23.30 Annotation
ORAP funds may be used to restore deteriorated milldams provided a public use is evident. 63 Atty. Gen. 245.
23.30 Annotation
The department has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63 Atty. Gen. 519.
23.305
23.305
Leasing of department land for recreational purposes. 23.305(1)(1) In this section, "spectator sports" means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration:
23.305(2)
(2) Notwithstanding
ss. 23.30 and
28.04, the department may lease state park land or state forest land to towns, villages or counties for outdoor recreational purposes associated with spectator sports.
23.305(3)
(3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the lease shall be paid into the state treasury and credited to the proper fund.
23.305 History
History: 1985 a. 29.
23.31
23.31
Recreation resources facilities. 23.31(1)(a)(a) To provide and develop recreation resources facilities within this state, the natural resources board, subject to the limits provided in
s. 20.866 (2) (tp),
(ts) and
(tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.
23.31(1)(b)
(b) With their biennial budget request to the department of administration, the natural resources board shall include its request and plan for recreational acquisition and development funding under
s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.
23.31(2)(a)(a) The debt shall be contracted for in the manner and form the legislature prescribes.
23.31(2)(b)
(b) It is the intent of the legislature that state debt not to exceed $56,055,000 in the 12-year period from 1969 to 1981 may be incurred for the comprehensive provision of outdoor recreation facilities as provided under
s. 23.30 but any unappropriated or uncommitted portion of this debt shall be continued beyond 1981.
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 data base 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.
Effective date note
NOTE: Par. (a) is amended eff. 9-1-03 by
1997 Wis. Act 27 to read:
Effective date text
(a) Shall consult with the 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;
1997 a. 27.
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)(id)
(id) "Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.
23.33(1)(ie)
(ie) "Lac du Flambeau reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.
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 under this subsection or
sub. (2g), 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 under this subsection or
sub. (2g), 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.
