23.197
23.197
Warren Knowles-Gaylord Nelson stewardship programs; specific projects or activities. 23.197(1)
(1)
Root River; multipurpose pathway. 23.197(1)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding to the city of Racine for a multipurpose pathway along the Root River. The amount provided by the department may not exceed the amount that equals the matching contribution for the pathway made by the city of Racine or $1,125,000, whichever is less.
23.197(1)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(2)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding to the city of Fort Atkinson for the restoration of a river wall along the Rock River. The amount provided by the department may not exceed the amount that equals the matching contribution made for the river wall by the city of Fort Atkinson or $96,500, whichever is less. The requirements for matching contributions under
s. 30.277 (5) shall apply.
23.197(2)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for urban river grants. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.197(2m)
(2m) Kickapoo valley reserve; visitor center. From the appropriation under
s. 20.866 (2) (ta), the department shall provide $2,370,000 to the Kickapoo reserve management board for construction of a visitor center and administration building at the Kickapoo valley reserve. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(3)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide the amount necessary for the development of a recreational area on Keyes Lake in Florence County, but the amount may not exceed $125,000.
23.197(3)(b)
(b) The department shall determine how the moneys being provided under
par. (a) will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(3m)(a)(a) From the appropriation under
s. 20.866 (2) (ta) or
(tz) or both, the department shall provide funding in the amount of $50,000 to rebuild the chalet at Rib Mountain State Park. The department shall determine how the moneys being provided under this paragraph will be allocated between the appropriations under
s. 20.866 (2) (ta) and
(tz). For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for general property development. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.197(3m)(b)
(b) In addition to the amounts provided under
par. (a), the department shall provide, from the appropriation under
s. 20.866 (2) (ta), funding in the amount of $1,000,000 to reconstruct the chalet at Rib Mountain State Park for which funding is provided under
par. (a). For purposes of
s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(4)
(4) Grant for land acquisition and habitat restoration. 23.197(4)(a)1.
1. "Nonprofit organization" means a nonprofit corporation, a charitable trust or other nonprofit association 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.
23.197(4)(b)
(b) From the appropriation under
s. 20.866 (2) (ta), the department may award a single grant of $20,000 to an organization that is not a nonprofit organization but that has entered into an agreement with a nonprofit organization in order to apply for the grant. The grant may be used for land acquisition for conservation or recreation purposes or for habitat restoration or both. For purposes of
s. 23.0917, moneys obligated for this grant shall be treated as moneys obligated under the subprogram for land acquisition.
23.197(4)(c)
(c) In order to receive the grant under this section, the nonprofit organization and the other organization who are parties to the agreement specified under
par. (b) shall enter into a contract with the department that contains conditions imposed by the department on the use of the grant, on any land acquired with moneys from the grant and on any transfer to a 3rd party of any such acquired land.
23.197(4)(d)
(d) Title to the land acquired with moneys from the grant under this section shall vest in the nonprofit organization. If the nonprofit organization or the other organization violates any essential provision of the contract entered into under
par. (c), title to the land shall vest in the state.
23.197(6)
(6) Sheboygan; riverfront park. From the appropriation under
s. 20.866 (2) (tz), the department shall provide $173,763 for the development and expansion of Workers Water Street Riverfront Park in the city of Sheboygan. For purposes of
s. 23.0915 (1), moneys provided from the appropriation under
s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under
s. 23.0915 (1) (a) to
(k) or any combination of those purposes.
23.197(7m)
(7m) Wisconsin agricultural stewardship initiative facility. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in the amount of $1,000,000 for the Wisconsin agricultural stewardship initiative at the University of Wisconsin-Platteville and the University of Wisconsin-Madison, to construct a facility to be used for conducting research and for training farmers concerning the development of sound environmental farming practices. For purposes of
s. 23.0917, moneys provided under this subsection shall be treated as moneys obligated under either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(8)
(8) State fair park construction. From the appropriation under
s. 20.866 (2) (ta), the department shall provide $2,000,000 for projects that are approved by the state fair park board. For purposes of
s. 23.0917, moneys provided under this subsection shall be treated as moneys obligated under either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(9)
(9) Prairie River restoration. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding to the city of Merrill in the amount of $450,000 for a project to restore an area on the exposed bed of the former flowage on the Prairie River. For the purposes of
s. 23.0917, moneys provided under this subsection from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.
23.197(10)
(10) Mirror Lake; boating access. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk County and in the streams flowing into the lake. For the purposes of
s. 23.0917, moneys provided under this subsection from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(11)
(11) Jersey Valley Lake. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $500,000 to Vernon County to restore Jersey Valley Lake. The funding authorized under this subsection shall be in a manner that, for every $1 expended by Vernon County for the repairs and installation, the department shall provide $3. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(12)
(12) Milwaukee Metropolitan Sewerage District; flood management. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to a nationwide nonprofit conservation organization dedicated to land and water resource preservation to acquire land for a flood management program conducted by the Milwaukee Metropolitan Sewerage District and for habitat restoration on the acquired land. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the nationwide nonprofit conservation organization for the land acquisition, the department shall provide $3. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(13)
(13) Green Bay; recreational trail. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the city of Green Bay for the land acquisition, the department shall provide $3. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197(14)
(14) Antigo; trail development. From the appropriation under
s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $600,000 to the city of Antigo for property development related to the ice age trail and the Springbrook trail located within the city. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the city of Antigo for the property development, the department shall provide $1. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.197 History
History: 1999 a. 9,
84;
2001 a. 16;
2007 a. 20.
23.198
23.198
Milwaukee Lakeshore State Park. 23.198(1)(a)(a) From the appropriation under
s. 20.866 (2) (ta), the department shall provide up to $4,500,000 for the development of Milwaukee Lakeshore State Park. For purposes of
s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under either or both of the subprograms under
s. 23.0917 (3) and
(4).
23.198(1)(b)
(b) From the appropriation under
s. 20.866 (2) (tz), the department shall provide up to $500,000 for development of a state park as described in
par. (a). For purposes of
s. 23.0915 (1), moneys provided under this paragraph shall be treated as moneys expended for general property development.
23.198(2)(a)(a) The department shall expend the following amounts from the appropriation under
s. 20.370 (5) (cq) for the development of a state park as described in
sub. (1):
23.198(2)(a)1.
1. Up to $2,400,000 of the moneys appropriated from that appropriation for fiscal year 1999-2000.
23.198(2)(a)2.
2. Up to $2,000,000 of the moneys appropriated from that appropriation for fiscal year 2000-01.
23.198(2)(b)
(b) Of the amounts authorized for expenditure under
par. (a) 1., the department shall provide up to $400,000 to the Milwaukee Art Museum for the construction of a breakwater.
23.198(2)(c)
(c) Beginning on July 1, 2000, the department shall expend from the appropriation under
s. 20.370 (7) (fs) $1,000,000 for a state park as described in
sub. (1).
23.198 History
History: 1999 a. 9,
185;
2001 a. 16.
23.1985
23.1985
Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2019-20, from the appropriation under
s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under
s. 24.59 (1). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of
s. 23.0917, moneys provided from the appropriation under
s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under
s. 23.0917 (3).
23.1985 History
History: 2005 a. 352;
2007 a. 20.
23.20
23.20
Use of department gravel pits. The department may permit any town, county or state agency to obtain gravel, sand, fill dirt or other fill material needed for road purposes from any department-owned gravel pit or similar facility if this material is unavailable from private vendors within a reasonable distance of the worksite. The department may require environmental safeguards before permitting a town, county or state agency to obtain this material. The department shall charge a fee for this material commensurate with the fee charged by private vendors.
23.20 History
History: 1981 c. 131;
1985 a. 202.
23.22
23.22
Invasive species. 23.22(1)(1)
Definitions. In this section:
23.22(1)(a)
(a) "Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.
23.22(1)(b)
(b) "Council" means the invasive species council.
23.22(1)(c)
(c) "Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
23.22(1)(d)
(d) "State agency" means a board, commission, committee, department, or office in the state government.
23.22(2)
(2) Department responsibilities. 23.22(2)(a)(a) The department shall establish a statewide program to control invasive species in this state.
23.22(2)(b)
(b) As part of the program established under
par. (a), the department shall do all of the following:
23.22(2)(b)1.
1. Create and implement a statewide management plan to control invasive species in this state, which shall include inspections as specified under
sub. (5).
23.22(2)(b)2.
2. Administer the program established under
s. 23.24 as it relates to invasive aquatic plants.
23.22(2)(b)3.
3. Encourage cooperation among state agencies and other entities to control invasive species in this state.
23.22(2)(b)4.
4. Seek public and private funding for the program.
23.22(2)(b)5.
5. Provide education and encourage and conduct research concerning invasive species.
23.22(2)(b)6.
6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under
sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.
23.22(2)(c)
(c) Under the program established under
par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 75 percent of the costs of projects to control invasive species. The rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients. Eligible projects shall include education and inspection activities at boat landings. The rules shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under
sub. (3) (c).
23.22 Cross-reference
Cross Reference: See also ch.
NR 198, Wis. adm. code.
23.22(3)(a)(a) The council shall make recommendations to the department for a system for classifying invasive species under the program established under
sub. (2). The recommendations shall contain criteria for each classification to be used, the allowed activities associated with each classification, criteria for determining state priorities for controlling invasive species under each classification, and criteria for determining the types of actions to be taken in response to the introduction or spread of an invasive species under each classification.
23.22(3)(b)
(b) Under the program established under
sub. (2), the council shall conduct studies of issues related to controlling invasive species. The studies shall address all of the following:
23.22(3)(b)1.
1. The effect of the state's bait industry on the introduction and spread of invasive species.
23.22(3)(b)2.
2. The effect of the state's pet industry on the introduction and spread of invasive species.
23.22(3)(b)3.
3. The acquisition of invasive species through mail order and Internet sales.
23.22(3)(c)
(c) The council shall make recommendations to the department on the establishment of a procedure for awarding cost-sharing grants under
sub. (2) (c) to public and private entities for up to 50% of the costs of eligible projects to control invasive species. The recommendations shall contain criteria for determining eligibility for these grants and for determining which applicants should be awarded the grants.
23.22(3)(d)
(d) To assist the council in its work, the council shall create 4 subcommittees on the subjects of education, research, regulation, and interagency coordination. The council may create additional subcommittees on other subjects.
23.22(5)
(5) Inspections. As part of the statewide management plan, the department shall create a watercraft inspection program under which the department shall conduct periodic inspections of boats, boating equipment, and boat trailers entering and leaving navigable waters and shall educate boaters about the threat of invasive species that are aquatic species. The department shall encourage the use of volunteers or may use department employees for these inspections.
23.22(6)(a)(a) The department shall submit to the legislature under
s. 13.172 (2), and to the governor and the council, a biennial report that includes all of the following:
23.22(6)(a)1.
1. Details on the administration of the program established under
sub. (2), including an assessment as to the progress that is being made in controlling invasive species in this state.
23.22(6)(a)2.
2. A description of state funding that has been expended under the program.
23.22(6)(a)3.
3. A description of funding from other sources that has been expended to control invasive species in this state.
23.22(6)(a)4.
4. An assessment of the future needs of the program.
23.22(6)(b)
(b) The department shall submit the biennial report under
par. (a) before July 1 of each even-numbered year. The first biennial report shall be submitted no later than July 1, 2004. Each report shall cover the 24-month period ending on the March 31 that immediately precedes the date of the report.
23.22(6)(c)
(c) In addition to the report required under
par. (a), the department shall submit an interim performance report to the legislature under
s. 13.172 (2), and to the governor and the council, on the progress that has been made on the control of invasive species. The department shall submit this interim performance report before July 1 of each odd-numbered year. The first interim performance report shall be submitted no later than July 1, 2005. Each interim performance report shall cover the 12-month period ending on the March 31 that immediately precedes the date of the interim performance report.
23.22(7)
(7) Appearance before legislature. Upon request of a standing committee of the legislature with jurisdiction over matters related to the environment, natural resources, or agriculture, the director of the program shall appear to testify.
23.22(8)(a)(a) Except as provided in
pars. (b) and
(c), any person who violates a rule promulgated under
sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.
23.22(8)(b)
(b) Any person who intentionally violates any rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.
23.22(8)(c)
(c) A person who violates a rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under
sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
23.22(8)(d)
(d) The court may order a person who is convicted under
par. (a),
(b), or
(c) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.
23.22(9)(a)(a) If the department of natural resources finds that any person is violating a rule promulgated under
sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under
sub. (8) (a), the department of natural resources may do one or more of the following:
