27.01(8)(bn)2.
2. Any state resident who produces evidence that shows that he or she was a member of the U.S. armed services and was held as a prisoner of war during a war period, as defined in
s. 45.01 (13), or while in service in a crisis zone, as defined in
s. 45.01 (11).
27.01(8)(c)
(c)
Amount of admission fee. The department may establish by rule the amount of the admission fee to enter Heritage Hill state park or a state trail.
27.01(8)(e)
(e)
Operation of certain parks and trails. The department may authorize nonprofit corporations to operate state trails and state parks classified as historical parks.
27.01(8)(f)
(f)
Heritage Hill; special fees. A nonprofit corporation authorized by the department to operate Heritage Hill state park may collect and retain separate fees for special programs and profits from the sale of books, souvenirs, gifts and consignment items if this revenue is used for the park.
27.01(8m)
(8m) Collection; agents; heritage hill state park; state trails. 27.01(8m)(a)(a) The department may authorize agents, including the department's concessionaires and their agents, to collect the admission fees under
sub. (8) as follows:
27.01(8m)(a)1.
1. Agents who are managers and operators of state trails, and who incur actual operating expenses, may retain not more than 70% of the admission fees that they collect.
27.01(8m)(a)2.
2. Agents to whom
subd. 1. does not apply may retain not more than 20% of the admission fees that they collect.
27.01(8m)(b)
(b) An agent who is a manager and operator of a state trail, and who incurs actual operating expenses, must use the fees retained under this subsection for the operation of the state trail.
27.01(8m)(c)
(c) The department may promulgate rules regulating the activities of agents under this subsection.
27.01(9)
(9) Waiver of fees; special fees. The department may waive the fees under
subs. (7) and
(8) or may charge admission fees in addition to or instead of those fees. Fees or fee waivers may vary, based upon any of the following:
27.01(9)(c)
(c) Certain types of visitation or times of the year.
27.01(9)(d)
(d) Admission to special scheduled events or programs.
27.01(10)(a)(a)
Definition of resident. As used in this subsection "resident" means a person who maintains his or her place of permanent abode in this state. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes, without limitation, the location where the person votes, pays personal income taxes or obtains a driver's license.
27.01(10)(b)
(b)
Establishment, operation and categories of campgrounds. The department may establish and operate state campgrounds in state parks, state forests and other lands under its supervision and management. The department may classify, by rule, state campgrounds into separate categories.
27.01(10)(c)
(c)
Imposition of camping fee. Except as provided under
par. (f), no person may camp in a state campground unless the applicable camping fee is paid.
27.01(10)(d)1.
1. The camping fee for each night at a campsite in a campground which is classified as a Type "A" campground by the department is $10 for a resident camping party.
27.01(10)(d)2.
2. The camping fee for each night at a campsite in a campground which is classified as a Type "A" campground by the department is $12 for a nonresident camping party.
27.01(10)(d)3.
3. The camping fee for each night at a campsite in a state campground which is classified as a Type "B" campground by the department is $9 for a resident camping party.
27.01(10)(d)4.
4. The camping fee for each night at a campsite in a state campground which is classified as a Type "B" campground by the department is $11 for a nonresident camping party.
27.01(10)(d)5.
5. The camping fee for each night at a campsite in a campground which is classified as a Type "C" campground by the department is $8 for a resident camping party.
27.01(10)(d)6.
6. The camping fee for each night at a campsite in a campground which is classified as a Type "C" campground by the department is $10 for a nonresident camping party.
27.01(10)(e)
(e)
Determination of residency. The department shall base its determination of whether a camping party is a resident or nonresident camping party upon the residency of the person who applies for a reservation under
sub. (11) at the time the application for reservation is made or, if no reservation is made, the residency of the person who registers for the campsite at the time of registration.
27.01(10)(f)
(f)
Waiver of fees; special fees. The department may waive camping fees, charge additional camping fees or charge special fees instead of camping fees for certain classes of persons or groups, certain areas, certain types of camping or times of the year and for admission to special events.
27.01(10)(g)
(g)
Additional camping fees. Besides the additional camping fees authorized under
par. (f), the department may charge:
27.01(10)(g)1.
1. An additional camping fee of $1 per night for a resident camping party.
27.01(10)(g)2.
2. An additional camping fee from $1.50 to $1.75, depending on whether the campground is Type "A", "B" or "C", per night for a nonresident camping party.
27.01(10)(g)3.
3. An additional camping fee of $1 for each pet accompanying a camping party.
27.01(10)(g)4.
4. An additional camping fee of $1 per night per camping party for a Friday, Saturday or Sunday night.
27.01(10)(h)
(h)
Increased camping fees. In addition to its authority under
par. (f), the department shall determine which state campgrounds are located in areas where local market conditions justify the establishment of higher camping fees to be charged by the department. For these state campgrounds, the department shall promulgate rules to establish higher camping fees to be based on the applicable local market conditions.
27.01(11)
(11) Campground reservation system. 27.01(11)(a)(a)
Authorization. The department may establish and operate a campground reservation system for state campgrounds in state parks, state forests and other lands under the department's supervision and control. The department may participate with owners of private campgrounds in a cooperative reservation system.
27.01(11)(b)
(b)
Rules. The department shall promulgate rules for the operation of the campground reservation system. The rules shall include all of the following:
27.01(11)(b)1.
1. The authority to refuse to accept campground reservation applications before a certain date or to treat applications received before that date as if they had been made on that date.
27.01(11)(b)2.
2. The authority to give reservations for each year until all of the available sites in a campground that are open for reservations for a given date have been reserved.
27.01(11)(c)
(c)
Reservation fee. A reservation fee sufficient to equal the estimated cost of administering the system shall be charged.
27.01(11)(cm)
(cm)
Contracts. The department may enter into a contract with another party to operate the campground reservation system that the department establishes under
par. (a).
27.01(11)(cr)
(cr) Contracts; distribution of fees. A contract entered into under this paragraph shall require that the department retain $1 of each reservation fee collected. Under the contract the other party shall be required to do either of the following:
27.01(11)(cr)1.
1. Remit the entire amount of each reservation fee it collects to the department. The department shall credit to the appropriation under
s. 20.370 (1) (er) for payment to the party all but $1 of each fee remitted.
27.01(11)(cr)2.
2. Remit $1 of each reservation fee it collects to the department.
27.01(11)(i)
(i)
Cooperation with tourism. The department of natural resources and the department of tourism shall work jointly to establish an automated campground reservation system.
27.01(12)
(12) Legal counsel. A representative of the department of justice designated by the attorney general shall act as legal counsel for said department of natural resources, both in proceedings and litigation, and in giving advice and counsel. The respective district attorneys of the county or counties where said park is or shall be located shall prosecute all violations of this section occurring within their respective counties as provided in
s. 26.18.
27.01(13)
(13) Police supervision. The department shall have police supervision over all state parks, and its duly appointed wardens or representatives in charge of any state park may arrest, with or without warrant, any person within such park area, committing an offense against the laws of the state or in violation of any rule or regulation of the department in force in such state park, 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.
27.01(15)(a)1.
1. "Rustic state park campsite" means a state park campsite in a campground that meets all of the requirements that are promulgated by rule by the department for campgrounds that do not provide modern facilities such as electrical receptacles, flush-type toilets and showers.
27.01(15)(a)2.
2. "State park campsite" means a campsite that is located in a state park.
27.01(15)(b)
(b) The number of state park campsites with electric receptacles shall be maintained by the department so that all of the following apply:
27.01(15)(b)1.
1. No more than 30 percent of all state park campsites in the state have electric receptacles.
27.01(15)(b)2.
2. No more than 50 percent of the state park campsites in any one state park have electric receptacles.
27.01(15)(b)3.
3. No less than 25 percent of all state park campsites in the state are rustic state park campsites.
27.01(16)
(16) Procedure required for alteration of a Perrot State Park entrance. 27.01(16)(a)(a) The department may not alter any entrance to Perrot State Park after January 1, 2005, that will result in any change in the access to or egress from that state park unless the department receives approval under
par. (b) from the town that has jurisdiction over the road on which the entrance is located.
27.01(16)(b)
(b) The department shall request approval for the alteration of an entrance to Perrot State Park from the town that has jurisdiction over the road on which the entrance is located. The department shall file written notice with the clerk of the town of the department's intent to alter the entrance. The notice shall include a request for the town's approval of the alteration and the reasons for the proposed alteration. The town board shall hold a public hearing within 60 days after receipt of the department's notice. The town board shall provide a class 3 notice of the time and place that the board will consider the department's request. The town's notice shall contain a statement of the entrance that is being considered for alteration, the reasons provided by the department for that alteration, and a scale map of the area around that park entrance. The town board shall hold a public hearing at the time and place stated in the notice before taking any action on the department's request. The department and other interested parties may testify at the hearing. Within 30 days after the hearing, the town board shall provide the department with written notification of the board's decision regarding the alteration.
27.01(17)
(17) Limited golf cart use. The department shall permit the use of golf carts by persons age 16 and over in Governor Tommy G. Thompson Centennial State Park and the Peshtigo River State Forest. The department shall promulgate a rule that specifies when and where golf carts may be used in the state park and the state forest. The rule shall allow golf carts to be used for at least the same hours and in at least the same places as golf carts were used in the state park and the state forest before they were acquired by the state.
27.01 History
History: 1971 c. 125,
215,
326;
1973 c. 90 s.
538;
1973 c. 245;
1975 c. 365 s.
62;
1977 c. 29,
71,
424;
1979 c. 34,
175;
1981 c. 20,
343;
1983 a. 19;
1983 a. 27 ss.
644 to
674,
2202 (38);
1983 a. 325;
1985 a. 29,
125;
1987 a. 27,
277,
295,
399;
1989 a. 31,
56,
213,
359;
1991 a. 39,
269;
1993 a. 16,
213;
1995 a. 27,
312,
391;
1997 a. 27,
248;
1999 a. 9,
83;
2001 a. 16;
2005 a. 25,
94;
2007 a. 20,
165;
2009 a. 28,
54,
70,
302;
2011 a. 168.
27.011
27.011
Copper Culture Mounds State Park. The department of natural resources shall accept a grant of lands in the city of Oconto, Oconto County, and shall develop and maintain it as a state park to be known as Copper Culture Mounds State Park.
27.011 History
History: 1973 c. 333.
27.014
27.014
Liability of vehicle owners. 27.014(1c)
(1c)
Definition. In this section, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under
ch. 341, "owner" means the lessee of the vehicle.
27.014(1m)(a)(a) If the department finds a vehicle in a vehicle admission area, as defined in
s. 27.01 (7) (a) 3., that does not have a valid receipt affixed to it or otherwise displayed as authorized under
s. 27.01 (7) (e) and the department cannot locate the operator of the vehicle, the owner of the vehicle shall be presumed liable for a violation of
s. 27.01 (7) (b).
27.014(1m)(b)
(b) Notwithstanding
par. (a), no owner of a vehicle involved in a violation of
s. 27.01 (7) (b) may be convicted under this section if the person who, at the time of the violation, is operating the vehicle or who has the vehicle under his or her control has been convicted for the violation under
par. (a) or
s. 27.01 (7) (b).
27.014(1m)(c)
(c) Service may be made by certified mail addressed to the vehicle owner's last-known address.
27.014(2)
(2) Defenses. The following are defenses to the imposition of liability under
sub. (1m):
27.014(2)(a)
(a) That a report that the vehicle was stolen was given to the department before the violation occurred or within a reasonable time after the violation occurred.
27.014(2)(b)
(b) If the owner of the vehicle provides the department with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the department to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under
sub. (1m) or
s. 27.01 (7) (b).
27.014(2)(c)
(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides the department with the information required under
s. 343.46 (3), then the lessee and not the lessor shall be liable under
sub. (1m) or
s. 27.01 (7) (b).
27.014(2)(d)
(d) If the vehicle is owned by a dealer, as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a) to
(d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides the department with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under
sub. (1m) or
s. 27.01 (7) (b).
27.014 History
History: 1995 a. 27;
1997 a. 27.
27.016
27.016
State parks and forests grant program. 27.016(1)(a)
(a) "Endowment fund" means an endowment, trust or other segregated fund for the benefit of a specific state park, southern state forest or state recreation area.
27.016(1)(b)
(b) "Friends group" means a nonstock, nonprofit corporation described under section
501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section
501 (a) of the Internal Revenue Code that is organized to raise funds for state parks, state forests or state recreation areas.
27.016(1)(c)
(c) "Southern state forest" means a state forest that is located within the region specified in
s. 25.29 (7) (a).
27.016(2)(a)(a) The department shall establish a grant program under which friends groups that qualify under
par. (b) may receive matching grants for the operation and maintenance of state parks, southern state forests or state recreation areas.
27.016(2)(b)
(b) To qualify for a grant under this section, a friends group shall have established an endowment fund for the benefit of a state park, a southern state forest or a state recreation area and shall have entered into a written agreement with the department as required by the department by rule.
27.016(3)
(3) The department shall promulgate rules to establish criteria to be used in determining which friends groups and which activities related to the maintenance or operation of state parks, southern state forests or state recreation areas are eligible for these grants.
27.016(4)
(4) The department may not expend more than $30,000 as grants under this section for a given friends group, state park, southern state forest or state recreation area in a fiscal year.
27.016(5)
(5) The amount of a grant under this section shall equal 50% of the amount of matching funds that are provided by the friends group for the grant. A friends group may only use the interest generated by the endowment fund for purposes of providing the matching funds. The matching funds and the grant may be used only for the operation and maintenance of the state park, southern state forest or state recreation area that the endowment fund was established to benefit.
27.016(6)
(6) Annually, on or before January 1, the department shall review all applications received under this section in the previous year and shall make the grants that it approves from the appropriation under
s. 20.370 (1) (eq). If insufficient funds are available to pay all approved grants, the board shall prorate the available funds among the applicants in proportion to the approved grant amounts.
27.016(7)
(7) Beginning in fiscal year 1996-97 and for each fiscal year thereafter, any moneys not encumbered or expended for grants under
sub. (6) from the appropriation under
s. 20.370 (1) (eq) may be used by the department for the operation and maintenance of the state parks, of the southern state forests and of state recreation areas.
