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.
23.0912
23.0912
Contracts for land management; reports. 23.0912(1)(1) The department may contract with nonprofit conservation organizations, as defined in
s. 23.0955 (1), and with private companies to perform land management activities on department land, as defined in
s. 23.0917 (1) (c).
23.0912(2)
(2) The department shall prepare, for the joint committee on finance, an annual report concerning any contracts into which the department enters under
sub. (1) during each fiscal year. For each contract entered, the report shall include information concerning the cost of the contract, the activities performed under the contract, and an assessment of the cost-effectiveness of the contract. The department shall submit the report to the committee no later than November 15 for the preceding fiscal year, and shall submit the first report no later than November 15, 2008.
23.0912 History
History: 2007 a. 20.
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.
23.0915(2c)(a)1.
1. "Commit for expenditure" means to encumber, set aside or otherwise commit or to expend without having previously encumbered or otherwise committed.
23.0915(2c)(a)2.
2. "Moneys available for expenditure" means moneys that have not been committed for expenditure.
23.0915(2c)(b)
(b) If the amount of moneys available for expenditure for a purpose under
sub. (1) (a) to
(n) on July 1, 2000, is greater than zero, the department may expend for that purpose any portion of or all of the moneys available for expenditure in one or more subsequent fiscal years.
23.0915(2c)(c)
(c) If the amount of moneys available for expenditure for a purpose under
sub. (1) (a) to
(k) is not sufficient for a given project or activity and if the project or activity is uniquely valuable in conserving the natural resources of the state, the department may expend for that project or activity moneys that are designated for any of the purposes under
sub. (1) (a) to
(k) in one or more subsequent years.
23.0915(2g)
(2g) Funds for Monona terrace project. If all of the money set aside under
s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under
s. 30.277. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.
23.0915(2j)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall expend $100,000 for the Flambeau Mine Trail and Rusk County visitor center.
23.0915(2j)(b)
(b) For purposes of
sub. (1) and
s. 23.17, moneys expended under this subsection shall be treated as moneys expended for trails.
23.0915(2m)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside $400,000 to be used only for the development of the Hank Aaron State Trail.
23.0915(2m)(d)
(d) For purposes of adjusting expenditure limits under
sub. (2) (a) to
(c), the amount set aside under
par. (a) shall be treated as moneys that were expended in fiscal year 1990-91 for wildlife habitat restoration under
s. 23.092.
23.0915(2m)(e)
(e) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside $290,000 for the Hank Aaron State Trail.
23.0915(2m)(em)
(em) For purposes of
sub. (1), moneys expended under
par. (e) shall be treated as moneys expended for wildlife habitat restoration under
s. 23.092.
23.0915(2m)(f)
(f) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside $670,000 for the Hank Aaron State Trail. For purposes of
sub. (1) moneys expended under this paragraph shall be treated as follows:
23.0915(2m)(g)
(g) None of the moneys set aside under this subsection may be expended for stadium parking or for any other purpose not directly related to the development of the Hank Aaron State Trail.
23.0915(2p)
(2p) Upper Whiting Park. From the appropriation under
s. 20.866 (2) (tz), the department shall provide to the village of Whiting $38,000 in fiscal year 1999-2000 for the development of Upper Whiting Park. Notwithstanding
s. 23.09 (20) (b), the 50% matching requirement under
s. 23.09 (20) (b) does not apply to the state aid provided under this subsection. For purposes of
sub. (1), moneys provided under this subsection shall be treated as moneys for local park aids.
23.0915(2r)
(2r) Acquisition of Grandfather Falls Recreation Area. 23.0915(2r)(a)(a) Subject to
par. (b), from the appropriation under
s. 20.866 (2) (tz), the department shall expend the moneys necessary to purchase approximately 1,485 acres of land in Lincoln County that is commonly known as the Grandfather Falls Recreation Area.
23.0915(2r)(b)
(b) The department may not expend more than $2,138,000 for the land specified under
par. (a).
23.0915(2r)(c)
(c) For purposes of
sub. (1), moneys expended under
par. (a) may be treated as moneys expended for any of the purposes specified under
sub. (1) (a) to
(k) or any combination of those purposes.
23.0915(3)
(3) Horicon Marsh interpretative center. 23.0915(3)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside during fiscal year 1991-92 $250,000 for a project to develop a vacant building to be used as an interpretative and administrative center for the Horicon Marsh area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
23.0915(3)(b)
(b) The department shall expedite the planning, design and development of the interpretative and administrative center.
23.0915(3m)
(3m) Crex Meadows Wildlife Area education center. 23.0915(3m)(a)(a) From the moneys appropriated under
s. 20.866 (2) (tz), the department shall set aside during fiscal year 1997-98 $250,000 for a project to construct and equip a wildlife education center for Crex Meadows Wildlife Area. Expenditures under this paragraph shall be made in a manner that, for every $3 received by the department from private grants, gifts or bequests for the project, $1 will be expended from the moneys under this paragraph.
23.0915(3m)(b)
(b) The department shall expedite the planning, design and development of the education center.
23.0915(3m)(c)
(c) For purposes of
sub. (1), moneys set aside by the department under this subsection shall be treated as moneys for general property development.
23.0915(4)
(4) Review by joint committee on finance. Beginning on December 31, 1995, the department may not encumber or expend from the appropriation under
s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. 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 proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure only upon approval of the committee.
23.0916
23.0916
Stewardship land access. 23.0916(1)(a)
(a) "Former managed forest land" means land that was withdrawn from the managed forest land program under
subch. VI of ch. 77 on or after October 27, 2007.
23.0916(1)(b)
(b) "Nature-based outdoor activity" means hunting, fishing, trapping, hiking, cross-country skiing, and any other nature-based outdoor activity designated by rule by the department for purposes of this section.
23.0916(1)(c)
(c) "Stewardship grant" means a grant that consists in whole or in part of funding from the stewardship program under
s. 23.0917.
23.0916(2)
(2) Requirement of access; nondepartment land.
