23.096(2m)(b)
(b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.
23.096(2m)(c)
(c) That sufficient bonding authority remains in the amount set aside under
s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under
sub. (2) (b).
23.096(3)
(3) In order to receive a grant under this section, the nonprofit conservation organization shall enter into a contract with the department that contains all of the following provisions:
23.096(3)(a)
(a) Standards for the management of the property to be acquired.
23.096(3)(b)
(b) A prohibition against using the property to be acquired as security for any debt unless the department approves the incurring of the debt.
23.096(3)(bn)
(bn) A prohibition against property acquired in fee simple being closed to the public unless the department determines it is necessary to protect wild animals, plants or other natural features.
23.096(3)(c)
(c) A clause that any subsequent sale or transfer of the property to be acquired is subject to
subs. (4) and
(5).
23.096(4)(a)(a) The nonprofit conservation organization may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the organization if all of the following apply:
23.096(4)(a)1.
1. The department approves the subsequent sale or transfer.
23.096(4)(a)2.
2. The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under
sub. (3).
23.096(4)(b)
(b) The nonprofit conservation organization may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.
23.096(5)
(5) If the nonprofit conservation organization violates any essential provision of the contract, title to the acquired property shall vest in the state.
23.096(6)
(6) The instrument conveying the property to the nonprofit conservation organization shall state the interest of the state under
sub. (5). The contract entered into under
sub. (3) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.
23.0962
23.0962
Grant to a nonprofit conservation organization for Black Point Estate. 23.0962(1)
(1) If the department of administration acquires as a gift the property, known as Black Point Estate, that is located on Lake Geneva in the county of Walworth, town of Linn, in fractional Sec. 8, T. 1 N., R. 17 E., and if the joint committee on finance approves the gift under
s. 20.907 (1), the department of natural resources shall make a grant of $1,800,000, from the appropriation under
s. 20.370 (5) (cq), to a nonprofit conservation organization that meets all of the following requirements:
23.0962(1)(a)
(a) The nonprofit conservation organization is a nonprofit corporation, a charitable trust or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code and is exempt from federal tax under section
501 (a) of the Internal Revenue Code.
23.0962(1)(b)
(b) The nonprofit conservation organization has, as its primary purpose, the preservation of the property known as Black Point Estate.
23.0962(1)(c)
(c) The nonprofit conservation organization has a board of directors that consists of representatives of the state, of the family who donated Black Point Estate to the state, of local units of government that have an interest in Black Point Estate and of civic organizations that have an interest in Black Point Estate.
23.0962(1)(d)
(d) The nonprofit conservation organization acquires a conservation easement in the property, the terms of which are subject to approval of the department of natural resources, to be held by the organization for the purpose of preserving Black Point Estate.
23.0962(1)(e)
(e) The nonprofit conservation organization makes a commitment, with guarantees determined to be adequate by the department of natural resources, to use the grant under this section and any additional funds donated to the organization to fund an endowment for the operation and maintenance of Black Point Estate.
23.0962(2)
(2) If the nonprofit conservation organization does not use the grant under this section in the manner required under
sub. (1) (e), the nonprofit conservation organization shall reimburse the department in an amount equal to the grant.
23.0962(3)(b)
(b) Notwithstanding
s. 18.04 (1) and
(2), the building commission may authorize public debt to be contracted, and the department may make a grant from the appropriation under
s. 20.370 (5) (cq), for the property known as Black Point Estate only if all of the following apply:
23.0962(3)(b)1.
1. A substantially completed application for any necessary special zoning permission for the property has been submitted before December 1, 1999, to the applicable local governmental unit.
23.0962(3)(b)2.
2. The necessary special zoning permission, based on the application submitted before December 1, 1999, is granted.
23.0962 History
History: 1997 a. 27;
1999 a. 9.
23.0965
23.0965
Payments to Ducks Unlimited, Inc. 23.0965(1)
(1) The department of natural resources shall enter into an agreement with Ducks Unlimited, Inc., to make payments from the appropriation under
s. 20.370 (5) (au) to Ducks Unlimited, Inc., to fund its conservation efforts in the United States, Canada and Mexico.
23.0965(2)
(2) The agreement under
sub. (1) shall require that Ducks Unlimited, Inc., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under
sub. (1), prepared in accordance with generally accepted accounting principles.
23.0965(3)
(3) Payments to Ducks Unlimited, Inc., under
sub. (1) shall be discontinued by the department if Ducks Unlimited, Inc., dissolves or is no longer exempt from taxation under section
501 (c) of the Internal Revenue Code.
23.0965 History
History: 1999 a. 92.
23.097
23.097
Urban forestry grants. 23.097(1)
(1) In this section, a "nonprofit organization" means an organization that is described in section
501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
23.097(1g)
(1g) The department shall award grants to counties, cities, villages, towns, and nonprofit organizations for up to 50% of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects.
23.097(1r)
(1r) In addition to the grants awarded under
sub. (1g), the department may award grants to counties, cities, village, towns, nonprofit organizations, and federally recognized Indian tribes or bands that apply for the grants for the costs of removing, saving, and replacing trees that have been damaged by catastrophic storm events in urban areas. To be eligible for a grant under this subsection, the damage must have occurred in an area for which the governor has designated a state of emergency due to a catastrophic storm event. The department shall notify each applicant for a grant under this subsection as to whether the application for the grant will be approved or denied within 60 days after the date the application is submitted to the department. A recipient of a grant awarded under this subsection is exempt from having to pay any percentage of the costs in order to receive the grant.
23.097 Cross-reference
Cross-reference: See also s.
NR 47.950, Wis. adm. code.
23.097(2)
(2) The department shall promulgate rules establishing criteria for awarding grants under this section.
23.097 Cross-reference
Cross-reference: See also s.
NR 47.50, Wis. adm. code.
23.098
23.098
Grants for property development on properties owned by the department. 23.098(1)(ag)
(ag) "Department property" means an area of real property that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in
s. 23.09 (2) (d).
23.098(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 a department property.
23.098(2)
(2) The department shall establish a program to make grants from the appropriations under
s. 20.866 (2) (ta) and
(tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than $250,000 in each fiscal year for these grants.
23.098(3)
(3) The department shall promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants.
23.098(4)(a)(a) The department shall periodically prepare a list of projects on department properties that are eligible for grants under this section and shall include in the list the estimated cost of each project.
23.098(4)(am)
(am) In awarding grants under this section for eligible projects, the department shall establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations.
23.098(4)(b)
(b) The department may not encumber more than $20,000 for grants under this section for a department property in each fiscal year.
23.098(5)
(5) Each friends group and nonprofit conservation organization receiving a grant under this section shall provide matching funds that are equal to at least 50% of the cost of the project for which a grant is being provided.
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.
