23.09 Cross-referenceCross-reference: See also ch. NR 50, Wis. adm. code. 23.09(13)(13) Bong Air Base. The department may acquire by gift, purchase or otherwise the federally-owned lands, improvements and appurtenances thereto within the Bong Air Base in Kenosha County which may be disposed of by the federal government to be used by the department for any of the purposes in sub. (2) (d). The department may establish zones within the boundaries of the Bong air base which offer a wide range of variable opportunities for active outdoor recreation consistent with sub. (2) (d) and may promulgate rules to control the activities within the zones. 23.09(15)(15) Fees for hunting pheasants on department land. If the department requires payment of a fee in order to hunt pheasants on land under its management and control, all of those fees shall be credited to the appropriation account under s. 20.370 (1) (hw). 23.09(17m)(17m) Grants to counties for the development of wildlife habitat on county forests. 23.09(17m)(a)(a) The county board of any county, which by resolution indicates its desire to improve the natural environment for wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as). 23.09(17m)(b)(b) The annual allocation for each county shall not exceed 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget. 23.09(17m)(c)(c) Wildlife management operations shall be limited to approved projects designed to benefit wildlife and the natural environment. 23.09(17m)(d)(d) Application shall be made as part of the comprehensive county forest land use plan prepared under s. 28.11. Before approving the plan, the department shall investigate all project proposals to make certain that the project is feasible, desirable and consistent with the plan. If the department approves the plan, the department shall pay the aids to the wildlife management fund account of the county. The county’s wildlife management fund shall be a nonlapsing account except as provided in pars. (h) and (hg). 23.09(17m)(f)(f) Completion of such projects authorized by the department shall be certified by a representative of the department. All records of receipts and expenditures from the county wildlife management fund account shall be available to the department for inspection and audit at any time. 23.09(17m)(g)(g) Any unauthorized expenditures from the county wildlife management fund account shall be restored to such fund upon demand by the department and if not restored shall become a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years. 23.09(17m)(h)(h) If the amount of the unencumbered balance in a county’s wildlife management fund account exceeds either of the following, the department may demand that the county repay the excess amount to the department: 23.09(17m)(h)1.1. The amount that is equal to the sum of the allocations received by the county for the 3 previous years. 23.09(17m)(h)2.2. The amount, as determined by the department, that is required for the purposes of this subsection. 23.09(17m)(hg)(hg) If the unencumbered balance in a county’s wildlife management fund exceeds both of the amounts specified in par. (h) 1. and 2., the department may demand that the county repay either excess amount. 23.09(17m)(hr)(hr) If the county fails to comply with the department’s demand under par. (h) or (hg), the applicable excess amount shall become a charge against the county, and the secretary of state shall include the amount in the state tax levy of the county in subsequent years. 23.09(17m)(i)(i) Expenditures under this subsection on any land withdrawn from s. 28.11 and the title to which is transferred by the county to other than a public agency shall be reimbursed to the department in an amount not to exceed the prorated value of the remaining useful lifetime of the wildlife habitat development. 23.09(18)(18) Forest croplands and managed forest lands aids. 23.09(18)(a)(a) In each fiscal year, the department shall make payments to each county that has more than 40,000 acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of that fiscal year. 23.09(18)(b)(b) The amount of the payment made in a fiscal year to an eligible county shall equal the county’s proportionate share of the moneys appropriated under s. 20.370 (5) (br) for the fiscal year. An eligible county’s proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (5) (br) for the fiscal year. 23.09(18)(c)(c) The department shall calculate and issue the payment for each eligible county by October 1 following each fiscal year. 23.09(18m)(18m) National forest income. If the governor designates the department under s. 16.54 (2) to distribute moneys received by the state as national forest income under 16 USC 500, the department shall distribute the moneys to school districts that contain national forest lands within their boundaries. The distribution to each school district shall be in proportion to the national forest acreage in each school district. 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) Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50 percent 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-referenceCross-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) Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50 percent 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-referenceCross-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. Except as provided in s. 23.096 (2m), the grants shall be limited to no more than 50 percent 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(23)(23) Voluntary contributions; Natural Resources Foundation of Wisconsin. 23.09(23)(a)(a) In this subsection, “approval” means any type of approval or authorization issued by the department under ch. 29, subch. V. of ch. 30, or s. 23.33 (2), 23.335 (3) or (5), 27.01, or 350.12, including a license, permit, certificate, stamp, tag, registration, or vehicle admission receipt. 23.09(23)(b)(b) Any applicant for an approval may, in addition to paying any fee charged for the approval, elect to make a voluntary contribution of at least $2 to the Natural Resources Foundation of Wisconsin to be used by the Natural Resources Foundation of Wisconsin to establish an endowment program to support habitat management activities on land owned or managed by this state. 23.09(23)(d)(d) The department shall enter into an agreement with the Natural Resources Foundation of Wisconsin to make payments, at least annually, from the appropriation under s. 20.370 (5) (fw) to the Natural Resources Foundation of Wisconsin to be used by the Natural Resources Foundation of Wisconsin to establish an endowment program to support habitat management activities on land owned or managed by this state. The memorandum of agreement shall include a description of the types of activities that the Natural Resources Foundation of Wisconsin will support under the endowment program, the manner in which the endowment program funds will be managed, and, if the Natural Resources Foundation of Wisconsin will make grants under the endowment program, the methods that will be used to award the grants. 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)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.
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Chs. 23-34, Public Domain and the Trust Funds
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