Wisconsin Statutes
Wis. Stat. § 238.13 (2026)
Brownfields grant program
✓ current as of July 2026
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238.13(1)(a)(a) “Brownfields” means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
238.13(1)(b)(b) “Brownfields redevelopment” means any work or undertaking by a person to acquire a brownfields facility or site and to raze, demolish, remove, reconstruct, renovate, or rehabilitate the facility or existing buildings, structures, or other improvements at the site for the purpose of promoting the use of the facility or site for commercial, industrial, or other purposes. “Brownfields redevelopment” does not include construction of new facilities on the site for any purpose other than environmental remediation activities.
238.13(1)(d)(d) “Environmental remediation activities” means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.
238.13(1)(g)(g) “Person” means an individual, partnership, limited liability company, corporation, nonprofit organization, city, village, town, county, or trustee, including a trustee in bankruptcy.
238.13(2)(a)1.1. The recipient uses the grant proceeds for brownfields redevelopment or associated environmental remediation activities.
238.13(2)(a)1m.1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.
238.13(2)(a)2.2. All of the following are unknown, cannot be located, or are financially unable to pay the cost of environmental remediation activities:
238.13(2)(a)2.a.a. The party that caused the portion of the environmental contamination that is the basis for the grant request.
238.13(2)(a)2.b.b. Any person who possessed or controlled the environmental contaminant that is the basis for the grant request before the contaminant was released.
238.13(2)(b)1.1. The contribution required under par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds. In-kind contributions shall be limited to actual remediation services.
238.13(2)(b)3.3. The recipient of a grant under this section shall contribute to the project an amount that is equal to at least 50 percent of the amount of the grant.
238.13(3)(3) The corporation may consider the following criteria in making awards under this section:
238.13(3)(f)(f) Any other factors considered by the corporation to be relevant to assessing the viability and feasibility of the project.
238.13(5)(5) Before the corporation awards a grant under this section, the corporation shall consider the recommendations of the department of natural resources.
238.13(6m)(6m) Receipt of a grant under this section shall not render the recipient ineligible for a loan or any other grant awarded by the state, unless under the eligibility criteria of the loan or other grant the recipient is excluded by virtue of having received the grant.
238.13 HistoryHistory: 1997 a. 27; 1999 a. 9; 2001 a. 16; 2007 a. 20, 125; 2009 a. 28; 2011 a. 32 ss. 3341 to 3343; Stats. 2011 s. 238.13; 2013 a. 166 s. 76; 2015 a. 55.
Notes of Decisions
Cited in 19
cases, 1938–2012 · leading case: Wisconsin Indus. Energy Grp., Inc. v. Pub. Serv. Comm'n, 2012 WI 89 (Wis. 2012).
Wisconsin Indus. Energy Grp., Inc. v. Pub. Serv. Comm'n, 2012 WI 89 (Wis. 2012). “13(l)(a) was renumbered as Wis. Stat. § 238.13 (l)(a) by 2011 Wis. Act 32, § 3341.”
Est. of Nelson, 64 N.W.2d 406 (Wis. 1954). “Her will provided a legacy to one Nellie Curtis, who had predeceased the testatrix leaving an adopted son who claimed his adoptive mother’s legacy under the aforesaid sec. 238.13, Stats. We determined that sec.”
Hoermann v. Hoermann, 290 N.W. 608 (Wis. 1940). “At the outset, we deem it convenient to dispose of the intimation in the administrator’s brief that sec. 238.13, Stats., has some bearing upon this case.”
Ramlow v. Wolf, 11 N.W.2d 497 (Wis. 1943). “Wolf, under sec. 238.13, Stats., the share Mrs. Wolf would have taken had she survived her mother.”
Est. of Farber, 204 N.W.2d 478 (Wis. 1973). “4 Sec. 238.13, Stats. 1967. 5 Pickering v. Lord Stamford (1797), 3 Ves.”
Robinson v. Werner, 139 N.W.2d 623 (Wis. 1966). “The fourth share of the residue, that of Emma Petti-bone, did not lapse, but was saved by the provisions of *566 sec. 238.13, Stats., and passes to the issue of Emma Pettibone according to the provisions stated therein.”
Heinemann v. Rosier, 1 N.W.2d 803 (Wis. 1941). “rsal will be with directions to enter judgment that the real estate specifically devised to the children of the testator be assigned to the surviving children of the testator if said real estate was still owned by the testator at the time of his death, to each an undivided…”
Brazeau v. Stewart, 72 N.W.2d 334 (Wis. 1955). “The guardian ad litem challenges the court’s construction and contends that by virtue of the provisions of sec. 238.13, Stats., the grandchildren take under the terms of the will.”
Moulton v. Bonin, 11 N.W.2d 642 (Wis. 1943). “This involves a construction of sec. 238.13, Stats., which provides: “When a devise or legacy shall be made to any child or other relation of the testator and the devisee or legatee shall *136 die before the testator, leaving issue who.”
Stratton v. Rollings, 296 N.W. 608 (Wis. 1940). “Appellants contend that under sec. 238.13, Stats., the property should be divided between the nephews and nieces who were living and the issue of those nephews and nieces *272 who are deceased, the latter taking per stirpes and not per capita.”
Colman v. First Nat'l Bank, 33 N.W.2d 237 (Wis. 1948). “If the testator wished to avoid the effect of sec. 238.13, Stats., he should have made another will.”
Est. of Porter, 298 N.W. 624 (Wis. 1941). “They take per stirpes under sec. 238.13, Stats. Will of Griffiths, 172 Wis.”
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