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, the estimated cost of the project exceeds $25,000, or the applicant is requesting approval for a high capacity well described in
s. 281.34 (4) (a) 1. to
3.
23.11 Cross-reference
Cross Reference: See also chs.
NR 1,
45, and
150, Wis. adm. code.
23.11 Annotation
Under sub. (4), DNR wardens have general law enforcement authority on state-owned lands and property under the DNR's supervision, management and control. 68 Atty. Gen. 326.
23.113
23.113
Designation of chief state forester. The secretary shall designate the administrator of the division of forestry in the department as the chief state forester. The chief state forester shall be a professional forester as recognized by the Society of American Foresters.
23.113 History
History: 2001 a. 16,
104.
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 and electric personal assistive mobility devices. 23.117(1)
(1) No person may operate a bicycle or electric personal assistive mobility device 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 or electric personal assistive mobility devices 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 or electric personal assistive mobility devices.
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 or electric personal assistive mobility devices 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;
2001 a. 90.
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.
23.125
23.125
Natural resources board member conflicts of interest. 23.125(1)(1) If a member of the natural resources board is the holder of a permit or license issued by the department under
chs. 280 to
299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license.
23.125(2)
(2) If a member of the natural resources board receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from a holder of or applicant for a permit or license issued by the department under
chs. 280 to
299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license, except that this restriction does not apply with respect to a permit or license held or applied for by an agency, department, or subdivision of this state.
23.125 History
History: 2001 a. 16.
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. 560.9810 (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.
23.15(2m)(b)
(b) Notwithstanding
sub. (1), the natural resources board is not required to make a finding that land to be sold under
par. (a) is no longer necessary for the state's use for conservation purposes.
23.15(2m)(c)
(c) The procedure in
sub. (2) does not apply to sales of land under this subsection.
23.15(3)
(3) Upon completion of such sale, the chairperson and secretary of the natural resources board, or the secretary of natural resources, if the secretary is duly authorized by the natural resources board, shall execute such instruments as are necessary to transfer title and the natural resources board or its duly authorized agents shall deliver the same to the purchaser upon payment of the amount set forth in the application.
23.15(4)
(4) Said natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating and establishing of public hunting and fishing grounds, wildlife and fish refuges and state parks and for land in the lower Wisconsin state riverway as defined in
s. 30.40 (15).
23.15(5)(a)(a) In this subsection, "surplus land" means land under the jurisdiction of the department which is unused and not needed for department operations or included in the department's plan for construction or development.
23.15(5)(b)
(b) Biennially, beginning on January 1, 1984, the department shall submit to the state building commission and the joint committee on finance an inventory of surplus land containing the description, location and fair market value of each parcel.
23.16(1)(1)
Publication. The department may produce, issue or reprint magazines or other periodicals on a periodic basis as it determines, pertaining to fish and game, forests, parks, environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals, except that no fee may be charged to a person who is provided a subscription to the Wisconsin Natural Resources Magazine under
s. 29.235.
23.16(2)
(2) Advertising. The department may advertise and sell advertising space in its magazines and other periodicals. The department may advertise or otherwise publicize its magazines and other periodicals. The advertising and publicizing shall be consistent with the goals, purposes and functions of the department.
23.16(3)
(3) Subscriber lists. The department may refuse to reveal names and addresses of persons on any magazine or periodical subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of any magazine or periodical subscriber list. The department may not reveal names and addresses of persons as prohibited under
s. 23.45 (4). No person who obtains or uses any magazine or periodical subscriber list from the department may refer to the department, the magazine or the periodical as the source of names or addresses unless the person clearly states that the provision of, or permission to use, the subscriber list in no way indicates any of the following:
23.16(3)(a)
(a) The department's involvement or connection with the person or the person's activities.
23.16(3)(b)
(b) The department's knowledge, approval or authorization of the person's activities.
23.16(4)
(4) Costs. Notwithstanding
ss. 20.908 and
35.78 (2) the fee charged by the department in selling each of its magazines and periodicals shall be at least equal to the amount necessary to cover the production, storage, handling and distribution costs of each magazine and periodical.
23.16(5)
(5) Use of moneys. The department shall use the moneys collected under this section for the costs specified in
sub. (4). If the moneys collected under this section exceed the amount necessary for the costs specified in
sub. (4), the department shall use the excess for educational and informational activities concerning conservation and the environment.
23.165
23.165
Promotional activities; other publications. 23.165(1)(1)
Publications. The department may produce, issue, reprint and sell publications not published on a periodic basis that pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.
23.165(1m)
(1m) Photographs, slides, videotapes, artwork. The department may produce, issue, reprint and sell photographs, slides, videotapes and artwork if they pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.
23.165(2)
(2) Advertising space. The department may advertise and sell advertising space in its publications. Any advertising shall be consistent with the goals, purposes and functions of the department.
23.165(3)
(3) Promotional activities. The department may promote, through the sale of merchandise or otherwise, advertise or otherwise publicize department programs, department publications, and all properties, lands, facilities, waterways, projects and other areas subject to the jurisdiction or control of the department. The promotion, advertising and publicizing shall be consistent with the goals, purposes and functions of the department.
23.165(4)
(4) Subscriber lists. The department may refuse to reveal names and addresses of persons on any publication subscriber list. The department may not reveal names and addresses as prohibited under
s. 23.45 (5). The department may charge a fee to recover the actual costs for providing or for the use of a publication subscriber list. No person who obtains or uses a publication subscriber list from the department may refer to the department or the publication as the source of names or addresses unless the person clearly states that the provision of, or permission to use, the subscriber list in no way indicates any of the following:
23.165(4)(a)
(a) The department's involvement or connection with the person or the person's activities.
23.165(4)(b)
(b) The department's knowledge, approval or authorization of the person's activities.
23.165(5)
(5) Costs. Notwithstanding
ss. 20.908 and
35.78 (2), any price set or fee charged by the department in selling a publication, photograph, slide, videotape, artwork or promotional merchandise shall be at least equal to the amount necessary to cover the production, promotional, storage, handling and distribution costs of the publication, photograph, slide, videotape, artwork or promotional merchandise.
23.165(5m)
(5m) Use of moneys. The department shall use the moneys collected under this section for the costs specified in
sub. (5). If the moneys collected under this section exceed the amount necessary for the costs specified in
sub. (5), the department shall use the excess for educational and informational activities concerning conservation and the environment.
23.165(6)
(6) Report to legislature. The department shall annually submit a report concerning the activities, receipts and disbursements under this section for the preceding fiscal year to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
23.17
23.17
Ice age trail. 23.17(1)(1)
Definition. In this section:
23.17(1)(a)
(a) "Municipality" means a city, village, town, county or special purpose district.
23.17(2)
(2) Designation. The ice age national scenic trail, as provided for in
16 USC 1244 (a) (10), plus the lands adjacent to each side of that trail designated by the department, is designated a state scenic trail, to be known as the "Ice Age Trail".
23.17(3)
(3) Duties of the department. The department shall:
23.17(3)(a)
(a) Encourage other state agencies, municipalities, organizations and individuals to participate in planning, establishing, developing and maintaining the ice age trail.
23.17(3)(b)
(b) Provide information to any person involved in planning, establishing, developing or maintaining the ice age trail regarding trail design, signs, interpretive markers and any other aspects of the ice age trail in which uniformity is desirable.
23.17(3)(c)
(c) Encourage municipalities to develop land use plans which preserve rights-of-way for future establishment of the ice age trail.
23.17(3)(d)
(d) Prepare a trail management plan and plan for interpretive markers for the ice age trail, in cooperation with the national park service, federal department of the interior.
23.17(3)(e)
(e) Coordinate the activities of all state agencies which own property that includes any existing or planned portion of the ice age trail and maintain regular contact with such agencies.
23.17(3)(f)
(f) Identify portions of the ice age trail which are proposed to be located on state-owned property, especially highway rights-of-way, and contact state agencies which own such property as soon as possible so that adequate plans for the location of the trail on state property may be developed and the trail location may be altered if the use of state property proves to be impossible.
23.17(3)(g)
(g) Coordinate its planning efforts relating to the location, development and maintenance of the ice age trail with the efforts of the national park service, federal department of the interior and any statewide nonprofit organization established for the purpose of planning, developing and maintaining the ice age trail.
23.17(4)
(4) Powers of the department. The department may acquire land for the ice age trail under
s. 23.09 (2) (d) 10., and may develop the ice age trail on lands under its ownership along the trail route.
23.17(5)(a)(a) A state agency may not refuse to permit construction of a portion of the ice age trail on property owned by the state agency if the state agency determines that the trail does not conflict with other existing or proposed uses of the property.
23.17(5)(b)
(b) Each state agency shall consider the ice age trail in the long-range plans for property owned by the state agency.
23.17(5g)
(5g) Permitted uses. The construction on or use of land designated by the department as part of the ice age trail under this section and
s. 23.293 is a permitted use under any zoning ordinance enacted by a municipality.
23.17(5r)
(5r) Municipal land. A municipality may not refuse to permit construction of a portion of the ice age trail on property owned by the municipality if the municipality determines that the trail does not conflict with other existing or proposed uses of the property.
