AB926,94,119
23.41
(1) In this section
: (b) "Environmental, "environmental consultant
10services" includes services provided by environmental scientists, engineers and
11other experts.
AB926, s. 478
12Section
478. 23.41 (1) (a) of the statutes is repealed.
AB926, s. 479
13Section
479. 23.41 (2) of the statutes is repealed.
AB926, s. 480
14Section
480. 23.41 (5) of the statutes is repealed.
AB926, s. 481
15Section
481. 23.41 (5m) of the statutes is repealed.
AB926, s. 482
16Section
482. 23.42 of the statutes is renumbered 278.42.
AB926, s. 483
17Section
483. 23.425 (title), (1) and (2) (a) of the statutes are renumbered
18278.425 (title), (1) and (2).
AB926, s. 484
19Section
484. 23.425 (2) (b) of the statutes is renumbered 23.425 and amended
20to read:
AB926,94,24
2123.425 MacKenzie center. The
fees collected by the department
under par.
22(a) may collect fees for the use of the MacKenzie environmental center
. The fees shall
23be deposited in the general fund and credited to the appropriation under s. 20.370
24(9) (1) (gb).
AB926, s. 485
25Section
485. 23.50 (1) of the statutes is amended to read:
AB926,95,11
123.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
2court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
3for violations of ss. 77.09, 90.21, 134.60, 167.10 (3),
and 167.31 (2),
281.48 (2) to (5),
4283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2) 5subchs. IV and V of ch. 30, subch. VI of ch. 77, this chapter, and chs. 26 to
31 29, ch.
6169, and ch. 350, and any administrative rules promulgated thereunder,
violations
7specified under s. 280.98 (2) or 285.86, violations of ch. 951 if the animal involved is
8a captive wild animal, violations of rules of the Kickapoo reserve management board
9under s. 41.41 (7) (k),
violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations
10of local ordinances enacted by any local authority in accordance with s. 23.33 (11)
11(am) or 30.77.
AB926, s. 486
12Section
486. 23.53 (1) of the statutes is amended to read:
AB926,95,2413
23.53
(1) The citation created under this section shall, in all actions to recover
14forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
15those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
16thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
17(7) (k) be used by any law enforcement officer with authority to enforce those laws,
18except that the uniform traffic citation created under s. 345.11 may be used by a
19traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
20enforcement agency of a municipality or county
or a traffic officer employed under
21s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall
22not be used for violations of ch. 350 relating to highway use. The citation may be used
23for violations of local ordinances enacted by any local authority in accordance with
24s. 23.33 (11) (am) or 30.77.
AB926, s. 487
25Section
487. 23.65 (1) of the statutes is amended to read:
AB926,96,7
123.65
(1) When it appears to the district attorney that a violation of s. 90.21
, 2or 134.60,
281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07,
3287.08, 287.81 or 299.64 (2), subch. IV or V of ch. 30, this chapter or ch. 26, 27, 28,
429,
30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto,
a
5violation specified under s. 285.86, or a violation of ch. 951, if the animal involved is
6a captive wild animal, has been committed the district attorney may proceed by
7complaint and summons.
AB926, s. 488
8Section
488. 23.65 (3) of the statutes is amended to read:
AB926,96,149
23.65
(3) If a district attorney refuses or is unavailable to issue a complaint,
10a circuit judge, after conducting a hearing, may permit the filing of a complaint if he
11or she finds there is probable cause to believe that the person charged has committed
12a violation of
s. 287.07, 287.08 or 287.81 subch. IV or V of ch. 30, this chapter or ch.
1326, 27, 28, 29,
30, 31 or 350
or a violation specified under s. 285.86. The district
14attorney shall be informed of the hearing and may attend.
AB926, s. 489
15Section
489. 24.39 (1) of the statutes is amended to read:
AB926,97,316
24.39
(1) The board of commissioners of public lands may grant leases of parts
17or parcels of any public lands except state park lands and state forest lands; grant
18easements, leases to enter upon any of said lands to flow the same or to prospect for
19and to dig and remove therefrom ore, minerals and other deposits, and sell therefrom
20such timber as the board shall find necessary to prevent future loss or damage. All
21sales of standing live timber shall be on a selective cutting basis in line with federal
22forest practices. Such easements, leases, licenses and sales shall be made only for
23a full and fair consideration paid or to be paid to the state, the amount and terms
24whereof shall be fixed by said board, and such easements, leases, licenses and sales
25shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the
1exercise by the department of natural resources
and the department of agriculture,
2trade and consumer protection of similar powers affecting state park lands and state
3forest lands.
AB926, s. 490
4Section
490. 24.39 (2) of the statutes is amended to read:
AB926,97,95
24.39
(2) In negotiating for such leases, licenses or sales, and in exercising the
6other powers conferred by this section the board of commissioners of public lands
7shall, so far as it finds it desirable and practicable, request and make proper use of
8such services and information as the department of natural resources
or the
9department of environmental quality may be able to furnish.
AB926, s. 491
10Section
491. 24.39 (4) (c) of the statutes is amended to read:
AB926,97,1511
24.39
(4) (c) No leases under par. (a) may be executed without a prior finding
12of the department of
natural resources environmental quality under s. 30.11 (5) that
13any proposed physical change in the area contemplated as the result of the execution
14of any term lease is consistent with the public interest in the navigable waters
15involved.
AB926, s. 492
16Section
492. 24.39 (4) (f) of the statutes is amended to read:
AB926,97,2517
24.39
(4) (f) A municipality may sublease rights leased to it under par. (a) 1.
18or 2. to corporations or private persons. A municipality may also make physical
19improvements on and above the bottoms to which rights were leased from the board
20of commissioners of public lands and may sublease these improvements to
21corporations or private persons. Any subleases under this paragraph shall be
22consistent with this subsection and with whatever standards or restrictions the
23department of
natural resources environmental quality, acting under s. 30.11 (5),
24may have found at the time of execution of the original lease by the board of
25commissioners of public lands to the municipality.
AB926, s. 493
1Section
493. 24.58 of the statutes is amended to read:
AB926,98,6
224.58 Appraisers. The board may select employees of the department
of
3natural resources or the department of agriculture, trade and consumer protection 4to appraise lands or perform other services in field and forest. The board shall
5reimburse the
respective department under a contract
with the department for the
6performance of public land management services.
AB926, s. 494
7Section
494. 25.29 (6) of the statutes is amended to read:
AB926,98,118
25.29
(6) All moneys received from the United States
for fire prevention and
9control, forest planting, and other forestry activities, for wildlife restoration projects
10and fish restoration and management projects, and for other purposes shall be
11devoted to the purposes for which these moneys are received.
AB926, s. 495
12Section
495. 25.29 (7) (a) of the statutes is amended to read:
AB926,98,2013
25.29
(7) (a) Eight percent of the tax levied under s. 70.58 or of the funds
14provided for in lieu of the levy shall be used to acquire and develop forests of the state
15for the purposes or capable of providing the benefits described under s. 28.04 (2)
16within areas approved by the department
of agriculture, trade and consumer
17protection and the governor and located within the region composed of Manitowoc,
18Calumet, Winnebago, Sheboygan, Fond du Lac, Ozaukee, Washington, Dodge,
19Milwaukee, Waukesha, Jefferson, Racine, Kenosha, Walworth, Rock and Outagamie
20counties.
AB926, s. 496
21Section
496. 25.29 (7) (b) of the statutes is amended to read:
AB926,99,222
25.29
(7) (b) An additional 4% of the tax levied under s. 70.58 or of the funds
23provided in lieu of the levy shall be used to purchase forests for the state for the
24purposes or capable of providing the benefits described under s. 28.04 (2) within
1areas approved by the department
of agriculture, trade and consumer protection and
2the governor and located within the region specified under par.
(a) (am).
AB926, s. 497
3Section
497. 25.295 (1) (b) of the statutes is amended to read:
AB926,99,74
25.295
(1) (b) Notwithstanding s. 23.15 (4), all moneys received by the
5department of natural resources state from utility easements on property located in
6the state park system, a southern state forest,
as defined in s. 27.016 (1) (c), or a state
7recreation area
under ss. 23.09 (10), 27.01 (2) (g) and 28.02 (5).
AB926, s. 498
8Section
498. 25.43 (2) (c) of the statutes is amended to read:
AB926,99,149
25.43
(2) (c) The department of administration may establish and change
10accounts in the environmental improvement fund other than those under pars. (a),
11(ae), (am) and (b). The department of administration shall consult the department
12of
natural resources environmental quality before establishing or changing an
13account that is needed to administer the programs under ss. 281.58, 281.59 and
14281.61.
AB926, s. 499
15Section
499. 25.43 (3) of the statutes is amended to read:
AB926,99,2016
25.43
(3) Except for the purpose of investment as provided in s. 25.17 (2) (d),
17the environmental improvement fund may be used only for the purposes authorized
18under ss. 20.320 (1) (r), (s), (sm), (t), (x) and (y), (2) (s) and (x) and (3) (q),
20.370 20.375 19(4) (mt), (mx)
and, (nz),
(8) (mr) and (9) (mt), (mx) and (ny) (sr), (tt), (tx), and (ty),
2020.505 (1) (v), (x) and (y), 281.58, 281.59, 281.60, 281.61 and 281.62.
AB926, s. 500
21Section
500. 25.46 (1e) of the statutes is amended to read:
AB926,99,2322
25.46
(1e) The moneys transferred under s.
20.370 20.375 (2) (mu) for
23environmental management.
AB926, s. 501
24Section
501. 25.46 (1g) of the statutes is amended to read:
AB926,100,2
125.46
(1g) The moneys transferred under s.
20.370 20.375 (4) (mw) for
2environmental management.
AB926, s. 502
3Section
502. 26.01 (1) of the statutes is amended to read:
AB926,100,54
26.01
(1) Unless the context requires otherwise, "department" means the
5department of
natural resources agriculture, trade and consumer protection.
AB926, s. 503
6Section
503. 26.02 (1) (intro.) of the statutes is amended to read:
AB926,100,117
26.02
(1) Duties. (intro.) The council on forestry shall advise the governor, the
8legislature, the department of
natural resources
agriculture, trade and consumer
9protection, the department of commerce, and other state agencies, as determined to
10be appropriate by the council, on all of the following topics as they affect forests
11located in this state:
AB926, s. 504
12Section
504. 26.06 (1) of the statutes is amended to read:
AB926,101,313
26.06
(1) Foresters, forest supervisors, rangers
, and state forest rangers and
14wardens of the department and the cruisers and foresters of the board of
15commissioners of public lands have the enforcement powers specified in s. 26.97 with
16respect to, and may seize, without process, any forest products unlawfully severed
17from public lands of the state, federal lands leased to the state, county forest lands
18entered under s. 28.11, forest croplands entered under subch. I of ch. 77 or managed
19forest land designated under subch. VI of ch. 77. Seized products cut from lands
20under the control of the board of commissioners of public lands shall be held for the
21commissioners and those cut from forest croplands, managed forest land or county
22forest shall be held for the owner, and subject to the payment of severance taxes, yield
23taxes or severance share thereon to the state. Products cut from state forest lands
24or federal lands leased to the department shall be appraised and sold. Products
25appraised at more than $500 shall be sold on sealed bids not less than 10 days after
1a class 1 notice has been published, under ch. 985, in the county where the material
2is located. Any sheriff may seize and hold for the owner thereof any forest products
3unlawfully severed or removed.
AB926, s. 505
4Section
505. 26.08 (1) of the statutes is amended to read:
AB926,101,165
26.08
(1) The department
of agriculture, trade and consumer protection may
,
6from time to time, lease parts or parcels of
state park lands or state forest lands.
The
7department of natural resources may lease parts or parcels of state park lands. 8These leases shall contain proper covenants to guard against trespass and waste.
9The rents arising from these leases shall be paid into the state treasury to the credit
10of the proper fund. Licenses also may be granted to prospect for ore or mineral upon
11any of these lands; but proper security shall be taken that the licensees will fully
12inform the department of every discovery of ore or mineral and will restore the
13surface to its former condition and value if no discovery of valuable deposits is made.
14The department
that enters into a lease or grants a license shall retain a copy of each
15lease or license and file the original in the office of the board of commissioners of
16public lands.
AB926, s. 506
17Section
506. 26.08 (2) (a) of the statutes is amended to read:
AB926,101,2018
26.08
(2) (a) Except as provided under pars. (b) to (d),
the department may lease
19state park land or state forest land leases under sub. (1) shall be for terms not
20exceeding 15 years.
AB926, s. 507
21Section
507. 26.08 (2) (b) of the statutes is amended to read:
AB926,101,2322
26.08
(2) (b) The department
of natural resources may lease Rib Mountain
23state park lands and Willow River state park lands for terms not exceeding 30 years.
AB926, s. 508
24Section
508. 26.08 (2) (bn) of the statutes is amended to read:
AB926,102,3
126.08
(2) (bn) The department
of natural resources may lease state park land
2located within the boundaries of the Wisconsin Dells natural area for terms not
3exceeding 30 years.
AB926, s. 509
4Section
509. 26.08 (2) (c) of the statutes is amended to read:
AB926,102,65
26.08
(2) (c) The department
of natural resources may lease Kettle Moraine
6state forest land for the YMCA Camp Matawa for a term not exceeding 30 years.
AB926, s. 510
7Section
510. 26.08 (2) (d) of the statutes is amended to read:
AB926,102,118
26.08
(2) (d) The department
of agriculture, trade and consumer protection 9may lease Northern Highland American Legion State Forest land on Statehouse
10Lake in the town of Manitowish Waters for the North Lakeland Discovery Center for
11a term not exceeding 30 years.
AB926, s. 511
12Section
511. 26.08 (3) of the statutes is amended to read:
AB926,102,1713
26.08
(3) The department
of natural resources and the department of
14agriculture, trade and consumer protection shall furnish to the board of
15commissioners of public lands such maps, plats, surveys, valuations, information
16and other services as the board may request respecting any of the public lands, for
17use by it in granting leases or licenses or in making sales under s. 24.39.
AB926, s. 512
18Section
512. 26.11 (6) of the statutes is amended to read:
AB926,103,319
26.11
(6) The department, as the director of the effort, may suppress a forest
20fire on lands located outside the boundaries of intensive or extensive forest fire
21protection districts but not within the limits of any city or village if the town
22responsible for suppressing fires within its boundaries spends more than $3,000, as
23determined by rates established by the department, on suppressing the forest fire
24and if the town chairperson makes a request to the department for assistance.
25Persons participating in the suppression efforts shall act at the direction of the
1department after the department begins suppression efforts under this subsection.
2Funds expended by the state under this subsection shall be expended from the
3appropriation under s.
20.370 (1) (mv) 20.115 (5) (q).
AB926, s. 513
4Section
513. 26.11 (7) of the statutes is amended to read:
AB926,103,95
26.11
(7) (a) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered
6balances in the appropriation accounts under s.
20.370 (1) (cs) 20.115 (5) (rf) and
(mz) 7(z) exceeds $1,000,000 on June 30 of any fiscal year, the amount in excess of
8$1,000,000 shall lapse from the appropriation account under s.
20.370 (1) (cs) 20.115
9(5) (rf) to the conservation fund, except as provided in par. (b).
AB926,103,1310
(b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account
11under s.
20.370 (1) (cs) 20.115 (5) (rf) is insufficient for the amount that must lapse
12under par. (a), the remainder that is necessary for the lapse shall lapse from the
13appropriation account under s.
20.370 (1) (mz) 20.115 (5) (z).
AB926, s. 514
14Section
514. 26.12 (2) of the statutes is amended to read:
AB926,104,215
26.12
(2) Organization. The department shall organize each forest protection
16area so as to most effectively prevent, detect and suppress forest fires, and to that
17end may employ experienced wardens or
state forest rangers to have charge of its
18efforts in each area; may subdivide each area into patrol areas; may establish lookout
19towers, construct ranger stations, telephone lines, purchase tools for fire fighting as
20well as other necessary supplies or equipment, and carry on all other activities
21considered necessary to effectively protect the area from forest fires, including the
22promulgation of rules for the payment of fire fighters, the preparation of notices and
23forms for publication and the disposition and use of all fire-fighting equipment or
24property. All property or equipment purchased by the state shall be owned by the
25state, but counties or towns may purchase and own equipment for fire suppression,
1and the equipment shall be used for the improvement of the forest fire-fighting
2organization.
AB926, s. 515
3Section
515. 26.14 (2) of the statutes is amended to read:
AB926,104,94
26.14
(2) All such
state forest rangers, town chairpersons, emergency fire
5wardens, conservation wardens and other duly appointed deputies may in the
6performance of their official duty go on the lands of any person to fight forest fires,
7and in so doing may set back fires, dig trenches, cut fire lines or carry on all other
8customary activities in the fighting of forest fires, without incurring a liability to
9anyone.
AB926, s. 516
10Section
516. 26.14 (4) of the statutes is amended to read:
AB926,105,211
26.14
(4) Emergency fire wardens or those assisting them in the fighting of
12forest fires shall prepare itemized accounts of their services and the services of those
13employed by them, as well as other expenses incurred, on blanks to be furnished by
14the department and in a manner prescribed by the department, and make oaths or
15affirmation that said account is just and correct, which account shall be forwarded
16and approved for payment by the department. As soon as any such account has been
17paid by the secretary of administration the department of
natural resources 18agriculture, trade and consumer protection shall send to the proper county treasurer
19a bill for the county's share of such expenses. The county shall have 60 days within
20which to pay such bill, but if not paid within that time the county shall be liable for
21interest at the rate of 6% per year. If payment is not made within 60 days the
22department of administration shall include such amount as a part of the next levy
23against the county for state taxes, but no county shall be required to pay more than
24$5,000 in any one year. Any unpaid levy under this section shall remain a charge
1against the county and the department of administration shall include such unpaid
2sums in the state tax levy of the respective counties in subsequent years.
AB926, s. 517
3Section
517. 26.20 (6) (b) of the statutes is amended to read:
AB926,105,74
26.20
(6) (b) Any
state forest ranger, conservation warden, sheriff or other duly
5appointed authority may, in the performance of official duties, require any train
6causing fires or suspected of causing fires to stop within a safe distance from the fires
7to avoid further setting or spread of fire.
AB926, s. 518
8Section
518. 26.22 of the statutes is amended to read:
AB926,105,13
926.22 Sales, etc. The department
of agriculture, trade and consumer
10protection and the department of natural resources may sell any timber on land
11under the
respective department's jurisdiction
which that has been damaged by fire,
12snow, hail, ice, insects, disease, or wind, on such terms and in such manner as the
13department determines is in the best interest of the state.
AB926, s. 519
14Section
519. 26.30 (2) of the statutes is amended to read:
AB926,106,215
26.30
(2) Powers. The department is vested with authority and jurisdiction in
16all matters relating to the prevention, detection and control of forest pests on the
17forest lands of the state, and to do all things necessary in the exercise of such
18authority and jurisdiction
, except that this shall not be construed to grant any
19powers or authority to the department for the silvicultural control of forest pests on
20any land. This section shall apply only to the detection and control of forest pests on
21forest lands and does not affect the authority of the department of agriculture, trade
22and consumer protection under chs. 93 and 94. The action of the department under
23sub. (4) shall be coordinated with the department of agriculture, trade and consumer
24protection in accordance with s. 20.901. The secretaries of natural resources and
1agriculture, trade and consumer protection shall execute annually a memorandum
2of agreement to enable the coordination of pest control work of their departments.
AB926, s. 520
3Section
520. 26.30 (4) of the statutes is amended to read:
AB926,106,84
26.30
(4) Surveys, investigations and control. The department shall make
5surveys and investigations to determine the presence, condition and extent of
6infestations and it shall also carry on control measures when necessary. For such
7purposes the department or its
wardens state forest rangers may enter public and
8private lands at reasonable times without incurring a liability to anyone.
AB926, s. 521
9Section
521. 26.30 (5) of the statutes is amended to read:
AB926,106,1510
26.30
(5) Cooperative agreements. To carry out the purposes of this section
11the department may enter into arrangements or agreements with the University of
12Wisconsin System, the department of
agriculture, trade and consumer protection 13natural resources, other departments of this and other states, the U.S. department
14of agriculture and other federal agencies and with counties, towns, corporations and
15individuals.
AB926, s. 522
16Section
522. 26.36 of the statutes is amended to read:
AB926,106,24
1726.36 Forest energy resources. Biennially, in consultation with the
18department of
agriculture, trade and consumer protection natural resources and any
19other appropriate agency, the department shall prepare a report regarding the
20extent of forest lands in this state and the potential of such lands to provide fuel for
21use in electric generating facilities, industrial facilities and home heating systems.
22The report shall evaluate progress made in meeting the afforestation goal under s.
231.12 (3) (c). The department shall submit the report before April 1 of each
24even-numbered year to the legislature under s. 13.172 (3).
AB926, s. 523
25Section
523. 26.37 (1) (intro.) of the statutes is amended to read:
AB926,107,7
126.37
(1) (intro.) The department of
natural resources agriculture, trade and
2consumer protection and the department of commerce shall
jointly develop a comply
3with any plan
to establish developed by the department of natural resources and the
4department of commerce to establish a lake states wood utilization consortium to
5provide research, development and demonstration grants to enhance the forest
6products industry in Wisconsin and other states
. The
if the plan
shall do does all of
7the following:
AB926, s. 524
8Section
524. 26.37 (1) (a) of the statutes is amended to read: