Section 170.12. Sunken logs on submerged state lands.

 

(1)   Definitions. In this section:

(a) “Board" means the board of commissioners of public lands.

(b) “Log" means a portion of the trunk of a felled tree which has not been further processed for any end use, including any portion of a trunk of a tree previously used in substantially its natural state as part of a dock or crib but that is no longer part of a dock, a crib or any discernible structure, or is part of the debris field of a dock or crib.

(c) “Resident of this state" means an individual who maintains a residence, as described in s. 6.10 (1) , in this state, or a corporation, partnership, association or other legal entity that maintains an office in this state and in which at least 50 percent of the ownership interest is held by one or more individuals who maintain a residence, as described in s. 6.10 (1) , in this state.

(2)   Title to sunken logs. The state reserves to itself title and ownership of all logs resting on submerged lands owned by the state.

(3)   Application to remove sunken logs on certain submerged lands. A person wishing to raise and remove logs that are resting on submerged lands owned by the state and that are located in Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River shall make application to the board for a permit to do so. Unless the applicant has received a permit under this section prior to October 14, 1997, the applicant shall include with the application a performance bond in the amount of at least $10,000. The application shall do all of the following:

(a) Identify the boundaries of the location where the sunken logs will be raised.

(b) Specify the time period during which the sunken logs will be raised.

(c) Specify the methods to be used in raising the sunken logs, including any techniques with the potential to disturb lake bed material.

(d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised.

(e) Certify that the applicant is a resident of this state.

(em) Include the information required under sub. (3m) .

(f) Include any additional information required by the board.

(g) Be accompanied by a $500 application fee, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44 .

(3m)   Social security and federal employer identification numbers.

(a) In addition to the information required under sub. (3) , the application under sub. (3) shall include all of the following:

1. If the applicant is an individual and has a social security number, the applicant's social security number.

1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

2. If the applicant is not an individual, the applicant's federal employer identification number.

(b) The board may not disclose any information received under par. (a) 1. or 2. to any person except as follows:

1. The board may disclose information under par. (a) 1. or 2. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227 .

2. The board may disclose information under par. (a) 1. or 2. to the department of children and families in accordance with a memorandum of understanding under s. 49.857 .

(4)   Review by other agencies. Upon receipt of an application under sub. (3) , the board shall immediately transmit copies of the application to the department of natural resources and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following applies:

(a) The proposed project appears to require a permit under s. 30.20 .

(b) The proposed project appears to require a permit under s. 44.47 .

(c) The proposed project may affect public rights in navigable waters. The department of natural resources shall recommend to the board requirements and conditions to be attached to the permit which shall protect those rights.

(d) The proposed project is subject to any requirements arising under federal law.

(5)   Reservation of value. The state reserves to itself 30 percent of the stumpage value, as established under s. 77.91 (1) , of any log raised pursuant to a permit issued under this section.

(6)   Permit. Within 60 days after receipt of an application under sub. (3) , the board shall either approve, modify and approve or deny the application for a permit. A permit issued under this subsection shall be effective for 5 years. A permit issued under this subsection is not transferable and shall specify all of the following:

(a) The boundaries of the location where sunken logs may be raised pursuant to the permit. The area covered by the permit shall be contiguous and may not exceed 160 acres. A permit may not cover submerged lands that are not contained within Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River. No location may be covered by more than one permit under this section.

(b) That the applicant shall obtain all other permits that are required by law, and shall comply with all other requirements that are imposed by law, for raising and removing logs resting on submerged lands owned by the state.

(c) The frequency, means and procedure for accounting for and determining the appraised market value of any logs raised.

(dm) That the applicant shall implement procedures to determine whether a raised log bears an American Indian tribal mark or brand, to identify the tribal mark or brand, and to track the value realized from the sale of logs separately for logs that bear a particular tribal mark or brand.

(e) The procedure and times when the permit holder shall tender to the board, on behalf of the state, amounts due the state for its net share of the value of any logs raised. The amounts due the state for its net share of the value of logs described under par. (dm) shall be separately identified by tribal mark or brand.

(f) Any requirements and conditions necessary to protect public rights in navigable waters.

(g) Any requirements recommended under s. 44.47 (5r) (b) that the board determines should be a condition of the permit.

(7)   Permit renewal. If a permit holder wishes to renew a permit issued under this section, the permit holder shall submit a request for renewal, together with a $500 renewal fee, to the board at least 30 days before the expiration date of the permit. The board shall renew the permit for a 5-year period unless the board determines, after notice to the permit holder and an opportunity for the permit holder to be heard, that the permit holder has knowingly or willfully violated the terms, conditions or requirements of the permit; this section; s. 44.47 ; or rules promulgated under this section or s. 44.47 . If the board determines that there are environmental or archaeological facts affecting the location specified in the permit that were unknown at the time that the original permit was granted, the board may attach additional conditions or restrictions to the permit. If the board determines that the permit holder has knowingly or willfully violated the terms, conditions or requirements of the permit or a provision under this section or s. 44.47 , the board may deny the renewal or may attach conditions or restrictions to the renewal necessary to ensure compliance with the requirements of the original permit.

(8)   Denial of application; restriction, suspension and revocation of permits.

(a) The board may deny an application for an original or renewal permit if the applicant does any of the following:

1. Fails to comply with sub. (3) .

2. Violates any of the terms, conditions or requirements of a permit for the previous year.

(b)

1. The board shall deny an application for a permit renewal if any of the following applies:

a. The applicant has failed to provide the information required under sub. (3m) (a) .

b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301 . An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to any other hearing under this section.

bm. The department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions under s. 108.227 . An applicant whose renewal application is denied under this subd. 1. bm. is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to any other hearing under this section.

c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857 . An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857 . A permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

3. The board shall revoke a permit issued under this section if the department of revenue has certified under s. 73.0301 that the permit holder is liable for delinquent taxes under s. 73.0301 . A permit holder whose permit is revoked under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to any other hearing under this section.

4. The board shall revoke a permit issued under this section if the department of workforce development has certified under s. 108.227 that the permit holder is liable for delinquent unemployment insurance contributions under s. 108.227 . A permit holder whose permit is revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to any other hearing under this section.

(8m)   Duties of permit holders.

(a) A holder of a permit issued under this section shall do all of the following:

1. At the written request of the historical society, provide directly to the historical society a representative sample of company logging marks by sawing off the ends of the logs bearing the marks and by delivering them to the historical society.

2. Allow a historical society designee to observe log recovery activities under the permit.

(b) A person may not do any of the following while engaging in log recovery activities pursuant to a permit issued under this section:

1. Remove any object, as defined in s. 44.47 (1) (f) .

2. Disturb any discernible archaeological site, as defined in s. 44.47 (1) (b) .

3. Disturb any crib or dock.

(9)   Transfer of title. At such times as a permit holder tenders to the board the amounts due under the state's reservation of value, pursuant to the terms and conditions of the permit, title to any logs covered by such tender shall pass to the permit holder.

(9m)   Use of revenue from program. The board shall credit the amounts due the state for its net share of the value of logs described under sub. (6) (dm) to the appropriation account under s. 20.507 (1) (j) . For each type of tribal mark or brand, the board shall identify the American Indian tribe or band which made the tribal mark or brand and shall distribute the moneys received for the state's net share of the value of those logs to that American Indian tribe or band.

(10)   Forfeitures and remedies.

(a) Any logs subject to this section which are removed in violation of this section, or in violation of a permit issued under this section, shall be returned to the lakebed as directed by the board or shall be confiscated by the board and forfeited to the state.

(b) Any person who removes for commercial gain sunken logs on submerged state lands without a permit issued under this section may be required to forfeit $500 or an amount equal to 2 times the gross value of the removed logs, whichever is greater, plus the reasonably incurred costs of investigation and prosecution.

(c) Any person who intentionally interferes with a log recovery operation for which a permit has been issued under this section is liable to the permit holder for any actual losses resulting from the interference and may be required to forfeit not less than $100 nor more than $500.

1991 a. 206 , 315 ; 1997 a. 27 , 191 , 237 ; 1999 a. 9 ; 2005 a. 253 ; 2007 a. 20 ; 2009 a. 365 ; 2011 a. 32 , 209 ; 2013 a. 36 .