Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1093 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1093
5	5	February 16, 2024 - Introduced by Representatives G REEN and SCHMIDT,
6	6	cosponsored by Senators FELZKOWSKI, QUINN and STAFSHOLT. Referred to
7	7	Committee on Forestry, Parks and Outdoor Recreation.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 77.81 (1) and 77.83 (1m); to amend 77.83 (2) (c); and to
10	10	create 20.395 (1) (mr), 77.81 (1c), 77.81 (3m), 77.81 (5g), 77.81 (7), 77.81 (8),
11	11	77.83 (1m) (b), 77.83 (2) (d) and 85.65 of the statutes; relating to: vehicle access
12	12	to roads and trails on open managed forest land, granting rule-making
13	13	authority, and making an appropriation.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill provides that the owner of open managed forest land (MFL) with roads
16	16	or trails that are maintained for vehicular travel must permit public access to the
17	17	roads and trails for the operation of certain vehicles. The bill also requires the
18	18	Department of Transportation to administer an MFL road repair program, under
19	19	which DOT awards grants to individual owners of MFL where roads or trails have
20	20	been damaged by vehicles.
21	21	Access to road and trails
22	22	Under the MFL program administered by the Department of Natural
23	23	Resources, the owner of a parcel of land designated as MFL makes an annual acreage
24	24	share payment that is lower than, and in lieu of, the property taxes that normally
25	25	would be payable on the land. In exchange, the owner must comply with certain
26	26	forestry practices. The owner must also open the MFL to the public for hunting,
27	27	fishing, hiking, sight-seeing, and cross-country skiing, but may designate up to a
28	28	certain number of acres as being closed to the public. For MFL that is designated as
29	29	closed, the owner must pay an additional closed acreage fee.
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36	36	ASSEMBLY BILL 1093
37	37	Under the bill, the owner of open MFL with roads or trails that are maintained
38	38	for vehicular travel at a width of at least nine feet must permit public access to the
39	39	roads and trails for the operation of any noncommercial motor vehicle with a gross
40	40	weight of 8,000 pounds or less and any all-terrain vehicle, utility terrain vehicle, or
41	41	snowmobile registered for public use or operated by a nonresident as authorized by
42	42	a trail pass or trail use sticker. The landowner may close the roads or trails to all
43	43	vehicles from April 1 to the first Saturday of the following May each year.
44	44	Under current law, an owner seeking to have land designated as MFL submits
45	45	an application to DNR that contains a management plan for the land. If the MFL
46	46	meets the eligibility requirements under the program, DNR approves the application
47	47	and issues an order designating the land as MFL. An owner may choose to have the
48	48	order last 25 or 50 years. An owner may modify the designation of a closed or open
49	49	area two times during the term of the order.
50	50	The bill provides that an owner may modify the designation of a closed or open
51	51	area for a period of one year following the effective date of the bill. This is in addition
52	52	to two changes authorized under current law.
53	53	Road repair program
54	54	The bill requires DOT to administer a managed forest land road repair
55	55	program, which is funded from the forestry account of the conservation fund. Under
56	56	the program, DOT must award grants to any individual owner of MFL where roads
57	57	or trails have been damaged by vehicles operating as authorized by the bill. DOT
58	58	must promulgate rules necessary to administer the program, including rules that
59	59	establish all of the following for grants awarded under the program: 1) grants must
60	60	be awarded in the order in which applications for grants are received by DOT; 2)
61	61	grants may used for maintenance, but not improvement, of roads and trails; and 3)
62	62	grants must reimburse 100 percent of the actual costs incurred by the grantee for
63	63	eligible maintenance activities.
64	64	For further information see the state fiscal estimate, which will be printed as
65	65	an appendix to this bill.
66	66	The people of the state of Wisconsin, represented in senate and assembly, do
67	67	enact as follows:
68	68	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
69	69	the following amounts for the purposes indicated:
70	70	2023-24 2024-25
71	71	20.395 Transportation, department of
72	72	(1) AIDS
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79	79	SECTION 1
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81	81	(mr) Managed forest land roads and
82	82	trails grants SEG C 1,500,000 1,500,000
83	83	SECTION 2. 20.395 (1) (mr) of the statutes is created to read:
84	84	20.395 (1) (mr) Managed forest land roads and trails grants. As a continuing
85	85	appropriation, from the forestry account in the conservation fund, the amounts in the
86	86	schedule to provide grants under s. 85.65.
87	87	SECTION 3. 77.81 (1) of the statutes is renumbered 77.81 (1g).
88	88	SECTION 4. 77.81 (1c) of the statutes is created to read:
89	89	77.81 (1c) “All-terrain vehicle” has the meaning given in s. 340.01 (2g).
90	90	SECTION 5. 77.81 (3m) of the statutes is created to read:
91	91	77.81 (3m) “Motor vehicle” has the meaning given in s. 340.01 (35).
92	92	SECTION 6. 77.81 (5g) of the statutes is created to read:
93	93	77.81 (5g) “Off-highway motorcycle” has the meaning given in s. 23.335 (1) (q).
94	94	SECTION 7. 77.81 (7) of the statutes is created to read:
95	95	77.81 (7) “Snowmobile” has the meaning given in s. 340.01 (58a).
96	96	SECTION 8. 77.81 (8) of the statutes is created to read:
97	97	77.81 (8) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).
98	98	SECTION 9. 77.83 (1m) of the statutes is renumbered 77.83 (1m) (a).
99	99	SECTION 10. 77.83 (1m) (b) of the statutes is created to read:
100	100	77.83 (1m) (b) Notwithstanding par. (a), the owner of land that is subject to a
101	101	managed forest land order may modify the designation of a closed or open area for
102	102	a period of one year following the effective date of this paragraph .... [LRB inserts
103	103	date], without penalty. A modification made under this paragraph is in addition to
104	104	any modification authorized under par. (a).
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130	130	SECTION 11 ASSEMBLY BILL 1093
131	131	SECTION 11. 77.83 (2) (c) of the statutes is amended to read:
132	132	77.83 (2) (c) An Except as provided in par. (d), an owner may prohibit the use
133	133	of motor vehicles, as defined under s. 340.01 (35), all-terrain vehicles, utility terrain
134	134	vehicles, off-highway motorcycles, or snowmobiles, as defined under s. 340.01 (58a),
135	135	or both any combination thereof, on any open managed forest land. At the request
136	136	of an owner, the department may provide assistance in enforcing the prohibition.
137	137	SECTION 12. 77.83 (2) (d) of the statutes is created to read:
138	138	77.83 (2) (d) 1. Except as provided in subd. 2., the owner of open managed forest
139	139	land with roads or trails that are maintained at a width of not less than 9 feet for
140	140	vehicular travel shall permit public access to the roads and trails for the operation
141	141	of any noncommercial motor vehicle with a gross weight of 8,000 pounds or less and
142	142	any all-terrain vehicle, utility terrain vehicle, or snowmobile registered for public
143	143	use under s. 23.33 (2) or 350.12 (3) or operated by a nonresident as authorized by a
144	144	trail pass or trail use sticker issued under s. 23.33 (2j) or 350.12 (3j).
145	145	2. The owner of open managed forest land with roads or trails that are subject
146	146	to subd. 1. may close the roads or trails to all vehicles from April 1 to the first
147	147	Saturday of the following May each year.
148	148	SECTION 13. 85.65 of the statutes is created to read:
149	149	85.65 Managed forest land road repair program. (1) The department
150	150	shall administer a managed forest land road repair program. From the
151	151	appropriation under s. 20.395 (1) (mr), the department shall award grants to any
152	152	individual owner of land that is subject to a managed forest land order under s. 77.82
153	153	(8) where roads or trails have been damaged by vehicles operating as authorized
154	154	under s. 77.83 (2) (d).
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181	181	SECTION 13
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183	183	(2) The department shall promulgate rules necessary to administer this
184	184	section, including rules that establish all of the following for grants awarded under
185	185	this section:
186	186	(a) Grants shall be awarded in the order in which applications for grants are
187	187	received by the department.
188	188	(b) Grants may be used for maintenance, but not improvement, of roads and
189	189	trails that are subject to s. 77.83 (2) (d) 1.
190	190	(c) Grants shall be used to reimburse 100 percent of the actual costs incurred
191	191	by an applicant for eligible maintenance activities.
192	192	SECTION 14.0Effective date.
193	193	(1) This act takes effect on first day of the 10th month beginning after
194	194	publication.
195	195	(END)
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