23.31(2)(c)
(c) It is the intent of the legislature that state debt not to exceed $60,000,000 in the 10-year period from July 1, 1981 to July 1, 1991, may be incurred to support outdoor recreation land acquisition activities.
23.32
23.32
Wetlands mapping. 23.32(1)(1) In this section "wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
23.32(2)(a)(a) For the purpose of advancing the conservation of wetland resources the department shall prepare or cause to be prepared maps that, at a minimum, identify as accurately as is practicable the individual wetlands in the state which have an area of 5 acres or more.
23.32(2)(b)
(b) Mapping priorities, technical methods and standards to be used in delineating wetlands and a long-term schedule which will result in completion of the mapping effort at the earliest possible date, but not later than July 1, 1984, shall be developed by the department in cooperation with those other state agencies having mapping, aerial photography and comprehensive planning responsibilities.
23.32(2)(c)
(c) Wetland maps shall be prepared utilizing the best methods practicable with the funds available for that purpose and shall be based upon data such as soil surveys, aerial photographs and existing wetland surveys and may be supplemented by on-site surveys and other studies.
23.32(2)(d)
(d) The department shall cooperate with the land information board under
s. 16.967 in conducting wetland mapping activities or any related land information collection activities.
23.32(3)(a)(a) The department may sell, and may enter into contracts to sell, wetland maps. The fees for the maps shall be as follows:
23.32(3)(a)3.
3. For each copy of a digital wetland database covering one township, $15.
23.32(3)(b)
(b) The department, by rule, may increase any fee specified in
par. (a). Any increased fee must at least equal the amount necessary to cover the costs of preparing, producing and selling the wetland maps.
23.325
23.325
Aerial photographic survey. 23.325(1)
(1) The department shall make, on a periodic basis, an aerial photographic survey of the state to provide the basis for state planning and resource and forestry management. In performing this duty, the department:
23.325(1)(a)
(a) Shall consult with the land information board, the department of transportation and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.
23.325(1)(b)
(b) May contract with other state agencies or nongovernmental entities to carry out the photographic imagery acquisition phases of the survey and to prepare specific photographic products for use by federal, state and local agencies and the general public.
23.325(2)(a)(a) After consultation with the department of transportation and the state cartographer, the department of natural resources shall select the photographic products to be sold.
23.325(2)(b)
(b) The department of administration shall establish sale prices for the photographic products. The department of administration shall establish sale prices annually at a level that at least equals the amount necessary to cover the costs of photographic imagery acquisition and the production of photographic products and the costs of selling and reproducing the productions.
23.325(3)
(3) The department of natural resources may sell and may enter into contracts to sell the photographic products.
23.325(4)
(4) All income received by the department of natural resources and the department of transportation from the sale of the photographic products, less the amount retained by the department of transportation under
s. 85.10, shall be deposited in the conservation fund.
23.325 History
History: 1991 a. 39.
23.33
23.33
All-terrain vehicles. 23.33(1)
(1)
Definitions. As used in this section:
23.33(1)(a)
(a) "Accompanied" means being subject to continuous verbal direction or control.
23.33(1)(ag)
(ag) "Agricultural purpose" means a purpose related to beekeeping, operating commercial feedlots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, operating orchards, plant greenhouses or nurseries, poultry raising, raising grain, grass, mint or seed crops, sod farming or raising fruits, nuts, berries or vegetables.
23.33(1)(bd)
(bd) "All-terrain vehicle dealer" means a person engaged in the sale of all-terrain vehicles for a profit at wholesale or retail.
23.33(1)(bh)
(bh) "All-terrain vehicle distributor" means a person who sells or distributes all-terrain vehicles to all-terrain vehicle dealers or who maintains distributor representatives.
23.33(1)(bp)
(bp) "All-terrain vehicle manufacturer" means a person engaged in the manufacture of all-terrain vehicles for sale to the public.
23.33(1)(bt)
(bt) "All-terrain vehicle renter" means a person engaged in the rental or leasing of all-terrain vehicles to the public.
23.33(1)(c)
(c) "All-terrain vehicle route" means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.
23.33(1)(d)
(d) "All-terrain vehicle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.
23.33(1)(h)
(h) "Immediate family" means persons who are related as spouses, as siblings or as parent and child.
23.33(1)(i)
(i) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.
23.33(1)(ic)
(ic) "Intoxicated operation of an all-terrain vehicle law" means
sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain vehicle is involved,
s. 940.09 or
940.25.
23.33(1)(if)
(if) "Land under the management and control of a person's immediate family" means land owned or leased by the person or a member of the person's immediate family over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
23.33(1)(ig)
(ig) "Law enforcement officer" has the meaning specified under
s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under
s. 23.10 (1).
23.33(1)(ir)
(ir) "Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain vehicle necessary to put it in motion.
23.33(1)(it)
(it) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or the physical manipulation or activation of any of the controls of an all-terrain vehicle necessary to put it in motion.
23.33(1)(iw)
(iw) "Operator" means a person who operates an all-terrain vehicle, who is responsible for the operation of an all-terrain vehicle or who is supervising the operation of an all-terrain vehicle.
23.33(1)(j)
(j) "Owner" means a person who has lawful possession of an all-terrain vehicle by virtue of legal title or equitable interest in the all-terrain vehicle which entitles the person to possession of the all-terrain vehicle.
23.33(1)(je)
(je) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person's blood, breath or urine.
23.33(1)(jp)
(jp) "Small all-terrain vehicle" means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 90 cubic centimeters or an equivalent power unit.
23.33(1)(js)
(js) "Test facility" means a test facility or agency prepared to administer tests under
s. 343.305 (2).
23.33(1)(n)
(n) "Used exclusively on private property" means use of an all-terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.
23.33(2)(a)(a)
Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use with the department under this section, is exempt from registration or is operated with a reflectorized plate attached in the manner specified under
par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use with the department under this section, is exempt from registration or is operated with a reflectorized plate attached in the manner specified under
par. (dm) 3.
23.33(2)(b)
(b)
Exemptions. An all-terrain vehicle is exempt from registration if it is:
23.33(2)(b)1.
1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle shall display in a visible manner the name of the owner.
23.33(2)(b)2.
2. Covered by a valid registration in another state, province or country if there is some identification of registration displayed on the all-terrain vehicle and it has not been in this state for more than 15 consecutive days.
23.33(2)(b)2m.
2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
23.33(2)(b)2m.a.
a. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
23.33(2)(b)2m.b.
b. The all-terrain vehicle displays the registration decal required by the tribe or band.
23.33(2)(b)2m.c.
c. The all-terrain vehicle has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
23.33(2)(b)3.
3. Used exclusively for racing on a raceway facility.
23.33(2)(b)4.
4. Owned by a political subdivision of the state and used for enforcement or emergency purposes.
23.33(2)(b)5.
5. Specified as exempt from registration by department rule.
23.33(2)(c)
(c)
Registration; public use; fee. Any all-terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use is $12.
23.33(2)(d)
(d)
Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.
23.33(2)(dm)1.1. Every person who is an all-terrain vehicle manufacturer, all-terrain vehicle dealer, all-terrain vehicle distributor or all-terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle certificate.
23.33(2)(dm)2.
2. The fee for the issuance or renewal of a commercial all-terrain vehicle certificate is $36. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $12 per plate.
23.33(2)(dm)3.
3. A person who is required to obtain a commercial all-terrain vehicle certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate to any all-terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle is being operated.
23.33(2)(e)
(e)
Other fees. The fee for the transfer of an all-terrain vehicle registration certificate is $2. The fee for the issuance of a duplicate all-terrain vehicle registration certificate, duplicate commercial all-terrain vehicle certificate or duplicate registration decals is $2. The fee for the issuance of registration decals to a county or municipality is $2. There is no fee for the issuance of registration decals to the state.
23.33(2)(f)1.1. Except as provided under
subd. 2., an all-terrain vehicle public-use registration certificate is valid for a 2-year period.
23.33(2)(f)2.
2. The department may specify by rule an annual expiration date for all-terrain vehicle registrations and may reduce the effective period of a registration so it expires on that date.
23.33(2)(g)
(g) Effective period; private use. An all-terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle is transferred.
23.33(2)(gm)1.1. Except as provided under
subd. 2., a commercial all-terrain vehicle certificate is valid for a 2-year period.
23.33(2)(gm)2.
2. The department may specify by rule an annual expiration date for commercial all-terrain vehicle certificates and may reduce the effective period of a commercial all-terrain vehicle certificate so it expires on that date.
23.33(2)(h)
(h)
Procedures; requirements. The department shall establish by rule procedures and requirements for all-terrain vehicle registration.
23.33(2m)
(2m) Rental of all-terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle for operation by a person who will be operating an all-terrain vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate an all-terrain vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-terrain vehicle without first ascertaining that any person under the age of 18 who will be on the all-terrain vehicle has protective headgear of the type required under
s. 347.485 (1) (a).
23.33(2m)(b)
(b) A person who is engaged in the rental or leasing of all-terrain vehicles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles that the person rents or leases.
