23.30(1)(1) Purpose. The purpose of this section is to promote, encourage, coordinate and implement a comprehensive long-range plan to acquire, maintain and develop for public use those areas of the state best adapted to the development of a comprehensive system of state and local outdoor recreation facilities and services in all fields, including, without limitation because of enumeration, parks, forests, camping grounds, fishing and hunting grounds, trails, trail-side campsites and shelters, cross-country ski trails, bridle trails, related historical sites, highway scenic easements, the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and local recreation programs, except spectator sports, and to facilitate and encourage the fullest beneficial public use of these areas. 23.30(2)(2) Established. The outdoor recreation program is established as a continuing program to financially assist the state and local agency outdoor recreation program, including, without limitation because of enumeration, lake rehabilitation, coho salmon production, wildlife management on county forests, public access, state park and forest recreation areas, fish and game habitat areas, youth conservation camps, creation of new lakes, lake and stream classification, the lower Wisconsin state riverway as defined in s. 30.40 (15), highway scenic easements, natural areas, state aids for local governmental parks and other outdoor recreational facilities, acquisition and development, state aids for county forest recreation areas development, related historic sites, tourist information sites; recreational planning; scenic or wild river preservation and use; and conservation work program. 23.30(3)(3) Natural resources board. The natural resources board is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources. To this end it shall: 23.30(3)(a)(a) Consider and recommend to the governor and legislature broad policies and standards to guide the comprehensive development of all outdoor recreation resources in Wisconsin, including, without limitation because of enumeration, outdoor recreation development in relation to state population patterns, low-cost sewage system studies, the several outdoor recreation activities, outdoor recreation development to aid the state recreation industry, and policies and standards to coordinate the respective outdoor recreation development programs of federal, state and local governmental agencies and the recreation programs operated by private enterprise. 23.30(3)(b)(b) Coordinate the development of a comprehensive long-range plan for the acquisition and development of areas necessary for a statewide system of recreational facilities. The comprehensive plan shall be based upon the outdoor recreation plans of the several state agencies and local governmental agencies, and shall be coordinated and modified as the board deems necessary to comply with its policies and standards. 23.30(3)(c)(c) Recommend to the legislature outdoor recreation program appropriations and allocations which, in conjunction with other financial sources supporting outdoor recreation resources, are necessary to carry out plans coordinated by the board. 23.30(3)(d)(d) Consider progress reports from state agencies to determine that all state appropriations for outdoor recreation are being so expended that the policies and plans formulated by the board will be accomplished. 23.30(3)(f)(f) Advise federal agencies concerned of the pattern in which all federal outdoor recreation resources financial assistance and loan programs to state and local governmental agencies and to nongovernmental associations and private individuals will most completely implement the policies and plans of the board. 23.30(3)(g)(g) Negotiate agreements between agencies concerned when in the board’s judgment there is an overlap of authority or responsibilities in the completion of a project. 23.30(3)(h)(h) Accept on behalf of the state and allocate to the appropriate state agency any gifts and grants of money, property or services made for the purposes of outdoor recreation in Wisconsin. The proceeds of such gifts and grants may be expended for the purpose of the gift or grant. 23.30 Cross-referenceCross-reference: See also ch. NR 50 and s. NR 1.51, Wis. adm. code. 23.30 AnnotationORAP funds may be used for the planting of trees and shrubs along state highways and to mark scenic easements as part of the state’s beautification and outdoor recreation programs. 62 Atty. Gen. 135.
23.30 AnnotationORAP funds may be used to restore deteriorated milldams provided a public use is evident. 63 Atty. Gen. 245.
23.30 AnnotationThe department has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63 Atty. Gen. 519.
23.30523.305 Leasing of department land for recreational purposes. 23.305(1)(1) In this section, “spectator sports” means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration: 23.305(2)(2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or counties for outdoor recreational purposes associated with spectator sports. 23.305(3)(3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the lease shall be paid into the state treasury and credited to the proper fund. 23.305 HistoryHistory: 1985 a. 29. 23.3123.31 Recreation resources facilities. 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. 23.3223.32 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-referenceCross-reference: See also s. NR 1.95 and ch. NR 300, Wis. adm. code. 23.32123.321 Wetland identification and confirmation. 23.321(2)(2) Types of services. 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)(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(2)(d)1.1. In this paragraph, “qualified 3rd person” means an individual who has completed basic and advanced wetland training and has a minimum of one year of field experience in wetland delineation. 23.321(2)(d)2.2. A wetland confirmation that consists of a written statement, based upon the department’s review of the boundaries of a wetland as delineated by a qualified 3rd person and not based upon an on-site inspection of the land by the department, of whether the department concurs with the delineation. The delineation prepared by the qualified 3rd person shall include the exact location and boundaries of the wetland. The department shall concur with the boundaries of a wetland delineated by a qualified 3rd person unless the department determines that the location and boundaries of the wetland identified in the delineation are not accurate based on maps, aerial photographs, surveys, wetland delineations, or hydrophitic soil conditions. If the department concurs with the boundaries of a wetland delineated by a qualified 3rd person, the department’s statement under this paragraph shall also include the exact location and boundaries of the wetland. A wetland confirmation under this paragraph is available only with respect to a nonfederal wetland. 23.321(2d)(2d) Wetland assured delineation program. 23.321(2d)(a)(a) Definition. In this subsection, “assured delineator” means a professional wetland delineator who is certified by the department under par. (c). 23.321(2d)(b)1.1. The department shall establish a wetland assured delineation program under which individuals may apply to the department to be certified as assured delineators. Under the program, the department shall ensure that assured delineators delineate wetlands consistent with the wetlands delineation manual described under s. 281.36 (2m). 23.321(2d)(b)2.2. Under the program, a wetland delineation prepared by an assured delineator has the same effect as a wetland identification or confirmation prepared by the department under sub. (2) (b) to (d). A wetland delineation performed by an assured delineator is not required to be confirmed by the department under sub. (2) (c) or (d). 23.321(2d)(b)3.3. The department shall require an assured delineator to submit to the department a report of each wetland delineation the assured delineator seeks to have accepted as an assured wetland delineation. The assured delineator shall include in the report all items required in applicable joint guidance from the U.S. army corps of engineers and the department. To be accepted as an assured wetland delineation, the assured delineator shall submit the report under this subdivision no later than March 15, unless an extension is approved by the department. The department shall grant an extension request, except that a report under this subdivision may receive only one extension, which may not extend more than 12 months from the date the extension is granted. Any wetland delineation report or other information related to the wetland delineation that is not submitted to the department may not be considered an assured wetland delineation. 23.321(2d)(b)4.4. Under the program, assured delineators shall conduct assured wetland delineations during the growing season. The growing season shall be determined in accordance with the wetlands delineation manual described under s. 281.36 (2m) and applicable supplements. 23.321(2d)(c)1.1. A professional wetland delineator seeking to become certified as an assured delineator shall submit a complete application and shall follow the application procedures specified by the department. 23.321(2d)(c)2.2. The department shall, in consultation with the wetland study council, determine what must be submitted by an applicant to constitute a complete application. Once established, the department shall make those requirements available on the department’s website. The department may not determine an application to be complete without submission of the application fee under par. (e) 1. a. 23.321(2d)(c)3.3. The department shall establish application and qualification requirements for certification as an assured delineator, including at least all of the following: 23.321(2d)(c)3.a.a. An associate degree with at least 8 years of full-time professional field experience in wetland delineation. 23.321(2d)(c)3.ag.ag. A bachelor’s degree with at least 5 years of full-time professional field experience in wetland delineation. 23.321(2d)(c)3.ar.ar. A master’s degree or doctorate degree with at least 3 years of full-time professional field experience in wetland delineation. 23.321(2d)(c)3.b.b. Completion of minimum educational requirements or requirements for commensurate experience, as determined by the department in consultation with the wetland study council. 23.321(2d)(c)3.c.c. Completion of a wetland delineation training course based on the wetlands delineation manual described under s. 281.36 (2m) and applicable regional supplements for this state. 23.321(2d)(c)3.d.d. Submittal of at least 6 representative wetland delineation reports completed within the 2 growing seasons preceding the date on which the application was submitted. 23.321(2d)(c)5.5. If the department determines that the applicant does not meet the minimum qualifications to be approved as an assured delineator, the applicant may reapply in a future application process. 23.321(2d)(c)6.6. The department shall accept applications no less than annually and at least during the period beginning September 15 and ending November 30 for applicants who wish to be certified beginning on March 15 of the next calendar year. 23.321(2d)(c)7.7. The department may consider previous conduct and performance in scoring a subsequent application for an applicant whose prior certification under the program was revoked under par. (d). The department may not approve an application if the applicant’s certification was revoked within 3 years of the application date. 23.321(2d)(d)1.1. The department shall review the performance of assured delineators on a recurring basis to ensure the program standards and expectations are being met. As part of this review process, the department may perform in-field audits of specific wetland delineations that assured delineators have submitted in the 12 months preceding the beginning of the audit. 23.321(2d)(d)2.2. Upon a complaint submitted by any person to the department that an assured delineator may have failed to accurately identify wetlands on a property for which a report under par. (b) 3. was submitted in the 12 months preceding the date of the complaint, the department may investigate and gather information to determine if the report fails to accurately identify the presence and boundaries of a wetland on the property.
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Chs. 23-34, Public Domain and the Trust Funds
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