23.0917(5)
(5) Adjustments for subsequent fiscal years. 23.0917(5)(a)(a) If for a given fiscal year the department obligates an amount from the moneys appropriated under
s. 20.866 (2) (ta) for a subprogram under
sub. (3) or
(4) that is less than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by raising the annual bonding authority, 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 authorized for that subprogram and the obligated amount for that subprogram in that given fiscal year.
23.0917(5)(b)
(b) If for a given fiscal year the department obligates an amount from the moneys appropriated under
s. 20.866 (2) (ta) for a subprogram under
sub. (3) or
(4) that is more than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by lowering the annual bonding authority, 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 authorized for that subprogram from the obligated amount, as it may be affected under
par. (c) or
(d), for that subprogram in that given fiscal year.
23.0917(5)(c)
(c) The department may not obligate for a fiscal year an amount from the moneys appropriated under
s. 20.866 (2) (ta) for a subprogram under
sub. (3) or
(4) that exceeds the amount equal to the annual bonding authority for that subprogram as it may have been previously adjusted under
pars. (a) and
(b), except as provided in
par. (d).
23.0917(5)(d)
(d) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under
sub. (3) or
(4), or the amount equal to the annual bonding authority for that subprogram, as adjusted under
pars. (a) and
(b), whichever amount is applicable, the department may also obligate for that subprogram up to 100% of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board determines that all of the following conditions apply:
23.0917(5)(d)1.
1. That moneys appropriated for that subprogram to the department under
s. 20.370 and the moneys appropriated for that subprogram under
s. 20.866 (2) (ta),
(tp) to
(tw),
(ty) and
(tz) do not provide sufficient funding for the project or activity.
23.0917(5)(d)2.
2. That any land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state.
23.0917(5)(d)3.
3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible.
23.0917(5m)(a)(a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under
sub. (6m), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land.
23.0917(5m)(b)
(b) For each land acquisition transaction under this subsection, all of the following apply:
23.0917(5m)(b)2.
2. All proceeds from the sale of the land, up to the amount obligated under
par. (a) as determined by the secretary of administration, shall be deposited in the general fund and credited to the appropriation account under
s. 20.370 (7) (ag). Notwithstanding
s. 25.29 (1) (a), the proceeds in excess of the amount obligated under
par. (a) shall be deposited in the general fund.
23.0917(5m)(b)3.
3. For bonds that are retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority for the fiscal year in which the bonds are retired by an amount equal to the total amount of the bonds issued for the sale that have been retired in that fiscal year.
23.0917(5m)(b)4.
4. For bonds that are not retired from the proceeds of the sale of the acquired land within 3 years after the date on which the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by decreasing the available bonding authority for the next fiscal year beginning after the end of that 3-year period by an amount equal to the total amount of the bonds that have not been retired from such proceeds in that fiscal year and, if necessary, shall decrease for each subsequent fiscal year the available bonding authority in an amount equal to that available bonding authority or equal to the amount still needed to equal the total amount of the bonds that have not been retired from such proceeds, whichever is less, until the available bonding authority has been decreased by an amount equal to the total of the bonds that have not been retired.
23.0917(5m)(c)
(c) Notwithstanding
sub. (2) (a) 1., land acquired under this subsection need not be for conservation or recreational purposes.
23.0917(5m)(d)
(d) The department of administration shall monitor all transactions under this subsection to ensure compliance with federal law and to ensure that interest on the bonds is tax-exempt for the holders of the bonds.
23.0917(6m)(a)(a) The department may not obligate from the appropriation under
s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. The committee may schedule a meeting to review the department's proposal only if at least 5 members of the committee, one of whom is a cochairperson, object to the proposal in writing. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee unless
par. (b) applies.
23.0917(6m)(b)
(b) If the committee does not hold the meeting to review the department's proposal within the time specified in
par. (bg), the department may obligate the moneys.
23.0917(6m)(bg)1.1. Except as provided in
subd. 2., the committee shall hold a meeting to review the department's proposal within 16 working days after the cochairpersons notify the department that a meeting has been scheduled.
23.0917(6m)(bg)2.
2. The committee shall hold a meeting to review the department's proposal within 31 working days after the cochairpersons notify the department that a meeting has been scheduled if the notification is made after the last day of the legislature's final general-business floorperiod but before the convening of the next legislature on the day specified under
s. 13.02 (1).
23.0917(6m)(c)
(c) The procedures under
pars. (a) and
(b) apply only to an amount for a project or activity that exceeds $750,000, except as provided in
pars. (d) and
(dm).
23.0917(6m)(dm)
(dm) The procedures under
pars. (a) and
(b) apply to an amount for a project or activity that is less than or equal to $750,000 if all of the following apply:
23.0917(6m)(dm)1.
1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under
s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000.
23.0917(6m)(dm)2.
2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under
pars. (a) and
(b).
23.0917(6m)(e)
(e) This subsection does not apply to moneys obligated for the purpose of property development as described under
sub. (4) or to moneys obligated for land acquired by the department under
s. 24.59 (1).
23.0917(7)
(7) Calculation of grant amounts; appraisals. 23.0917(7)(b)
(b) For land that has been owned by the current owner for less than one year, the acquisition costs of the land shall equal the owner's acquisition price.
23.0917(7)(c)
(c) For land that has been owned by the current owner for one year or more but for less than 3 years, the acquisition costs of the land shall equal the sum of the current owner's acquisition price and the annual adjustment increase.
23.0917(7)(d)
(d) For purposes of
par. (c), the annual adjustment increase shall be calculated by multiplying the owner's acquisition price by 5% and by then multiplying that product by one of the following numbers:
23.0917(7)(d)1.
1. By one if the land has been owned by the current owner for one year or more but for less than 2 years.
23.0917(7)(d)2.
2. By 2 if the land has been owned by the current owner for 2 years or more but for less than 3 years.
23.0917(7)(e)1.1. For any land for which moneys are proposed to be obligated from the appropriation under
s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under
s. 23.09 (19),
(20), or
(20m) or
30.277 or to a nonprofit conservation organization under
s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under
s. 20.866 (2) (ta).
23.0917(7)(e)2.
2. Subdivision 1. does not apply if the fair market value of the land is estimated by the department to be $350,000 or less.
23.0917(7)(f)2.
2. For any acquisition of any land that is funded with moneys obligated from the appropriation under
s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under
s. 70.32 (1).
23.0917(8)(a)(a) The department may not obligate moneys from the appropriation under
s. 20.866 (2) (ta) for the acquisition of land for golf courses or for the development of golf courses.
23.0917(8)(b)
(b) The department may not obligate moneys from the appropriation under
s. 20.866 (2) (ta) 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.
23.0917(8)(c)
(c) The department may not obligate moneys from the appropriation under
s. 20.866 (2) (ta) 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.
23.0917(8)(d)
(d) The department may not acquire land using moneys from the appropriation under
s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in
s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in
s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions.
23.0917(8)(e)
(e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under
s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size.
23.0917(12)
(12) Expenditures after June 30, 2020. If the remaining bonding authority for a subprogram under
sub. (3),
(4), or
(4j) on June 30, 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.
23.0918
23.0918
Natural resources land endowment fund. 23.0918(1)(1) In this section, "land" includes any buildings, facilities or other structures located on the land.
23.0918(2)
(2) Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants, or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing, or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in
s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant, or bequest, principal and income are determined as provided under
s. 701.20.
23.0918 History
History: 1999 a. 9;
2005 a. 10.
23.0919
23.0919
Wisconsin outdoor wildlife heritage trust fund. Expenditures from the Wisconsin outdoor wildlife heritage trust fund may be used only for the improvement and maintenance of fish and wildlife habitat. For purposes of this section, improvement and maintenance of fish and wildlife habitat does not include the acquisition of land for such habitat.
23.0919 History
History: 2001 a. 92.
23.092(1b)(1b) In this section, "nonprofit conservation organization" has the meaning given in
s. 23.0955 (1).
23.092(1m)
(1m) The department shall designate habitat areas in order to enhance wildlife-based recreation in this state, including hunting, fishing, nature appreciation and the viewing of game and nongame species. The department may not designate an area as a habitat area under this subsection if the area is located within the boundaries of a project established by the department before August 9, 1989.
23.092(2)
(2) For each area designated under
sub. (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.
23.092(3)
(3) The department may acquire easements for habitat areas by gift or devise or beginning on July 1, 1990, by purchase. The department may acquire land for habitat areas by gift, devise or purchase.
23.092(4)
(4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under
s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in
s. 23.096 (2m).
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. 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) (ta) or
(tz) or both 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. The department shall determine how the moneys being released are to be allocated from these appropriations.
23.092(5)(b)
(b) If the moneys allocated under
par. (a) for release from the appropriation under
s. 20.866 (2) (ta) to match a donation under
par. (a) will exceed the annual bonding authority for the subprogram under
s. 23.0917 (3) for a given fiscal year, as adjusted under
s. 23.0917 (5), the department shall release from the moneys appropriated under
s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under
s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under
s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under
s. 23.0917 (5), or equal 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 from the appropriation under
s. 20.866 (2) (tz) 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.
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 from the appropriation under
s. 20.866 (2) (tz) to political subdivisions to purchase these lands and easements. The department may make grants under
s. 23.096 from the appropriation under
s. 20.866 (2) (ta) or
(tz) or both. Whenever possible, the land or easement shall include the land within at least 66 feet from either side of the stream.
23.094(3m)
(3m) Limits. Except as provided in
s. 23.096 (2m), a grant under
sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.
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.
