23.33 History
History: 1985 a. 29;
1987 a. 200,
353,
399,
403;
1989 a. 31,
275,
359;
1991 a. 39,
303,
315;
1993 a. 16,
105,
119,
405;
1995 a. 27 ss.
1350 to
1351,
9126 (19);
1995 a. 436,
448;
1997 a. 27,
248,
283;
1999 a. 9;
2001 a. 16,
90,
106,
109;
2003 a. 30,
97,
251,
326;
2005 a. 25,
253,
481;
2007 a. 20 ss.
664m to
666m,
9121 (6) (a);
2007 a. 27,
209;
2009 a. 85,
175,
252,
367;
2011 a. 35,
51,
208,
258; 13.92 (1) (bm) 2.
23.33 Cross-reference
Cross-reference: See also ch.
NR 64, Wis. adm. code.
23.33 Annotation
The safety certificate requirement under sub. (5) is a creation of the legislature, and the legislature has specified who is required to comply with the requirement. When a person is not required to obtain a safety certificate, that person cannot be negligent for failing to do so. Hardy v. Hoefferle,
2007 WI App 264,
306 Wis. 2d 513,
743 N.W.2d 843,
06-2861.
23.33 Annotation
County forest roads open to vehicular traffic are highways that can be designated as routes under sub. (8) (b).
77 Atty. Gen. 52.
23.33 Annotation
Even if the primary purpose of designating short county highway segments as ATV routes is to allow a private organization to enhance its system of trails that benefit club members and their invitees, such designations will not violate the public purpose doctrine if no county resources are expended and no county expenditures occur as a result of those designations.
OAG 3-11.
23.35
23.35
Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. 23.35(1)(1) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:
23.35(1)(a)
(a) Requires that boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.
23.35(1)(b)
(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile, all-terrain vehicle, or utility terrain vehicle.
23.35(1)(c)
(c) Employs a sequential numbering system that includes a series of letters or initials that identify the tribe or band issuing the registration.
23.35(1)(d)
(d) Provides all registration information to this state in one of the following ways:
23.35(1)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement, for incorporation into the registration records of this state, within one working day of the addition, change or deletion.
23.35(1)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.35(1)(e)
(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle that is registered by the tribe or band.
23.35(2)
(2) An agreement entered into under
sub. (1) may cover a registration program for boats, snowmobiles, all-terrain vehicles, or utility terrain vehicles or any combination thereof.
23.35 History
History: 1993 a. 405;
2011 a. 208.
23.38
23.38
Natural resources law violation hotline. 23.38(1)
(1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.
23.38(2)
(2) The department shall maintain records which permit the release of information provided by informants while protecting the identity of the informant. Any records maintained by the department which relate to the identity of informants shall be only for the confidential use of the department in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records maintained by the department.
23.38 History
History: 1979 c. 34;
1993 a. 16 s.
676; Stats. 1993 s. 23.38.
23.39
23.39
Placement of wind turbines. The department shall identify areas in this state where wind turbines, if placed in those areas, may have a significant adverse effect on bat and migratory bird populations. The department shall maintain an Internet Web site that provides this information to the public and that includes a map of the identified areas.
23.39 History
History: 2009 a. 40.
23.40
23.40
Environmental impact statement. 23.40(1)
(1)
Determination if environmental impact statement is required. Any person who files an application for a permit, license or approval granted or issued by the department, shall submit with the application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license or approval. The department may seek such further information as it deems necessary to determine whether it must prepare an environmental impact statement under
s. 1.11.
23.40(2)
(2) Notification; estimate of fee. 23.40(2)(a)(a) If the department is required to prepare an environmental impact statement, it shall notify the person by certified mail.
23.40(2)(b)
(b) The department shall indicate the estimated environmental impact statement fee.
23.40(3)
(3) Environmental impact statement fee. 23.40(3)(a)(a) The department shall charge an environmental impact statement fee if it is required to prepare an environmental impact statement or if it enters into a preapplication service agreement.
23.40(3)(b)
(b) The amount of the environmental impact statement fee shall equal the full cost of the preparation of the environmental impact statement and the full cost of any preapplication services if the department enters into a preapplication service agreement. These costs shall include the cost of authorized consultant services and the costs of printing and postage.
23.40(3)(c)
(c) The department shall determine the manner in which the environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services are provided.
23.40(3)(d)
(d) Except as provided in
par. (e), the department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.
23.40(3)(e)
(e) The department shall credit any environmental impact statement fee for a project involving the generation of electricity to the appropriation under
s. 20.370 (3) (dh).
23.40(4)
(4) Preapplication service agreement. The department may enter into an agreement to provide preapplication services necessary to evaluate the environmental impact of a project or proposed activity, monitor major developments and expedite the anticipated preparation of an environmental impact statement if the project or proposed activity is large, complex or environmentally sensitive and if the person planning the project or proposed activity agrees in writing even though that person has not filed an application for any permit, license or approval granted or issued by the department and no environmental impact statement has been prepared. Preapplication services include preliminary environmental reviews, field studies and investigations, laboratory studies and investigations and advisory services.
23.40(5)
(5) Authorized environmental consultant services. The department may enter into contracts for environmental consultant services under
s. 23.41 to assist in the preparation of an environmental impact statement or to provide preapplication services.
23.40(6)
(6) Exemption from fee for municipalities. Subsections (2) (b) and
(3) do not apply with respect to municipalities, as defined under
s. 345.05 (1) (c).
23.40 Cross-reference
Cross-reference: See also ch.
NR 150, Wis. adm. code.
23.41
23.41
Construction and service contracts. 23.41(1)(a)
(a) "Construction work" includes all labor and materials used in the erection, installation, alteration, repair, moving, conversion, demolition or removal of any building, structure or facility, or any equipment attached to a building, structure or facility.
23.41(1)(b)
(b) "Environmental consultant services" includes services provided by environmental scientists, engineers and other experts.
23.41(2)
(2) The department may contract for construction work related to hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31 or for engineering services or environmental consultant services in connection with such construction work.
23.41(3)
(3) The department may contract for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under
s. 23.40.
23.41(4)
(4) Each contract entered into under this section shall be signed by the secretary or the secretary's designee on behalf of the state.
23.41(5)
(5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from
ss. 16.70 to
16.75,
16.755,
16.76,
16.767 to
16.77,
16.78 to
16.82,
16.855,
16.87, and
16.89, but
ss. 16.528,
16.753,
16.754, and
16.765 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.
23.41(5m)
(5m) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under
sub. (5) for bids or competitive sealed proposals under any of the following circumstances:
23.41(5m)(a)
(a) In an emergency involving the public health, welfare or safety or the environment.
23.41(5m)(b)
(b) The department desires to use innovative or patented technology that is available from only one source and that in the judgment of the department would provide the best practicable hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31.
23.41(6)
(6) The department shall attempt to ensure that at least 5% of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in
s. 16.75 (3m) (a) 4.
23.42
23.42
Environmental consulting costs for federal licensing of power projects. 23.42(1)
(1)
Definitions. In this section:
23.42(1)(a)
(a) "Applicant" means any person who files an application or submits a notification of intent under
16 USC 808 (b) with the commission.
23.42(1)(c)
(c) "Commission" means the federal energy regulatory commission.
23.42(1)(d)
(d) "Date of filing" means the date an applicant submits a notification of intent or the date an applicant files an application, whichever is earlier.
23.42(2)
(2) Authority. In order to carry out its consulting role to the commission under
16 USC 800,
802,
803,
808,
823a and
824a-3 and the federal regulations promulgated under those sections, the department may charge fees to applicants for reviewing and evaluating applications and notifications of intent under
16 USC 808 (b).
23.42(3)
(3) Fees. If the department charges fees under this section:
23.42(3)(a)
(a) The department shall charge fees only for the time it expends reviewing and evaluating an application or a notification of intent from the date of filing until the commission makes a determination whether or not to issue the license.
23.42(3)(b)
(b) The department shall determine the fee for each applicant by calculating the applicant's proportionate share of the costs incurred by the state in a fiscal year in reviewing or evaluating applications or notifications of intent under this section. The department shall calculate the proportionate share for an applicant by dividing the amount of horsepower, as authorized by the commission, of the applicant's power project by the total amount of horsepower, as authorized by the commission, of all power projects being reviewed or evaluated under this section during the fiscal year.
23.42(3)(c)
(c) The department may collect fees on a quarterly basis.
23.42(3)(d)
(d) The department shall deduct any amount it receives as reimbursement under
16 USC 823a for reviewing and evaluating an application or notification of intent from the fee it charges an applicant for reviewing that application or notification of intent.
23.42(4)
(4) Limitation on charging of fees. Notwithstanding
subs. (2) and
(3) (a), the department may not charge any fees under this section after October 1, 1995, for reviewing and evaluating applications or notifications of intent.
23.42(5)
(5) Use of fees. The department may not expend the fees it collects under this section except for the costs that are consistent with and that are necessary for reviewing and evaluating applications and notifications of intent under
16 USC 800,
802,
803,
808,
823a and
824a-3.
23.42 Annotation
This section is unconstitutional. Federal law preempts its application. Wisconsin Valley Improvement Co. v. Meyer,
910 F. Supp. 1375 (1995).
23.425
23.425
Environmental education. 23.425(1)
(1) The department shall seek the advice of the environmental education board on the development of environmental education programs.
23.425(2)(a)(a) The department may charge the participants in a departmental environmental education program fees to cover the costs of the program. The amount charged may not exceed the costs of conducting the program.
23.425(2)(b)
(b) The fees collected by the department under
par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under
s. 20.370 (9) (gb).
23.425 History
History: 1989 a. 299;
1995 a. 27;
1997 a. 27 ss.
785 to
788; Stats. 1997 s. 23.425.
23.425 Cross-reference
Cross-reference: See also s.
NR 1.70, Wis. adm. code.
23.45
23.45
Nondisclosure of certain personal information. 23.45(1)(a)
(a) "Approval" means any approval issued by the department or its agents through an automated system established by the department for the issuance of approvals under
s. 29.024 or the issuance of vehicle admission receipts under
s. 27.01 (7m) (d).
23.45(1)(b)
(b) "List" means a computer generated list compiled or maintained by the department from information provided to the department by individuals who have applied for an approval or for registration and that contains the personal identifiers of 10 or more of those individuals.
23.45(1)(c)
(c) "Personal identifier" means a name, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.
23.45(1)(d)
(d) "Registration" means any registration documentation, as defined in
s. 23.33 (1) (jn) or
s. 350.01 (10t), or certification or registration documentation, as defined in
s. 30.50 (3b), issued by the department or its agents.
23.45(2)
(2) If a form that the department or its agents require an individual to complete in order to obtain an approval or a registration requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or its agents from the information on the form may not be disclosed on a list that the department furnishes to another person.
23.45(3)
(3) If the department or its agents require an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to obtain an approval or a registration from the department, the department or its agents shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on a list that the department furnishes to another person.
23.45(4)
(4) The department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department or its agents may not be disclosed on a list that the department furnishes to another person.
23.45(5)(a)(a) The department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under
sub. (2),
(3) or
(4).
23.45(5)(b)
(b) Paragraph (a) does not apply to a list that the department furnishes to another state agency, a law enforcement agency or a federal governmental agency. A state agency that receives a list from the department containing a personal identifier of any individual who has made a declaration under
sub. (2),
(3) or
(4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency.
23.45 History
History: 1999 a. 88,
186;
2001 a. 16.
23.49
23.49
Credit card use charges. The department shall certify to the secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under
s. 23.66 (1m) by conservation wardens, and the secretary of administration shall pay the charges from moneys received under
s. 59.25 (3) (j) and
(k) that are reserved for payment of the charges under
s. 20.907 (5) (e) 12e.
