The costs of acquiring easements and land under this section or s. 23.096
shall be paid from the appropriation under s. 20.866 (2) (tz)
. Except as provided in s. 23.0915 (2)
, the department may not expend more than $1,000,000 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g)
and for grants for this purpose under s. 23.096
in each fiscal year. Of this amount, the department may not expend more than $300,000 in each fiscal year for grants under sub. (3g)
to cities, villages, towns and counties.
Protection of natural resources. 23.095(1)(a)
"Damage" means to commit a physical act that destroys, molests, defaces, removes or unreasonably wastes.
"Discharge" has the meaning given in s. 144.76 (1) (a)
The bracketed language indicates the correct cross-reference. Section 144.76 (1) (a) was renumbered by 1995 Wis. Act 227
. Corrective legislation is pending.
"Hazardous substance" has the meaning given in s. 144.01 (4m)
The bracketed language indicates the correct cross-reference. Section 144.01 (4m) was repealed by 1995 Wis. Act 227
and the definition now appears at s. 285.01 (21). Corrective legislation is pending.
(1g) General prohibition.
No person may damage or attempt to damage any natural resource within the state.
No person may damage or attempt to damage any natural resource or any archaeological feature located on state-owned lands that are under the supervision, management and control of the department except as authorized by the department.
(b) Paragraph (a)
does not apply to state-owned lands that are beds of navigable waters.
Any person who violates sub. (1g)
shall forfeit not more than $100.
Except as provided in pars. (c)
, any person who violates sub. (1m)
shall forfeit not more than $200.
If a person violates sub. (1m)
and the violation involves damaging or attempting to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27 (1) (h)
, the person shall forfeit not more than $2,000.
If a person violates sub. (1m)
and the violation involves damaging or attempting to damage an archaeological feature, the person shall forfeit not less than $100 nor more than $10,000.
If a person violates sub. (1m)
and the violation involves intentionally damaging or intentionally attempting to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
This section does not apply to any person upon whom liability is imposed under 42 USC 9607
(a) for injury to, destruction of or loss of natural resources within the state.
If a natural resource or archaeological feature is damaged by the discharge of a hazardous substance, this section does not apply to the person who caused the discharge unless the person who caused the discharge did so with the intent to damage the natural resource or archaeological feature or to any other person who possesses or controls the hazardous substance subsequent to the discharge.
History: 1975 c. 365
; 1995 a. 391
Assistance to nonprofit conservation organizations. 23.0955(1)(1)
In this section and s. 23.096
, "nonprofit conservation organization" means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the acquisition of property for conservation purposes and that is described in section 501
(c) (3) of the internal revenue code and is exempt from federal income tax under section 501
(a) of the internal revenue code.
The department shall provide one grant of $75,000 in fiscal year 1996-97 to a nonstock, nonprofit corporation that is described under section 501
(c) (3) or (4) of the internal revenue code and organized in this state if the corporation meets all of the following requirements:
The corporation is exempt from taxation under section 501
(a) of the internal revenue code.
The corporation provides support to nonprofit conservation organizations.
The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.
The corporation contributes $25,000 in funds to be used with the grant under this subsection.
Beginning in fiscal year 1997-98, the department may provide an annual grant to a nonstock, nonprofit corporation that meets all of the qualifications under par. (a)
A corporation receiving a grant under this subsection shall do all of the following:
Assist in the establishment of nonprofit conservation organizations.
Provide technical assistance to nonprofit conservation organizations, especially in the areas of management, receiving federal tax exemptions, conservation easements and real estate transactions.
History: 1993 a. 343
; 1995 a. 459
Grants to nonprofit conservation organizations. 23.096(1)(1)
In this section, "property" means land or an interest in land.
In order to receive a grant under this section, the nonprofit conservation organization shall enter into a contract with the department that contains all of the following provisions:
Standards for the management of the property to be acquired.
A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
A prohibition against property acquired in fee simple being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
A clause that any subsequent sale or transfer of the property to be acquired is subject to subs. (4)
The nonprofit conservation organization may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the organization if all of the following apply:
The department approves the subsequent sale or transfer.
The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under sub. (3)
The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.
If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state.
The instrument conveying the property to the nonprofit conservation organization shall state the interest of the state under sub. (5)
. The contract entered into under sub. (3)
and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.
Urban forestry grants. 23.097(1)
The department shall award grants to cities and villages for up to 50% of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects.
The department shall promulgate rules establishing criteria for awarding grants under this section.
History: 1991 a. 39
; 1993 a. 213
Grants for state park and forest development. 23.098(1)(1)
In this section, "friends group" means a nonstock, nonprofit corporation 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 organized to raise funds for state parks or state forests.
The department shall establish a program to expend in each fiscal year up to $100,000 from the appropriation under s. 20.866 (2) (tz)
for grants to friends groups for projects for property development activities in state parks or state forests.
The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants.
The department shall periodically prepare a list of projects in state parks and state forests that are eligible for grants under this section and shall include in the list the estimated cost of each project.
The department may not expend more than $10,000 as grants under this section for a state park or a state forest in each fiscal year.
Each friends group receiving a grant under this section shall provide matching funds that are equal to 50% of the estimated cost of the project for which a grant is being provided.
For purposes of s. 23.0915 (1)
, moneys expended as grants under this section shall be treated as moneys expended for general property development.
History: 1991 a. 39
; 1993 a. 461
Conservation wardens. 23.10(1)
The department of natural resources shall secure the enforcement of all laws which it is required to administer and bring, or cause to be brought, actions and proceedings in the name of the state for that purpose. The persons appointed by said department to exercise and perform the powers and duties heretofore conferred and imposed upon deputy fish and game wardens, shall be known as conservation wardens and shall be subject to ch. 230
Whenever the county board of any county by resolution authorizes the appointment of county conservation wardens, and fixes the number of the same, the chairperson of the county board, district attorney and county clerk, acting as a board of appointment, shall select the persons for such positions and certify their names to the department of natural resources which shall, if in its judgment such persons are competent and efficient, issue to them commissions as county conservation wardens. Such wardens have, within their county, all the powers and duties of conservation wardens. Their compensation shall be fixed by the county board in the resolution authorizing their appointment and be paid out of the county treasury.
All conservation wardens shall, before exercising any of their powers, be provided with a commission issued by the department of natural resources under its seal, substantially as follows:
state of Wisconsin
department of natural resources.
To all to whom these presents shall come, greeting:
Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... a conservation warden (or county, or special conservation warden) for the (county of ....), state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.
In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., 19...
(Seal) state of wisconsin
department of natural resources.
By .... ....
The department of natural resources shall furnish to each conservation warden at the time of the warden's appointment, a pocket identification folder in form and substance as follows: A leather-covered folder, size when folded, 3 by 4 inches; on one of the inner sides thereof shall be securely fastened a photograph of such appointee to be furnished by the appointee, and partly on the photograph and partly on the margin of such folder shall be an impression of the seal of the department of natural resources; such appointee shall also affix the appointee's signature below the photograph on such folder; on the other inner side of such folder shall be securely fastened a miniature true copy of the commission issued to such appointee, which shall be signed by the secretary. The appointee shall carry the identification folder on his or her person at all times that the appointee is on official duty, and the appointee shall on demand exhibit the same to any person to whom the appointee may represent himself or herself as a conservation warden. The cost of such identification folder shall be charged to the appropriation for the department.
All conservation wardens shall make full and complete reports of their transactions as such, according to the demand of the department and shall at all times be subject to its direction and control in the performance of their duties. They shall also gather and transmit all statistical information relative to such matters within their charge as the department directs. In its report under s. 15.04 (1) (d)
the department shall include information covering all its work and such other information as is valuable to the state in relation thereto and an itemized statement of receipts and disbursements.
General powers. 23.11(1)(1)
In addition to the powers and duties heretofore conferred and imposed upon said department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.
Whenever any lands placed by law under the care and supervision of the department are inaccessible because surrounded by lands belonging to individuals or corporations, and whenever in the opinion of the department the usefulness or value of such lands, whether so surrounded or not, will be increased by access thereto over lands not belonging to the state, the department may acquire such lands as may be necessary to construct highways that will furnish the needed access.
The department shall have police supervision over all state-owned lands and property under its supervision, management and control, and its duly appointed agents or representatives may arrest, with or without warrant, any person within such area, committing an offense against the laws of this state or in violation of any rule of the department in force in such area, and deliver such person to the proper court of the county wherein such offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such offense has been committed shall appear and prosecute all actions arising under this subsection.
The department may require an applicant for a permit or statutory approval which the department, by order, may grant, to submit an environmental impact report if the area affected exceeds 40 acres or the estimated cost of the project exceeds $25,000.
History: 1971 c. 273
; 1983 a. 524