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 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 department of administration 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.
23.32 Cross-reference
Cross-reference: See also s.
NR 1.95, Wis. adm. code.
23.321
23.321
Wetland map review, identification, and confirmation. 23.321(2)
(2) Any person who owns or leases land may request that the department provide any of the following services for the fee specified in
sub. (3):
23.321(2)(a)
(a) A wetland map review that consists of a written evaluation, based upon a review of wetland maps prepared by the department under
s. 23.32 or other information available to the department, of whether a parcel of land is likely to contain a wetland. The evaluation shall describe the method used by the department to review the wetland maps.
23.321(2)(b)
(b) A wetland identification that consists of a written evaluation, based upon an on-site inspection of the land by the department, of whether a parcel of land contains a wetland. The department shall provide a wetland identification only for a parcel of land, or a part of a parcel of land, that does not exceed 5 acres.
23.321(2)(c)
(c) A wetland confirmation that consists of a written statement, based upon an on-site inspection of the land by the department, of whether the department concurs with the boundaries of a wetland as delineated by a 3rd person. The delineation prepared by the 3rd person shall include the exact location and boundaries of the wetland. If the department concurs with the boundaries of a wetland delineated by a 3rd person, the department's statement under this paragraph shall also include the exact location and boundaries of the wetland. The department may not provide a wetland confirmation under this paragraph before the earlier of the following:
23.321(2)(c)1.
1. The date on which the department enters into a memorandum of agreement with the U.S. Army Corps of Engineers as specified in
sub. (2m).
23.321(2m)
(2m) The department shall negotiate with the U.S. Army Corps of Engineers to enter into a memorandum of agreement that provides that the U.S. Army Corps of Engineers will concur with any wetland confirmation provided by the department under
sub. (2) (c).
23.321(3)
(3) The department shall charge the following fee for services provided under
sub. (2):
23.321(3)(b)
(b) For a wetland identification under
sub. (2) (b), $300 for each acre inspected by the department.
23.321(3)(c)
(c) For a wetland confirmation under
sub. (2) (c), $300 for each 20 acres inspected by the department.
23.321(4)(a)(a) Except as provided under
par. (b), the department shall do all of the following:
23.321(4)(a)1.
1. Provide a wetland map review not later than 15 days after a person files a request, in the manner and form required by the department, for a wetland map review.
23.321(4)(a)2.
2. Provide a wetland identification not later than 30 days after a person files a request, in the manner and form required by the department, for a wetland identification.
23.321(4)(a)3.
3. Provide a wetland confirmation not later than 30 days after a person files a request, in the manner and form required by the department, for a wetland confirmation.
23.321(4)(b)
(b) If adverse weather conditions, or other conditions at the site, prevent the department from conducting an accurate on-site inspection under
sub. (2) (b) or
(c) in sufficient time to comply with the deadline under
par. (a), the department shall provide a wetland identification under
sub. (2) (b) or a wetland confirmation under
sub. (2) (c) as soon as possible after weather conditions, or other conditions at the site, allow the department to conduct an accurate on-site inspection. Within 30 days after determining that adverse weather conditions, or other conditions at the site, will prevent the department from complying with the deadline under
par. (a), the department shall give notice to the person requesting the wetland identification or wetland confirmation that adverse weather conditions, or other conditions at the site, will prevent the department from complying with the deadline and giving notice to the person that the department will provide the wetland identification or wetland confirmation as soon as possible after weather conditions, or other conditions at the site, allow the department to conduct an accurate on-site inspection.
23.321(5)
(5) A wetland identification provided by the department under
sub. (2) (b) and a wetland confirmation provided by the department under
sub. (2) (c) remain effective for 5 years from the date provided by the department.
23.321(6)
(6) If the department determines under this section that a parcel of land is likely to or does contain a wetland, or that it concurs with the boundaries of a wetland as delineated by a 3rd person, the department shall include this information on wetland maps prepared under
s. 23.32.
23.321 History
History: 2009 a. 373.
23.322
23.322
Fees for computer accessible water resource management information. The department may charge a fee for providing any information that it maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource management information.
23.322 History
History: 1999 a. 9;
2001 a. 104.
23.323
23.323
Wetlands informational brochure. The department shall furnish an informational brochure to cities, villages, towns, and counties for distribution to the public that describes the laws that apply to wetlands.
23.323 History
History: 2009 a. 373.
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 department of administration, 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.
23.33
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)(bc)
(bc) "All-terrain vehicle club" means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.
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 the 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.
