23.293(12)(12) Land dedication; partial interest; land of other state agencies; notice prior to sale or transfer. The department may not accept land for dedication under the ice age trail program if the land dedication involves the transfer of a partial interest in the land to the state unless adequate provisions for notice are provided. Land under the ownership of the state but under the management and control of another state agency may not be accepted for dedication under the ice age trail program unless adequate provisions for notice are provided. At a minimum, adequate provisions for notice shall require 30 days’ notice to the department before any sale, transfer or conveyance of the land or an interest in the land. The department may not regulate or prohibit the sale, transfer or conveyance of a dedicated ice age trail area or an interest in a dedicated ice age trail area but the department may ensure that the grantee, lessee or other party is informed of the dedication and understands that restrictions, conditions, obligations, covenants and other provisions in the dedication and articles of dedication run with the land and are binding on subsequent grantees, lessees and similar parties. No sale, transfer or conveyance of a dedicated ice age trail area may violate the dedication or the articles of dedication. The register of deeds shall notify the department if a dedicated ice age trail area is transferred by will or as part of an estate. 23.293(13)(13) Articles of dedication; form. Articles of dedication are not in proper form unless they are prepared as a conservation easement under s. 700.40 or in another form acceptable to the department. Articles of dedication are not in proper form unless they run with the land and are binding on all subsequent purchasers or any other successor to an interest in the land. Articles of dedication are not in proper form unless the articles qualify as an instrument which is valid and meets the requirements for recording under s. 706.04. 23.293(14)(14) Articles of dedication; amendment; justification. The articles of dedication may not be amended or revised unless the amendment or revision serves a valid public purpose, no prudent alternative exists and the amendment or revision would not significantly injure or damage the ice age trail. 23.293(15)(15) Articles of dedication; amendment; procedure. The articles of dedication may not be amended or revised until and unless: 23.293(15)(a)(a) Agreement. The department and any other party with a property interest in the dedicated ice age trail area agree to the proposed amendment or revision. 23.293(15)(b)(b) Findings. The department issues written findings justifying the proposed amendment or revision under sub. (14). 23.293(15)(c)(c) Notice and hearing. A public hearing is conducted in the county where the dedicated ice age trail area is located following publication of a class 1 notice, under ch. 985, which announces the hearing and summarizes the department’s findings. 23.293(15)(d)(d) Standing committee approval. The appropriate standing committee in each house of the legislature, as determined by each presiding officer, approves the proposed amendment or revision. 23.293(15)(e)(e) Approval by governor. The governor approves the proposed amendment or revision. 23.293(15)(f)(f) Recording. The amendment or revision is recorded in the office of the register of deeds. 23.293(16)(16) Withdrawal; justification. The department may not withdraw a state ice age trail area from the state ice age trail areas system unless: 23.293(16)(a)(a) Extinction of value. The value which enabled the area to be considered a dedicated ice age trail area no longer exists or was destroyed or damaged to such an extent that the area has no importance or has a low level of importance as determined by the department. 23.293(16)(b)(b) Superseding public purpose. The withdrawal serves a superseding and imperative public purpose and no prudent alternative exists. 23.293(17)(17) Withdrawal; procedure. The department may not withdraw a dedicated ice age trail area from the state ice age trail areas system until and unless: 23.293(17)(a)(a) Findings. The department issues written findings justifying the proposed withdrawal under sub. (16) (a) or (b). 23.293(17)(b)(b) Notice and hearing. A public hearing is conducted in the county where the dedicated ice age trail area is located following publication of a class 1 notice, under ch. 985, which announces the hearing and summarizes the department’s findings. 23.293(17)(c)(c) Standing committee approval. The appropriate standing committee in each house of the legislature, as determined by each presiding officer, approves the proposed withdrawal. 23.293(17)(d)(d) Approval by governor. The governor approves the proposed withdrawal. 23.293(17)(e)(e) Recording. The withdrawal is recorded with the register of deeds. 23.293(18)(18) Department authority. The department shall administer this section and shall encourage and facilitate the voluntary dedication of lands under the ice age trail program. The department may promulgate rules and establish procedures to aid in the administration and enforcement of this section. The department may provide legal advice and may prepare model articles of dedication to facilitate the dedication of lands under the ice age trail program. 23.293(19)(19) Enforcement. The department and its agents, the department of justice, and peace officers, as defined under s. 939.22 (22), but not including commission wardens, as defined under s. 939.22 (5), have jurisdiction on dedicated ice age trail areas. 23.293(20)(20) Injunctive relief. The department, or the department of justice on its own initiative or at the request of the department, may initiate an action seeking injunctive relief against any person violating the articles of dedication of a dedicated ice age trail area. 23.29523.295 Ice age trail area grants. 23.295(1)(b)(b) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing. 23.295(2)(2) The department shall provide one grant of $75,000 in each fiscal year, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that meets all of the following requirements: 23.295(2)(b)(b) The corporation is described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code. 23.295(2)(c)(c) The corporation has a board of directors or an advisory council or both whose members represent different geographic areas of the ice age trail area, and at least one-third of whom are current or former ice age trail volunteers. 23.295(2)(d)(d) The board of directors or an advisory council of the corporation or both collectively have an interest or expertise in all of the following: 23.295(2)(e)(e) The corporation contributes $25,000 in funds annually to be used with the grant under this section. 23.295(3)(3) A corporation receiving a grant under sub. (2) may use the grant for activities related to the development, maintenance, protection and promotion of the ice age trail area and shall do all of the following with the grant: 23.295(3)(a)(a) Support the work of volunteers who develop, maintain and promote the ice age trail area. 23.295(3)(b)(b) Build partnerships for the ice age trail area with local governmental units and nonprofit organizations. 23.295(3)(c)(c) Promote the protection of a corridor for the ice age trail area by providing information about acquiring land, or an interest in land, in that corridor. 23.295(3)(d)(d) Strengthen community support for the ice age trail area by recruiting and training volunteers and by coordinating the activities of interest groups. 23.295(3)(f)(f) For each fiscal year, prepare a report detailing the activities for which a grant under sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate. 23.295 HistoryHistory: 1999 a. 9. 23.3023.30 Outdoor recreation program. 23.30(1)(1) Purpose. The purpose of this section is to promote, encourage, coordinate and implement a comprehensive long-range plan to acquire, maintain and develop for public use those areas of the state best adapted to the development of a comprehensive system of state and local outdoor recreation facilities and services in all fields, including, without limitation because of enumeration, parks, forests, camping grounds, fishing and hunting grounds, trails, trail-side campsites and shelters, cross-country ski trails, bridle trails, related historical sites, highway scenic easements, the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and local recreation programs, except spectator sports, and to facilitate and encourage the fullest beneficial public use of these areas. 23.30(2)(2) Established. The outdoor recreation program is established as a continuing program to financially assist the state and local agency outdoor recreation program, including, without limitation because of enumeration, lake rehabilitation, coho salmon production, wildlife management on county forests, public access, state park and forest recreation areas, fish and game habitat areas, youth conservation camps, creation of new lakes, lake and stream classification, the lower Wisconsin state riverway as defined in s. 30.40 (15), highway scenic easements, natural areas, state aids for local governmental parks and other outdoor recreational facilities, acquisition and development, state aids for county forest recreation areas development, related historic sites, tourist information sites; recreational planning; scenic or wild river preservation and use; and conservation work program. 23.30(3)(3) Natural resources board. The natural resources board is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources. To this end it shall: 23.30(3)(a)(a) Consider and recommend to the governor and legislature broad policies and standards to guide the comprehensive development of all outdoor recreation resources in Wisconsin, including, without limitation because of enumeration, outdoor recreation development in relation to state population patterns, low-cost sewage system studies, the several outdoor recreation activities, outdoor recreation development to aid the state recreation industry, and policies and standards to coordinate the respective outdoor recreation development programs of federal, state and local governmental agencies and the recreation programs operated by private enterprise. 23.30(3)(b)(b) Coordinate the development of a comprehensive long-range plan for the acquisition and development of areas necessary for a statewide system of recreational facilities. The comprehensive plan shall be based upon the outdoor recreation plans of the several state agencies and local governmental agencies, and shall be coordinated and modified as the board deems necessary to comply with its policies and standards. 23.30(3)(c)(c) Recommend to the legislature outdoor recreation program appropriations and allocations which, in conjunction with other financial sources supporting outdoor recreation resources, are necessary to carry out plans coordinated by the board. 23.30(3)(d)(d) Consider progress reports from state agencies to determine that all state appropriations for outdoor recreation are being so expended that the policies and plans formulated by the board will be accomplished. 23.30(3)(f)(f) Advise federal agencies concerned of the pattern in which all federal outdoor recreation resources financial assistance and loan programs to state and local governmental agencies and to nongovernmental associations and private individuals will most completely implement the policies and plans of the board. 23.30(3)(g)(g) Negotiate agreements between agencies concerned when in the board’s judgment there is an overlap of authority or responsibilities in the completion of a project. 23.30(3)(h)(h) Accept on behalf of the state and allocate to the appropriate state agency any gifts and grants of money, property or services made for the purposes of outdoor recreation in Wisconsin. The proceeds of such gifts and grants may be expended for the purpose of the gift or grant. 23.30 Cross-referenceCross-reference: See also ch. NR 50 and s. NR 1.51, Wis. adm. code. 23.30 AnnotationORAP funds may be used for the planting of trees and shrubs along state highways and to mark scenic easements as part of the state’s beautification and outdoor recreation programs. 62 Atty. Gen. 135.
23.30 AnnotationORAP funds may be used to restore deteriorated milldams provided a public use is evident. 63 Atty. Gen. 245.
23.30 AnnotationThe department has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63 Atty. Gen. 519.
23.30523.305 Leasing of department land for recreational purposes. 23.305(1)(1) In this section, “spectator sports” means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration: 23.305(2)(2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or counties for outdoor recreational purposes associated with spectator sports. 23.305(3)(3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the lease shall be paid into the state treasury and credited to the proper fund. 23.305 HistoryHistory: 1985 a. 29. 23.3123.31 Recreation resources facilities. 23.31(1)(a)(a) To provide and develop recreation resources facilities within this state, the natural resources board, subject to the limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities. 23.31(1)(b)(b) With their biennial budget request to the department of administration, the natural resources board shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance. 23.31(2)(a)(a) The debt shall be contracted for in the manner and form the legislature prescribes. 23.31(2)(b)(b) It is the intent of the legislature that state debt not to exceed $56,055,000 in the 12-year period from 1969 to 1981 may be incurred for the comprehensive provision of outdoor recreation facilities as provided under s. 23.30 but any unappropriated or uncommitted portion of this debt shall be continued beyond 1981. 23.31(2)(c)(c) It is the intent of the legislature that state debt not to exceed $60,000,000 in the 10-year period from July 1, 1981 to July 1, 1991, may be incurred to support outdoor recreation land acquisition activities. 23.3223.32 Wetlands mapping. 23.32(1)(1) In this section “wetland” means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
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Chs. 23-34, Public Domain and the Trust Funds
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