Chapter 23, CONSERVATION

23.17 Ice age trail. (1) DEFINITION. In this section: (a) “Municipality” means a city, village, town, county or special purpose district. (b) “State agency” has the meaning designated under s. 16.01 (1). (2) DESIGNATION. The ice age national scenic trail, as provided for in 16 US…

23.173 Richard A. Grobschmidt Memorial Bridge. (1) The department shall designate and, subject to sub. (2), mark the bridge on the Hank Aaron State Trail across the Lakeshore State Park Inlet at the north end of Lakeshore State Park in the city of Milwaukee as the “Richard A. Gro…

23.175 State trails. (1) DEFINITIONS. In this section: (a) “Political subdivision” means a city, village, town or county. (b) “State agency” means any office, department, agency, institution of higher education, association, society or other body in state government created or au…

23.177 Nonmotorized recreation and transportation trails council. (1) DUTIES OF COUNCIL. The nonmotorized recreation and transportation trails council shall carry out studies and make recommendations to the legislature, governor, department of natural resources, and department of…

23.178 Off-road vehicle council. The off-road vehicle council shall provide advice and make recommendations to the department of natural resources, the department of transportation, the governor, and the legislature on all matters relating to all-terrain vehicle trails and all-te…

23.179 Off-highway motorcycle council. The off-highway motorcycle council may make recommendations to the department on matters relating to off-highway motorcycle corridors, as defined in s. 23.335 (1) (s), and off-highway motorcycle routes, as defined in s. 23.335 (1) (u), and o…

23.19 Menomonee River conservation project. (1) The department shall provide in state aid to the city of Milwaukee up to $500,000 for a conservation project for the Menomonee River if the city appropriates funds by June 30, 1991. Both the funds appropriated by the city and the st…

23.195 Monona terrace project in Madison. (1) Beginning in fiscal year 1993-94 and ending in fiscal year 1995-96, from the appropriation under s. 20.866 (2) (tz), the department shall set aside $1,000,000 in each fiscal year to be expended for the Frank Lloyd Wright Monona terrac…

23.196 Willow flowage project. (1) In this section: (a) “Total amount available” means the expenditure limit for the purpose of acquiring land under s. 23.09 (2) (d) 11., as adjusted under s. 23.0915 (2), less the total amount the department has expended, encumbered or otherwise …

23.197 Warren Knowles-Gaylord Nelson stewardship programs; specific projects or activities. (1) ROOT RIVER; MULTIPURPOSE PATHWAY. (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Racine for a multipurpose pat…

23.198 Milwaukee Lakeshore State Park. (1) STEWARDSHIP FUNDING. (a) From the appropriation under s. 20.866 (2) (ta), the department shall provide up to $4,500,000 for the development of Milwaukee Lakeshore State Park. For purposes of s. 23.0917, moneys provided under this paragra…

23.1987 Fish hatchery infrastructure project. (1) From the moneys appropriated under s. 20.866 (2) (ta), the department shall set aside $7,000,000 in fiscal year 2014-15 that may be obligated only for infrastructure improvements to the Kettle Moraine Springs fish hatchery. For pu…

23.20 Use of department gravel pits. The department may permit any town, county or state agency to obtain gravel, sand, fill dirt or other fill material needed for road purposes from any department-owned gravel pit or similar facility if this material is unavailable from private …

23.22 Invasive species. (1) DEFINITIONS. In this section: (a) “Control” means to cut, remove, destroy, suppress, or prevent the introduction or spread of. (b) “Council” means the invasive species council. (bm) “Governmental unit” means a federal agency, state agency, county, city…

23.235 Nuisance weeds. (1) DEFINITIONS. In this section: (a) “Nuisance weeds” means purple loosestrife or hybrids thereof and multiflora rose. (b) “Purple loosestrife” means any nonnative member of the genus Lythrum. (2) PROHIBITION. Except as provided in sub. (3m), no person may…

23.2355 Weed management grants. The department, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules that authorize the department, in consultation with the department of agriculture, trade and consumer protection, to provide f…

23.24 Aquatic plants. (1) DEFINITIONS. In this section: (a) “Aquaculture” has the meaning given in s. 93.01 (1d). (b) “Aquatic plant” means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof. (c) “Control” means to cut, remove, destroy, or suppress. (d…

23.25 Geographic powers and duties. (1) The department shall do all of the following: (a) Determine the correct and most appropriate names of the lakes, streams, places, and other geographic features in the state, and the spelling of those names. (b) Pass upon and give names to l…

23.26 Natural areas preservation council. The natural areas preservation council shall: (1) Make recommendations to the department concerning the suitability of natural areas offered as donations by individuals or organizations for inclusion in the state natural areas system, mak…

23.27 Natural areas; definitions; importance; inventory; acquisition; sales. (1) DEFINITIONS. As used in this section and ss. 23.28 and 23.29: (a) “Council” means the natural areas preservation council. (b) “Dedicated state natural areas” means land accepted and recorded for dedi…

23.28 State natural areas; designated state natural areas. (1) DESIGNATION. The department, with the advice of the council, may designate any natural area with a high or critical level of importance on state-owned land under the department’s management or control as a state natur…

23.29 Wisconsin natural areas heritage program. (1) INTENT. It is the intent of the legislature to encourage private contributions and land dedications under the Wisconsin natural areas heritage program. It is the intent of the legislature to match private contributions and the v…

23.293 State ice age trail area dedication. (1) DEFINITIONS. In this section: (a) “Dedicated ice age trail area” means land accepted and recorded for dedication under the ice age trail program under this section. (b) “Dedication” means all of the following: 1. The transfer of lan…

23.295 Ice age trail area grants. (1) In this section: (a) “Ice age trail area” means the trail designated under s. 23.17 (2). (b) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of…

23.30 Outdoor recreation program. (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 comprehensiv…

23.305 Leasing of department land for recreational purposes. (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: (a) Water ski shows. (b) Baseball gam…

23.31 Recreation resources facilities. (1) (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 recrea…

23.32 Wetlands mapping. (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. (2) (a) For the purpose of advancing …

23.321 Wetland identification and confirmation. (1) DEFINITION. In this section: (am) “Nonfederal wetland” has the meaning given in s. 281.36 (1) (br). (b) “Wetland” has the meaning given in s. 23.32 (1). (2) TYPES OF SERVICES. Any person who owns or leases land may request that …

23.322 Fees for computer accessible water resource management information. The department may charge a fee for providing any information that it maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource man…

23.323 Wetlands informational brochure. The department shall furnish an informational brochure to cities, villages, towns, and counties for distribution to the public that describes the laws that apply to wetlands. History: 2009 a. 373.

23.325 Aerial photographic survey. (1) The department shall make, on a periodic basis, an aerial photographic survey of the state to provide the basis for state planning and resource and forestry management. In performing this duty, the department: (a) Shall consult with the depa…

23.33 All-terrain vehicles and utility terrain vehicles. (1) DEFINITIONS. As used in this section: (a) “Accompanied” means being subject to continuous verbal direction or control. (ag) “Agricultural purpose” includes a purpose related to the transportation of farm implements, equ…

23.335 Off-highway motorcycles. (1) DEFINITIONS. In this section: (a) “Accompanied” has the meaning given in s. 23.33 (1) (a). (b) “Agricultural purpose” includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between far…

23.35 Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. (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 cer…

23.38 Natural resources law violation hotline. (1) The department shall maintain a toll-free telephone number 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 approp…

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 website that provides this inf…

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…

23.41 Construction and service contracts. (1) In this section: (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 attac…

23.42 Environmental consulting costs for federal licensing of power projects. (1) DEFINITIONS. In this section: (a) “Applicant” means any person who files an application or submits a notification of intent under 16 USC 808 (b) with the commission. (b) “Application” means a reques…

23.425 Environmental education. (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. (2m) The fees collected by the departme…

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…

23.43 Entities qualified to evaluate the safety of sport shooting ranges. (1) In this section, “sport shooting range” has the meaning given in s. 895.527 (1). (2) The department shall establish and post on its Internet site a list of professional engineers, architects, and certif…

23.45 Nondisclosure of certain personal information. (1) In this section: (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 ad…

23.47 Forms of proof; electronic retrieval of information; reprints. (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: (a) A registration document…

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 a…

23.50 Procedure in forfeiture actions. (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…

23.51 Words and phrases defined. In ss. 23.50 to 23.85 the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning: (1d) “Captive” has the meaning given in s. 169.01 (2). (1m) “…

23.52 Two forms of action. Actions under this chapter may be commenced by a citation, or by a complaint and summons. History: 1975 c. 365.

23.53 Use of citation. (1) The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, a…