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.
23.0915
23.0915
Warren Knowles-Gaylord Nelson stewardship program. 23.0915(1)(1)
Designated amounts. The legislature intends that the department will expend the following designated amounts under the Warren Knowles-Gaylord Nelson stewardship program from the appropriation under
s. 20.866 (2) (tz) for the following purposes in each fiscal year, the expenditures beginning with fiscal year 1990-91 and ending in fiscal year 1999-2000, except as provided in
sub. (2c):
23.0915(1)(a)
(a) General land acquisition, urban river grants and the Frank Lloyd Wright Monona terrace project, $8,600,000.
23.0915(1)(d)
(d) Lower Wisconsin state riverway acquisition, $2,000,000.
23.0915(1)(Lr)
(Lr) Flambeau Mine Trail, a total of $100,000, to be expended beginning in fiscal year 1997-98.
23.0915(1)(m)
(m) Horicon Marsh interpretative center, a total of $250,000, to be expended beginning in fiscal year 1991-92.
23.0915(1)(n)
(n) Crex Meadows Wildlife Area education center, a total of $250,000, to be expended beginning in fiscal year 1997-98.
23.0915(1g)
(1g) Land acquisition; urban river grants. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, the department for each fiscal year shall designate for expenditure $1,900,000 of the moneys appropriated under
s. 20.866 (2) (tz) for land acquisition for urban river grants under
s. 30.277.
23.0915(1m)(a)1.1. The department may not expend moneys from the appropriation under
s. 20.866 (2) (tz) for the acquisition of land for golf courses or for the development of golf courses.
23.0915(1m)(a)2.
2. Subdivision 1. does not apply to the expenditure of moneys approved under an application that was made before April 1, 1995, and that was approved by the department before April 10, 1995.
23.0915(1m)(b)
(b) The department may not expend moneys from the appropriation under
s. 20.866 (2) (tz) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation.
23.0915(1m)(c)
(c) The department may not expend moneys from the appropriation under
s. 20.866 (2) (tz) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition.
23.0915(1r)
(1r) Amounts for certain fiscal years; land acquisition; urban river grants. Notwithstanding
sub. (1g), for fiscal years 1993-94, 1994-95 and 1995-96, the department shall designate for expenditure for each fiscal year $1,900,000 of the moneys appropriated under
s. 20.866 (2) (tz) by making the following calculations:
23.0915(1r)(a)
(a) The department shall set aside $1,000,000 in each fiscal year to be used only for the Frank Lloyd Wright Monona terrace project as provided in
s. 23.195.
23.0915(1r)(c)
(c) For land acquisition, the department shall designate for expenditure $900,000 for urban river grants under
s. 30.277 and for grants under
s. 23.096 for the purposes under
s. 30.277 (2) (a).
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 Warren Knowles-Gaylord Nelson 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 Warren Knowles-Gaylord Nelson 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.
