23.098(6)
(6) For purposes of
s. 23.0915 (1), moneys encumbered or expended for grants under this section shall be treated as moneys encumbered or expended for general property development.
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 ...., .... (year)
(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, 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.
23.114
23.114
Duties of the chief state forester. 23.114(1)(a)(a) In this section, "state forest land" means all forested lands owned by this state and under the jurisdiction of the department.
23.114(1)(b)
(b) Except as provided in
par. (c), the chief state forester may declare, and shall manage, emergencies that threaten state forest lands. The department shall promulgate rules specifying those emergencies over which the chief state forester shall have management responsibility. The emergencies specified in the rules shall include invasive species or pest infestation, disease, and damage to timber from fire, snow, hail, ice, or wind.
23.114(1)(c)
(c) Paragraph (b) does not apply to a state of emergency declared by the governor under
s. 323.10 and does not supersede the authority of the department of agriculture, trade and consumer protection under
ch. 94.
23.114(2)
(2) The chief state forester shall report directly to the secretary of the department.
23.114 History
History: 2005 a. 166;
2009 a. 42.
23.114 Cross-reference
Cross-reference: See also s.
NR 45.075, Wis. adm. code.
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.
23.119
23.119
Consent to use certain off-highway vehicles. 23.119(1)(b)
(b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile or all terrain vehicle.
23.119(2)
(2) No person may operate an off-highway vehicle on private property without the consent of the owner of the property.
23.119(3)
(3) No person may operate an off-highway vehicle on public property that is posted as closed to the operation of off-highway vehicles or on which the operation of an off-highway vehicle is prohibited by law.
23.119 History
History: 2009 a. 252.
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.
23.135
23.135
Forest land inventory and report. 23.135(1)
(1) In this section, "state forest land" means any parcel of 10 or more contiguous acres of forested land owned by this state and under the jurisdiction of the department.
23.135(2)
(2) The department shall undertake and maintain a current inventory of state forest lands. The inventory shall specify the condition of the forest resources in state forest lands.
23.135(3)
(3) If the department prohibits the use of timber harvesting on any state forest land, the department shall prepare a report that contains a projection of the long-term forest health effects, a projection of the economic effects, and a projection of the public benefits that result from that prohibition.
23.135(4)(a)(a) Except as provided in
par. (b), if the department is required to prepare a report under
sub. (3) for any state forest land, the department shall prepare that report by January 1, 2010, and every 15 years thereafter.
23.135(4)(b)
(b) If the department is required to prepare a report under
sub. (3) for any state forest land for which a master plan has not been approved, the department shall prepare that report upon approval of the master plan and every 15 years thereafter.
23.135(5)
(5) The department shall submit the report required under
sub. (3) to the council on forestry and to the appropriate standing committee in each house of the legislature under
s. 13.172 (3).
23.135 History
History: 2005 a. 166.
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, except central or district office facilities, 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.
23.15(6)
(6) This section does not apply to property that is authorized to be sold under
s. 16.848.
