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.
23.17(6)(a)(a) This section does not limit the authority of the department to designate other trails under
s. 23.115.
23.17(6)(b)
(b) This section does not preclude any portion of the ice age trail from being designated as a part of the national trails system.
23.17 History
History: 1987 a. 98,
399;
1991 a. 39.
23.175(1)(a)
(a) "Political subdivision" means a city, village, town or county.
23.175(1)(b)
(b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under
ch. 231,
233,
234, or
237 but not including the legislature or the courts.
23.175(2)
(2) Duties of the department. The department shall:
23.175(2)(a)
(a) Designate a system of state trails as part of the state park system for use by equestrians, bicyclists, riders of electric personal assistive mobility devices, cross-country skiers or hikers.
23.175(2)(b)
(b) Encourage other state agencies, political subdivisions, organizations and individuals to participate in planning, establishing, developing and maintaining state trails.
23.175(2)(c)
(c) Seek the advice of and consult with the state trails council regarding the planning, acquisition, development and management of state trails.
23.175(2)(d)
(d) Provide information to any person involved in planning, establishing, developing or maintaining state trails regarding trail design, signs and any other aspects of the trails in which uniformity is desirable.
23.175(2)(e)
(e) Encourage political subdivisions to develop land use plans that preserve rights-of-way for the future establishment of trails.
23.175(2)(g)
(g) Coordinate the activities of all state agencies that own property that includes any existing or planned portion of a state trail and maintain regular contact with those state agencies.
23.175(2)(h)
(h) Identify portions of state trails that are proposed to be located on property owned by state agencies.
23.175(2)(i)
(i) Coordinate its planning efforts relating to the location, establishment, development and maintenance of state trails with the efforts of statewide, nonprofit organizations established for the purpose of planning, establishing, developing and maintaining trails.
23.175(2)(j)
(j) Establish priorities for trail acquisition and development with a higher priority for trails that establish connections between existing trails.
23.175(3)
(3) Powers of the department. The department may:
23.175(3)(a)
(a) Develop and construct state trails on lands under its ownership.
23.175(3)(b)1.
1. The amount of a gift, grant or bequest received for a state trail under this section.
23.175(3)(b)2.
2. The fair market value of land donated for a state trail under this section.
23.175(3m)
(3m) Allocation between appropriations. For purposes of
sub. (3) (b), the department shall determine how the moneys being expended are to be allocated from the appropriations under
s. 20.866 (2) (ta) and
(tz). The department may not allocate or expend any moneys from the appropriation under
s. 20.866 (2) (ta) before July 1, 2000.
23.175(4)
(4) Limit on spending. Except as provided in
s. 23.0915 (2), the department may not expend from the appropriation under
s. 20.866 (2) (tz) more than $1,000,000 under this section for trails and for grants for this purpose under
s. 23.096 in each fiscal year.
23.175(4m)
(4m) Priority for brownfields. In awarding grants for trails under
s. 23.096, the department shall give higher priority for projects related to brownfields redevelopment, as defined in
s. 23.09 (19) (a) 1.
23.175(5)(a)(a) A state agency may not refuse to permit the department to construct a portion of a state trail designated under
sub. (2) on property owned by the state agency if the state agency determines that the trail does not conflict with other existing or planned uses of the property.
23.175(5)(b)
(b) Each state agency shall consider state trails in the long-range plans for property owned by the state agency.
