Section 1.445. County board approval of land purchase.

 

(1)   Purpose. The purpose of this section is to implement the provisions of s. 23.0917 (8) (d) , Stats.

(2)   Definitions. In this section:

(a) "Land" means any ground considered as real property, but does not include the beds of lakes or flowages below the ordinary high water mark.

(b) "Local government unit" has the meaning given in s. 66.0131 (1) (a) , Stats.

(c) "Members-elect" has the meaning given in s. 59.001 (2m) , Stats.

(d) "Own" means to hold in fee title.

(e) "Under the jurisdiction of" means subject to supervision, management and control as those terms are used in s. 23.11 (4) , Stats.

(3)   Calculation of land areas; notification to county.

(a) Upon taking an option to purchase land, the department shall determine whether the requirements of s. 23.0917 (8) (d) , Stats., are applicable. The department shall develop and maintain information to allow a determination to be made.

(b) In making a determination on the applicability of s. 23.0917 (8) (d) , Stats., to a pending option, the department shall calculate the sum of the following areas for the county in which the option was taken:

1. Land owned or under the jurisdiction of the board of commissioners of public lands;

2. Land contained in parks, forests or recreation areas owned or under the jurisdiction of a local governmental unit;

3. Land contained in parks, forests, fish and wildlife refuges, lakeshores, military reservations, recreation areas, and wild and scenic rivers owned or under the jurisdiction of the United States government; and

4. Land owned or under the jurisdiction of the department for the purposes listed in s. 23.09 (2) (d) , Stats.

(c) The department shall divide the sum of the land areas included in par. (b) by the total area of land in the county. If the result of the calculation equals or exceeds 66%, the department shall provide the county with the location and legal description of the optioned property. The department shall advise the county of the procedural requirements for county notification of residents and a vote by the members-elect of the county board pursuant to s. 23.0917 (8) (d) , Stats.

(4)   Department procedures after county board vote. The department shall note the county's action in its records filed at the bureau of facilities and lands at the department's offices at 101 S. Webster Street, Madison. If the vote is for approval, the department may use the appropriation under s. 20.866 (2) (ta) , Stats., to purchase the lands in question. If the vote is against approval, the department may not use the appropriation under s. 20.866 (2) (ta) , Stats., to purchase the lands in question.

History: Emerg. cr. eff. 9-1-00; CR 00-135 : cr. Register July 2001, No. 547 eff. 8-1-01.

Note

The Wisconsin Register of Waterbodies, which is the state's official electronic database for identification of surface waters of the state, will be utilized to determine the areas of lake or flowage bed within a county. The Register is maintained by the Bureau of Fisheries Management and Habitat Protection and is available for inspection at the Department's offices at 101 S. Webster Street, Madison, and at DNR service centers. Microsoft Windows NT 6.1.7601 Service Pack 1