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.
23.0955(2)(a)(a) 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:
23.0955(2)(a)1.
1. The corporation is exempt from taxation under section
501 (a) of the internal revenue code.
23.0955(2)(a)2.
2. The corporation provides support to nonprofit conservation organizations.
23.0955(2)(a)3.
3. The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.
23.0955(2)(a)4.
4. The corporation contributes $25,000 in funds to be used with the grant under this subsection.
23.0955(2)(am)
(am) 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).
23.0955(2)(b)
(b) A corporation receiving a grant under this subsection shall do all of the following:
23.0955(2)(b)1.
1. Assist in the establishment of nonprofit conservation organizations.
23.0955(2)(b)2.
2. Provide technical assistance to nonprofit conservation organizations, especially in the areas of management, receiving federal tax exemptions, conservation easements and real estate transactions.
23.0955 History
History: 1993 a. 343 ss.
17,
19;
1995 a. 459.
23.096
23.096
Grants to nonprofit conservation organizations. 23.096(1)(1) In this section, "property" means land or an interest in land.
23.096(3)
(3) 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:
23.096(3)(a)
(a) Standards for the management of the property to be acquired.
23.096(3)(b)
(b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
23.096(3)(bn)
(bn) 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.
23.096(3)(c)
(c) A clause that any subsequent sale or transfer of the property to be acquired is subject to
subs. (4) and
(5).
23.096(4)(a)(a) 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:
23.096(4)(a)1.
1. The department approves the subsequent sale or transfer.
23.096(4)(a)2.
2. 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).
23.096(4)(b)
(b) 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.
23.096(5)
(5) If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state.
23.096(6)
(6) 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.
23.097
23.097
Urban forestry grants. 23.097(1)
(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.
23.097(2)
(2) The department shall promulgate rules establishing criteria for awarding grants under this section.
23.097 History
History: 1991 a. 39,
269;
1993 a. 213.
23.098
23.098
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.
23.098(2)
(2) 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.
23.098(3)
(3) The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants.
23.098(4)(a)(a) 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.
23.098(4)(b)
(b) 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.
23.098(5)
(5) 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.
23.098(6)
(6) For purposes of
s. 23.0915 (1), moneys expended as grants under this section shall be treated as moneys expended for general property development.
23.098 History
History: 1991 a. 39;
1993 a. 461.
23.10
23.10
Conservation wardens. 23.10(1)
(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.
23.10(2)
(2) 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.
23.10(4)
(4) 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 .... ....
23.10(5)
(5) 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.
23.10(6)
(6) 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.
23.11
23.11
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.
23.11(2)
(2) 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.
23.11(4)
(4) 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.
23.11(5)
(5) 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.
23.11 History
History: 1971 c. 273;
1983 a. 524.
23.11 Annotation
Under sub. (4), DNR wardens have general law enforcement authority on state-owned lands and property under DNR's supervision, management and control. 68 Atty. Gen. 326.
23.115
23.115
Designation of trails, etc. 23.115(1)
(1) The department shall designate trails, campgrounds, picnic areas and other special use areas for property under its control. These trails, campgrounds, picnic areas and other special use areas shall be designated on maps available at the department's district office, on a sign outside the office on the property or on signs placed by the trails, campgrounds, picnic areas or other use areas at the option of the department.
23.115(2)
(2) The department shall inspect trail signs and designated features twice a year, once before July 1 and once after July 1.
23.115(3)
(3) Subsection (2) does not apply to snowmobile trails on land under the control of the department that are maintained by snowmobile clubs or other nonprofit organizations.
23.115 History
History: 1977 c. 418;
1983 a. 418 s.
3; Stats. 1983 s. 23.115;
1995 a. 294.
23.117
23.117
Use of trails by bicycles. 23.117(1)
(1) No person may operate a bicycle on a trail in a state park or in the Kettle Moraine state forest unless the department has determined that the trail will be opened for use by bicycles and has posted the trail open for such use.
23.117(3)
(3) The department shall patrol on a regular basis the trails in state parks and in the Kettle Moraine state forest that are open to use by bicycles.
23.117(4)
(4) Any council that is created by the natural resources board under
s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles shall have its recommendations regarding such use reviewed and approved by the natural resources board before they are implemented.
23.117 History
History: 1991 a. 269.
23.12
23.12
Bylaws. Said natural resources board may make and establish such rules and bylaws, not inconsistent with law, as it deems useful to itself and its subordinates in the conduct of the business entrusted to it.
23.13
23.13
Governor to be informed. The board of commissioners of public lands and the department of natural resources shall furnish to the governor upon the governor's request a copy of any paper, document or record in their respective offices and give the governor orally such information as the governor may call for.
23.13 History
History: 1971 c. 164;
1991 a. 316.
23.14
23.14
Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977, for any new facility or project, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, recreation areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in
s. 30.40 (15), natural areas and wild rivers.
23.15
23.15
Sale of state-owned lands under the jurisdiction of the department of natural resources. 23.15(1)
(1) The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources when the natural resources board determines that said lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under
s. 16.375 (2).
23.15(2)
(2) Said natural resources board shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said lands should be sold together with an application for the sale of the same. The governor shall thereupon make such investigation as the governor deems necessary respecting said lands to be sold and approve or disapprove such application. If the governor shall approve the same, a permit shall be issued by the governor for such sale on the terms set forth in the application.
23.15(2m)(a)(a) Notwithstanding
sub. (1), the natural resources board shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in
s. 30.40 (15), that is not exempt under
s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:
23.15(2m)(a)1.
1. The land was acquired for its scenic value to the lower Wisconsin state riverway and not for any other purpose.
23.15(2m)(a)3.
3. The sale of the land does not impair the scenic value of the lower Wisconsin state riverway.
23.15(2m)(a)4.
4. The department retains an easement and all other rights that are necessary to preserve the scenic value of the lower Wisconsin state riverway.
