Chapter 23

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 History History: 1975 c. 39, 199; 1977 c. 29, 418; 1979 c. 221; 1983 a. 189 s. 329 (31); 1987 a. 27; 1989 a. 31; 1993 a. 16; 2017 a. 59.

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) (1) In this section:

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, 16.754, 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) 

23.41(6)(a) (a) The department shall attempt to ensure that at least 5 percent 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.

23.41(6)(b) (b) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses, as defined in s. 16.75 (3m) (a) 1.

23.41 History History: 1989 a. 31, 359; 1991 a. 39; 1995 a. 227; 1997 a. 27; 2001 a. 16; 2005 a. 410; 2009 a. 299; 2013 a. 192; 2021 a. 267.

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)(b) (b) “Application” means a request for a license under the procedures in 16 USC 800, 802, 803 or 808 or a request for an exemption under 16 USC 823a or 824a-3.

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 History History: 1989 a. 31, 359; 1991 a. 39; 1993 a. 16, 437.

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(1m) (1m) 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(2m) (2m) The fees collected by the department under sub. (1m) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gb). 

23.425 History History: 1989 a. 299; 1995 a. 27; 1997 a. 27 ss. 785 to 788; Stats. 1997 s. 23.425; 2017 a. 59, 366; 2021 a. 238.

23.425 Cross-reference Cross-reference: See also s. NR 1.70, Wis. adm. code.

23.426 23.426 Programs at the Horicon Marsh education and visitor center. The department may establish and charge fees for educational programs that the department provides at the Horicon Marsh education and visitor center. The fees collected under this section shall be deposited in the general fund and credited to the appropriation account under s. 20.370 (1) (gh).

23.426 History History: 2015 a. 55; 2017 a. 59.

23.43 23.43 Entities qualified to evaluate the safety of sport shooting ranges.

23.43(1) (1) In this section, “sport shooting range” has the meaning given in s. 895.527 (1).

23.43(2) (2) The department shall establish and post on its Internet site a list of professional engineers, architects, and certified range technicians who are qualified to evaluate a sport shooting range to identify any deficiencies in public safety measures employed, as compared with general safe range design and operation practices, and to recommend solutions to any deficiencies found. If the department receives a request that a person or organization be added to the list under this section, the department shall evaluate the qualifications of the person or organization to perform the relevant functions.

23.43 History History: 2017 a. 179.

23.45 23.45 Nondisclosure of certain personal information.

23.45(1) (1) In this section:

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, 9-digit extended zip code, or electronic mail address.

23.45(1)(d) (d) “Registration” means any registration document, as defined in s. 23.33 (1) (jn), 23.335 (1) (zg), or s. 350.01 (10t), or any certification or registration document, as defined in s. 30.50 (3b), that is 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) (5) 

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; 2015 a. 89, 170.

23.47 23.47 Forms of proof; electronic retrieval of information; reprints.

23.47(1) (1) Forms of proof. The department may designate, by rule, forms of acceptable proof of the following items and the locations at and times during which those forms of proof are valid:

23.47(1)(a) (a) A registration document, safety certificate, trail pass, or temporary trail use receipt under s. 23.33.

23.47(1)(am) (am) A registration document, safety certificate, nonresident trail pass, or temporary trail use receipt under s. 23.335.

23.47(1)(b) (b) An approval under ch. 29.

23.47(1)(c) (c) A certification or registration document or safety certificate under subch. V of ch. 30.

23.47(1)(d) (d) A registration document, safety certificate, trail use sticker, or temporary trail use receipt under ch. 350.

23.47(2) (2) Electronic retrieval of information. If the department maintains a system under which the department stores information in an electronic format that relates to individuals who have been issued approvals under ch. 29 or safety certificates under s. 23.33, 23.335, 30.74, or 350.055, the department may issue a conservation card to any individual who applies for the card for purposes of enabling the department to access information about that individual in the system. The department may authorize an individual to carry a conservation card or another form of identification, determined by the department, in lieu of carrying proof under sub. (1).

23.47(3) (3) Reprints.

23.47(3)(a) (a) Reprints of approvals and safety certificates. The department may maintain a system under which an individual may obtain a reprint of certain approvals under ch. 29 and safety certificates under ss. 23.33 and 23.335 and chs. 29, 30, and 350. The department shall designate, by rule, all of the following:

23.47(3)(a)1. 1. Who may produce a reprint for approvals and safety certificates.

23.47(3)(a)2. 2. For which approvals and safety certificates a reprint may be produced.

23.47(3)(a)3. 3. The manner in which a reprint of an approval or safety certificate may be produced.

23.47(3)(b) (b) Reprints; fees.

23.47(3)(b)1. 1. No fee may be charged for a reprint produced by a customer.

23.47(3)(b)2. 2. Except as provided under ss. 29.555, 29.563 (14) (c) 1., and 29.566 (1m), no fee may be charged for a reprint of an approval under ch. 29.

23.47(3)(b)3. 3. The department may and an agent appointed under s. 23.33 (2) (i) 3., 23.335 (4) (f) 2., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. shall collect a reprint fee of $1.25 and an issuing fee of 75 cents for each reprint issued of a safety certificate under s. 23.33 or 23.335 or ch. 30 or 350. An agent appointed under s. 23.33 (2) (i) 3., 23.335 (4) (f) 2., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. may retain 50 cents of each issuing fee for each document reprinted to compensate for services in issuing the reprint.

23.47(3)(c) (c) Reprints; issuance. If the department contracts with persons to operate a statewide automated system for issuing approvals under ch. 29, the department may also issue reprints of approvals and safety certificates through that system.

23.47(3)(d) (d) Safety certificate reprints; transaction fee. The department shall establish a system under which the department pays each agent appointed under s. 23.33 (2) (i) 3., 23.335 (4) (f) 2., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. a payment of 50 cents for each time that the agent processes a transaction through the statewide automated system under par. (c). This payment is in addition to any issuing fee, processing fee, or handling fee retained by the agent. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.

23.47(3)(e) (e) Safety certificate reprints; deduction. Under a contract under par. (c), the department may deduct a portion of each fee collected for a reprint issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (9) (hv).

23.47(4) (4) Emergency rule. Using the procedure under s. 227.24, the department may promulgate emergency rules related to forms of proof, the electronic retrieval of information, the issuance of conservation cards, and the issuance of reprints under this section. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), an emergency rule promulgated under this subsection remains in effect until whichever of the following occurs first:

23.47(4)(a) (a) The first day of the 25th month beginning after the effective date of the emergency rule.

23.47(4)(b) (b) The effective date of the repeal of the emergency rule.

23.47(4)(c) (c) The date on which any corresponding permanent rule takes effect.

23.47 History History: 2015 a. 89, 170.

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.

23.49 History History: 1985 a. 29; 1989 a. 31; 1995 a. 201; 2003 a. 33.

23.50 23.50 Procedure in forfeiture actions.

23.50(1) (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.