urban land conservation. 23.0957(1)(b)
(b) "Interested group" means a community group, nonprofit organization or local governmental unit that is interested in acquiring urban land for urban forestry protection, water resource management, conservation, recreation or other urban open space purposes.
23.0957(2)
(2) Recipient requirements. The department shall provide one grant of $75,000 in each fiscal year, to a nonstock, nonprofit corporation that meets all of the following requirements:
23.0957(2)(b)
(b) The corporation is 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.
23.0957(2)(c)
(c) The corporation has a board of directors or an advisory council or both with members who represent one or more urban or urbanizing areas and who collectively have an interest or expertise in all of the following:
23.0957(2)(d)
(d) The corporation contributes $25,000 in funds annually to be used with the grant under this subsection.
23.0957(3)
(3) A corporation receiving a grant under
sub. (2) may use the grant for urban forest protection, water resource enhancement or other urban open space objectives and shall do all of the following with the grant:
23.0957(3)(a)
(a) Provide to interested groups technical assistance, especially in the areas of urban open space real estate transactions, reclaiming and restoring the natural values of urban parks, urban forests and open space areas, designing and constructing amenities in open space areas, cultivating citizen participation in acquiring, developing and maintaining open space areas and securing public financing for open space areas.
23.0957(3)(c)
(c) Assist community groups, nonprofit organizations and local governmental units in acquiring urban property for open space purposes and in restoring urban property acquired for conservation, recreation and other open space purposes.
23.0957(3)(d)
(d) 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 and the president of the senate.
23.0957(4)
(4) A corporation receiving a grant under
sub. (2) may acquire urban property for conservation, recreation and other open space purposes.
23.0957 History
History: 1999 a. 9;
2001 a. 16.
23.096
23.096
Grants to nonprofit conservation organizations. 23.096(1)(b)
(b) "Property" means land or an interest in land.
23.096(2)(a)(a) The department may award grants from the appropriation under
s. 20.866 (2) (ta) or
(tz) to nonprofit conservation organizations to acquire property for all of the purposes described in
ss. 23.09 (2) (d) 1. to
7.,
9.,
11.,
12. and
15.,
(19),
(20) and
(20m),
23.092,
23.094,
23.17,
23.175,
23.27,
23.29,
23.293,
30.24 and
30.277.
23.096(2)(b)
(b) A grant awarded under this section may not exceed 50% of the acquisition costs of the property.
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.
