23.09(19)
(19) Aids for the acquisition of urban green space. 23.09(19)(a)1.
1. "Brownfields redevelopment" means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
23.09(19)(a)2.
2. "Governmental unit" means a city, village, town, county, lake sanitary district, as defined in
s. 30.50 (4q), public inland lake protection and rehabilitation district or the Kickapoo reserve management board.
23.09(19)(b)
(b) Any governmental unit may apply for state aid for the acquisition of lands and rights in lands for urban green space. Each application shall include a comprehensive description of the proposal for urban green space acquisition, plans for development and management of the land and any other information required by the department.
23.09(19)(c)
(c) The department may award grants from the appropriation under
s. 20.866 (2) (tz) for the acquisition of land or rights in land for urban green space under this subsection for the following purposes:
23.09(19)(c)1.
1. To provide an open natural space within or in proximity to urban development.
23.09(19)(c)2.
2. To protect from urban development an area or naturally formed feature that is within or in proximity to an urban area and that has scenic, ecological or other natural value.
23.09(19)(c)5.
5. To provide land for noncommercial gardening to be used by inhabitants of an urbanized area.
23.09(19)(cg)
(cg) The department may award grants from the appropriation under
s. 20.866 (2) (ta) for the acquisition of land or rights in land for urban green space under this subsection only for the purposes of nature-based outdoor recreation.
23.09(19)(cm)
(cm) In approving grants under this subsection and under
s. 23.096 for urban green space, the department shall give higher priority for projects related to brownfields redevelopment.
23.09(19)(d)
(d) Grants under this subsection shall be for up to 50% of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs.
23.09(19)(e)
(e) As part of its approval of a grant, the department shall specify for which of the purposes listed in
par. (c) the governmental unit may use the land or the rights in the land acquired with the grant. The governmental unit may not convert the land or the rights in the land acquired under this subsection to a use that is inconsistent with the uses as approved by the department.
23.09(19)(f)1.1. Except as provided in
subd. 2., title to land or to rights in land acquired under this subsection shall vest in the governmental unit.
23.09(19)(f)2.
2. Land or rights in land acquired under this subsection by the Kickapoo reserve management board shall vest in the state.
23.09(19)(g)
(g) The department may not approve a grant for costs associated with development, operation and maintenance of urban green space acquired under this subsection or for administrative costs of acquiring lands or rights in lands.
23.09(19)(h)
(h) The department may not approve a grant under this subsection unless the urban green space is identified in any master plan that the governmental unit may have.
23.09(19)(j)
(j) Any governmental unit that acquires an area for gardening with a grant under this subsection may charge fees for use of the garden that are sufficient to recover the costs of maintaining the area. The governmental unit may reduce or waive any fee charged based on the user's inability to pay.
23.09(19)(k)
(k) Except as provided in
s. 23.0915 (2), the department may not expend from the appropriation under
s. 20.866 (2) (tz) more than $750,000 in each fiscal year for urban green space under this subsection and for grants for urban green space under
s. 23.096.
23.09(19)(L)
(L) The department may not award a grant from the appropriation under
s. 20.866 (2) (tz) to the Kickapoo reserve management board.
23.09 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
23.09(20)
(20) Aids for the acquisition and development of local parks. 23.09(20)(ab)1.
1. "Governmental unit" means a municipality or the Kickapoo reserve management board.
23.09(20)(am)
(am) Any governmental unit may apply for state aids for the acquisition and development of recreational lands and rights in lands. State aids under this subsection that are expended from the appropriation under
s. 20.866 (2) (ta) may only be used for nature-based outdoor recreation. State aids received by a municipality shall be used for the development of its park system in accordance with priorities based on comprehensive plans submitted with the application and consistent with the outdoor recreation program under
s. 23.30. An application under this subsection shall be made in the manner the department prescribes.
23.09(20)(b)
(b) State aid under this subsection is limited to no more than 50% of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.
23.09(20)(d)
(d) Except as provided in
s. 23.0915 (2), the department may not expend from the appropriation under
s. 20.866 (2) (tz) more than $2,250,000 each fiscal year for local park aids under this subsection and for grants for this purpose under
s. 23.096.
23.09(20)(e)
(e) The department may not award state aid under this subsection from the appropriation under
s. 20.866 (2) (tz) to the Kickapoo reserve management board.
23.09 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
23.09(20m)
(20m) Grants for acquisition of development rights. 23.09(20m)(a)1.
1. "Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.
23.09(20m)(b)
(b) The department shall establish a program to award grants from the appropriation under
s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. The grants shall be limited to no more than 50% of the acquisition costs of the development rights.
23.09(21)
(21) Creation of new lakes. The department may create new lakes on lands under its supervision and control.
23.09(21m)
(21m) Environmental cleanup. The department may engage in environmental clean-up activities on the lands under its ownership, management, supervision or control.
23.09(22)
(22) Information to be included in geographic information systems. The department shall include physical and chemical information about groundwater and soil in its geographic information systems.
23.09(22m)
(22m) Siting of electric transmission facilities. The department shall implement the policy specified in
s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities.
23.09(25)
(25) Motorcycle recreational program. 23.09(25)(a)(a) The department shall administer an off-the-road Type 1 motorcycle recreational aid program from moneys appropriated under
s. 20.370 (5) (cv). The department shall distribute these funds to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities. The department may distribute these funds before July 1, 1989, to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of all-terrain vehicle areas and trails if these areas and trails are also available for use by off-the-road Type 1 motorcycles. In addition, the department may expend moneys appropriated under
s. 20.370 (5) (cv) for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River State Forest and the Bong State Recreation Area.
23.09(25)(b)
(b) The department shall promulgate rules and develop guidelines to administer this subsection.
23.09 Cross-reference
Cross Reference: See also ch.
NR 65, Wis. adm. code.
23.09(25)(c)
(c) The state or its agencies shall not be liable for any injury to any person or damage to any property in connection with or arising out of the use of any lands acquired, developed or operated under this subsection by a town, village, city or county.
23.09(26)
(26) Aids to counties for snowmobile purposes. 23.09(26)(a)(a) The procedures in
sub. (11) (a),
(d),
(e) and
(f) shall apply to this subsection except that the department shall consult with the snowmobile recreational council before adopting snowmobile trail construction standards, the restriction in
sub. (11) (a) as to county lands is not applicable, the restriction in
sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in
sub. (11) (e) as to requests for state aids exceeding available funds is not applicable.
23.09(26)(am)
(am) Counties may receive aids under this subsection distributed in accordance with
s. 350.12 (4) to:
23.09(26)(am)1.
1. Purchase lands or secure easements, leases, permits or other appropriate agreements, written or oral, permitting use of private property for snowmobile trails, facilities and areas, if such easements, leases, permits or other agreements provide public access to the trail, facility or area. No lands purchased or leases, easements, permits or agreements secured under authority of this section may be acquired by the county through condemnation. Counties shall certify to the department that such lands, easements, leases, permits or other appropriate agreements have been secured. However, when bridges, culverts, toilet facilities, parking lots or shelters are to be constructed under this section and the improvements are estimated to cost in excess of $3,000, the land underlying such improvements must be purchased by the county or secured by the county by written easements or leases having a term of not less than 3 years.
23.09(26)(am)2.
2. Enter into agreements with the department to use for snowmobile trails, facilities or areas lands owned or leased by the department. No lands of the department to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.
23.09(26)(am)3.
3. Develop and maintain snowmobile trails, facilities and areas on public lands designated by the county board or trails or areas under
subd. 1. or
2.
23.09(26)(am)4.
4. Enforce laws in or on snowmobile trails, facilities or areas. As used in this subdivision, "facility" means a parking area, shelter or toilet.
23.09(26)(am)5.
5. Undertake major reconstruction or rehabilitation projects to improve bridges on existing approved trails.
23.09(26)(b)
(b) The county board of any county, which, by resolution, indicates its desire to receive aids under this subsection shall apply to the department on forms prescribed by the department and submit required documentation as set forth by rule on or before April 15, beginning in 1978. A decision on an aid application shall be made by the department on or before July 1, beginning in 1978.
23.09(26)(c)
(c) Distribution of snowmobile trail funds shall be made on the basis of a priority system according to the following priority-ranked purposes:
23.09(26)(cg)2.
2. The acquisition of interests in land, by lease, easement, permit or other agreement if the term of the acquisition is for a period of less than 3 years.
23.09(26)(cr)2.
2. The acquisition of interests in land by lease, easement, permit, or other agreement if the term of the acquisition is for a period of 3 years or longer.
23.09(26)(d)
(d) Distribution of snowmobile trail development funds shall be limited to trails which provide a primary access route through one county and connect with another county's trails, provide access from population centers to main access trails or support a high volume of use. Counties applying for aid for snowmobile trail development shall identify the type of trail for which aid is being sought on the forms under
par. (b).
23.09(26)(e)
(e) Distribution of snowmobile trail development funds shall be made on the basis of a priority system according to the following priority-ranked criteria:
23.09(26)(e)1.
1. Trails in counties where there are no funded trails or trails are in short supply in comparison to demand.
23.09(26)(e)2.
2. Trails to be developed on public-owned or long-term easement land.
23.09(26)(e)3.
3. Trails which can be developed to provide more trail miles for less cost.
23.09(26)(f)1.1. Except as provided under
subd. 2., the maximum amount allowed for general trail development including bridge construction is $500 per mile.
23.09(26)(f)2.
2. The maximum amount allowed for general trail development including bridge construction may exceed $500 per mile if the amount is recommended by the snowmobile recreation council and approved by the department.
23.09 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
23.09 History
History: 1971 c. 40 s.
93;
1971 c. 125 s.
522 (1);
1971 c. 215,
277,
326;
1973 c. 251,
298,
333;
1975 c. 39 ss.
249,
249a,
250m,
734;
1975 c. 91,
200,
224,
365;
1977 c. 29,
402,
406;
1979 c. 34 ss.
699m to
701g,
2102 (39) (a);
1979 c. 89;
1981 c. 20 ss.
598 to
599s,
2202 (38) (c);
1981 c. 295;
1981 c. 390 s.
252;
1983 a. 27,
243;
1985 a. 29,
65,
322;
1985 a. 332 ss.
34,
251 (1);
1987 a. 27,
98,
295,
403;
1989 a. 31,
336,
359;
1991 a. 39,
269,
309;
1993 a. 16,
343,
436,
490;
1995 a. 27,
218,
257,
349,
417;
1997 a. 27,
35,
248,
313;
1999 a. 9,
32,
83;
2001 a. 38,
56,
104,
109;
2003 a. 33,
89.
23.09 Cross-reference
Cross Reference: See also ch.
NR 1, Wis. adm. code.
23.09 Annotation
A determination of necessity for condemning lands for conservation purposes is not invalidated by a showing that the board considered the question of whether the legislature might later decide to use the land for other purposes. Herro v. Natural Resources Board,
53 Wis. 2d 157,
192 N.W.2d 104 (1971).
23.09 Annotation
Property acquisition by the department when there is a bona fide intent not to condemn is discussed. 68 Atty. Gen. 3.
23.091
23.091
Recreation areas. 23.091(1)(1)
Designation. The department may acquire, develop, operate and maintain state recreation areas. State lands and waters may be designated as state recreation areas that are environmentally adaptable to multiple recreational uses, or are so located to provide regional or urban recreational opportunities or for preservation.
23.091(2)
(2) Master plan. The department may designate a recreational area only after a master plan for use and management of the area is prepared, public hearings on the plan are held in the county where the largest portion of land in the project is located, the procedures prescribed in
s. 1.11 are complied with, and the plan is approved by the natural resources board.
23.091(3)
(3) Use zones. The department may establish use zones within state recreation areas providing for the full range of recreational uses, including hunting and fishing. It may promulgate rules to control uses within zones and may limit the number of persons using any zone. Such use zones shall be consistent with the activities identified in the master plan formulated under
sub. (2).
23.091 Cross-reference
Cross Reference: See also ch.
NR 44, Wis. adm. code.
