Section 23.095. Protection of natural resources.

 

(1)   Definitions. In this section:

(a) “Damage" means to commit a physical act that unreasonably destroys, molests, defaces, removes or wastes.

(b) “Discharge" has the meaning given in s. 292.01 (3) .

(c) “Hazardous substance" has the meaning given in s. 285.01 (21) .

(1g)   General prohibition. No person may damage or attempt to damage any natural resource within the state.

(1m)   Prohibition on department land.

(a) No person may damage or attempt to damage any natural resource or any archaeological feature located on state-owned lands that are under the supervision, management and control of the department except as authorized by the department.

(b) Paragraph (a) does not apply to state-owned lands that are beds of navigable waters.

(2m)   Prohibition on land in Kickapoo valley reserve. No person may damage or attempt to damage any natural resource or archaeological feature located in the Kickapoo valley reserve under s. 41.41 (2) .

(3)   Penalties.

(a) Any person who violates sub. (1g) shall forfeit not more than $100.

(b) Except as provided in pars. (c) and (d) , any person who violates sub. (1m) or (2m) shall forfeit not more than $200.

(c) If a person violates sub. (1m) or (2m) and the violation involves damaging or attempting to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27 (1) (h) , the person shall forfeit not more than $2,000.

(d)

1. Except as provided in subds. 2. and 3. , if a person violates sub. (1m) or (2m) and the violation involves damaging or attempting to damage an archaeological feature, the person shall forfeit not less than $100 nor more than $10,000.

2. Except as provided in subd. 3. , if a person violates sub. (1m) or (2m) and the violation involves intentionally damaging or intentionally attempting to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

3. If a person violates sub. (2m) and the violation involves intentionally damaging or attempting to damage an archaeological feature in the pursuit of commercial gain, the person shall, in addition to the penalty imposed under subd. 2. , be fined an amount 2 times the gross value gained or the gross loss caused by the violation, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(4)   Exceptions.

(a) This section does not apply to any person upon whom liability is imposed under 42 USC 9607 (a) for injury to, destruction of or loss of natural resources within the state.

(b) If a natural resource or archaeological feature is damaged by the discharge of a hazardous substance, this section does not apply to the person who caused the discharge unless the person who caused the discharge did so with the intent to damage the natural resource or archaeological feature or to any other person who possesses or controls the hazardous substance subsequent to the discharge.

1975 c. 365 ; 1995 a. 391 ; 1997 a. 35 , 194 . Cross-reference: See also s. NR 19.001 , Wis. adm. code.