Section 27.01. State parks.

 

(1)   Purpose. It is declared to be the policy of the legislature to acquire, improve, preserve and administer a system of areas to be known as the state parks of Wisconsin. The purpose of the state parks is to provide areas for public recreation and for public education in conservation and nature study. An area may qualify as a state park by reason of its scenery, its plants and wildlife, or its historical, archaeological or geological interest. The department shall be responsible for the selection of a balanced system of state park areas and for the acquisition, development and administration of the state parks. No admission charge shall be made to any state park, except as provided in subs. (7) to (9) .

(2)   Powers of the department. In order to carry out the purposes of this section, the department shall have charge and supervision of the state park system. The department also may:

(a) Acquire by purchase, lease or agreement lands or waters suitable for state park purposes and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly committees on natural resources.

(b) Classify state park areas as to their most logical employment and greatest usefulness as, for example, scenic, recreational or historical, and establish boundaries for each state park.

(c) Make, and as rapidly as possible carry out, plans for the development of the state parks, including the layout and construction of roads, trails, camping and picnic areas, buildings, water and sewer and other sanitary installations, and the development of all other facilities considered necessary for the preservation of special features or the overall usefulness of any state park.

(d) Enter into agreements with the federal government, the government of neighboring states, state departments, counties, towns, scientific societies, organizations, individuals or others on any subject considered of concern and benefit to the state parks. Operation of historic buildings, restorations, museums or remains within the boundaries of a state park or parks may be vested by such agreements in the historical society, which may charge a resident an admission fee and shall charge a nonresident an admission fee to such buildings, restorations, museums or remains in accordance with s. 44.02 (5) in order to defray in whole or in part the costs of operation of such sites.

(e) Accept, in the name of the state, grants of land and bequests or donations of money for the state park system.

(f) Grant concessions or franchises for the furnishing of supplies or facilities and services on the state parks considered necessary for the proper comfort of the public.

(g) Lease parts or parcels of state park land or grant easements thereto.

(h) Designate by appropriate name any state park not expressly named by the legislature.

(i) Establish and operate in state parks such services and conveniences and install such facilities as will render such parks more attractive for public use and make reasonable charges for the use thereof.

(j) Promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.

(k) Designate parking areas and regulate the use and movement of automobiles or other vehicles in the state parks.

(L) Make surveys and investigations of sites considered potentially valuable for state parks.

(m) Take such other action as may be deemed advisable for the administration, development, maintenance or protection of the state park system or any part or parts thereof.

(3)   Transfer of state park land to municipalities. The department may not transfer the ownership of any state park or land within any state park to any county, city, village or town unless it receives the approval of the joint committee on finance regarding the appropriate level of reimbursement to be received by the state to reflect the state's cost in acquiring and developing the state park or land within the state park.

(4)   Park managers. Park managers employed by the department shall have all the powers of state fire wardens as provided in ch. 26 , and such powers shall apply to state parks.

(5)   Roadside parks. All areas designated as roadside parks shall be a part of the state park system. Roadside parks will consist of naturally attractive parcels of land, 5 acres or more in size, immediately contiguous to a state trunk highway. Each such area shall carry a distinctive name and shall be managed and developed as a part of the state park system.

(6)   Names. The state parks shall be designated as follows:

(a) The state park in the town of St. Croix Falls, Polk County, as “Interstate Park".

(b) The state park in the town of Gibraltar, Door County, as “Peninsula State Park".

(c) The state park in the town of Nasewaupee, Door County, as “Potawatomi State Park".

(d) The state park in the town of Wyalusing, Grant County, as “Wyalusing State Park".

(e) The state park in the town of Baraboo, Sauk County, as “Devil's Lake State Park".

(f) The state park in the town of Morse, Ashland County, as “Copper Falls State Park".

(g) The state park in the town of Cassville, Grant County, as “Nelson Dewey State Park".

(h) The state park in the town of Rib Mountain, Marathon County, as “Rib Mountain State Park".

(i) The state park in the town of Trempealeau, Trempealeau County, as “Perrot State Park".

(j) The state park in the town of Wilson, Sheboygan County, as “Terry Andrae State Park".

(k) The state park in the town of Wyoming, Iowa County, as “Tower Hill State Park".

(L) The state park in the town of Belmont, Lafayette County, as “First Capitol State Park", except that this paragraph does not apply after February 28, 1994, if the state park has been transferred to the historical society under 1993 Wisconsin Act 16 , section 9142 (1e) .

(m) The state park in the town of Superior, Douglas County, as “Pattison State Park".

(n) The state park in Jefferson County, as “Aztalan State Park".

(o) The state park in Oconto County, as “Copper Culture Mounds State Park".

(p) The state park in the town of Clifton, Pierce County, as “Kinnickinnic State Park".

(7)   Vehicle admission; receipt; requirement; fees.

(a) Definitions. In this subsection:

1. “Motor bus" has the meaning specified under s. 340.01 (31) .

1m. “Service member" means a person who is serving on active duty in the U.S. armed forces.

2. “Vehicle" means an automobile, motor truck, motor delivery wagon, motor bus, motorcycle or other similar motor vehicle.

3. “Vehicle admission area" means the Bong area lands acquired under s. 23.09 (13) , the Wisconsin Dells natural area, the Point Beach state forest, recreational areas in other state forests designated as such by the department, designated use zones within recreation areas established under s. 23.091 (3) , and any state park or roadside park except those specified in par. (c) 5.

(b) Vehicle admission receipt; requirement. Except as provided under par. (c) , no person may operate a vehicle in a vehicle admission area unless the vehicle has a vehicle admission receipt affixed to it or otherwise displayed as provided under par. (e) .

(c) Vehicle admission receipt; exemptions. No vehicle admission receipt is required for any of the following:

1. Any vehicle in a vehicle admission area between November 1 and March 31, except as the department provides by rule.

1m. Any vehicle, except a motor bus, that is in a vehicle admission area on Veterans Day or during the 3-day weekend that includes Memorial Day and that is occupied by a person who produces evidence that shows that he or she is a state resident and a service member.

2. Any vehicle operated by an employee, agent or officer of the state, the United States or a local unit of government while in the performance of official duties.

3. Any vehicle when furnishing services or supplies.

4. Any vehicle traveling on a public highway in a state park or state forest.

5. Any vehicle within state parks or state park areas designated by the department.

6. Any vehicle, except a motor bus, occupied by a person holding a senior citizen recreation card issued under s. 29.624 or an annual disabled veteran recreation card issued under s. 29.236 .

7. Any vehicle, except a motor bus, occupied by a person who is at least 18 years of age and who holds a conservation patron license issued under s. 29.235 .

8. Any vehicle towed behind or carried on another vehicle. The department may issue a special permit for a towed or carried vehicle in order to determine compliance with and facilitate enforcement of the vehicle admission receipt requirement.

9. Any school bus as defined in s. 340.01 (56) .

10. Any motor vehicle operated for the purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school, a tribal school as defined in s. 115.001 (15m) , or a home-based private educational program under s. 118.15 (4) or for the purpose of transporting students to or from an outdoor academic class given by an accredited college or university in this state. The operator of a motor vehicle transporting pupils or students under this subdivision shall possess and exhibit for inspection a written authorization from an administrator of the school, home-based private educational program, or college or university indicating that admission to the vehicle admission area is part of an official school, home-based private educational program, or college or university function and indicating the date for which the authorization is applicable. A separate authorization is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.

11. Any vehicle, except a motor bus, occupied by a state resident who produces evidence that shows that he or she is a veteran, as defined in 38 USC 101 , and is receiving disability compensation benefits under 38 USC 1101 to 1163 as individually unemployable under 38 USC 1502 or for disabilities that result in a disability rating that is 70 percent or greater under 38 USC 1114 .

12. Any vehicle, except a motor bus, occupied by a state resident who produces evidence that shows that he or she was a member of the U.S. armed services and was held as a prisoner of war during a war period, as defined in s. 45.01 (13) , or while in service in a crisis zone, as defined in s. 45.01 (11) .

(d) Issuance of vehicle admission receipts. An annual vehicle admission receipt shall be issued by the department and is valid for the calendar year for which it is issued. An annual vehicle admission receipt may not be issued by the department for a motor bus. A daily vehicle admission receipt shall be issued by the department, shall state the date for which it is issued and is effective only for the date issued.

(e) Displaying the vehicle admission receipt.

1. The annual vehicle admission receipt and the daily vehicle admission receipt shall be affixed by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle or shall be displayed as authorized under a rule promulgated under subd. 2.

2. The department may promulgate a rule that authorizes different methods of displaying a vehicle admission receipt, other than the method specified in subd. 1.

(f) Resident vehicle admission receipts; fees.

1. Except as provided in par. (gm) , the fee for an annual vehicle admission receipt is $27.50 for each vehicle that has Wisconsin registration plates, except that no fee is charged for a receipt issued under s. 29.235 (6) .

2. Except as provided in subds. 3. and 4. and par. (gm) 4. , the fee for a daily vehicle admission receipt is $7.85 for any vehicle which has Wisconsin registration plates.

3. Subject to par. (gm) 5. , the fee for a daily vehicle admission receipt for a motor bus that has Wisconsin registration plates is $10.85.

4. Notwithstanding subd. 3. and subject to par. (gm) 5. , the fee for a daily vehicle admission receipt for a motor bus which primarily transports residents from nursing homes located in this state is $3.35, for any motor bus which has Wisconsin registration plates.

(g) Nonresident vehicle admission receipts; fees.

1. Except as provided in par. (gm) , the fee for an annual vehicle admission receipt is $37.50 for any vehicle that has a registration plate or plates from another state, except that no fee is charged for a receipt issued under s. 29.235 (6) .

2. Except as provided in subds. 3. and 4. , the fee for a daily vehicle admission receipt for any vehicle that has a registration plate or plates from another state is $10.85.

3. Subject to par. (gm) 5. , the fee for a daily vehicle admission receipt for a motor bus that has a registration plate or plates from another state is $14.85.

4. Notwithstanding subd. 3. and subject to par. (gm) 5. , the fee for a daily vehicle admission receipt for a motor bus which primarily transports residents from nursing homes located in this state is $5.85, for any motor bus which has a registration plate or plates from another state.

(gm) Reduced fee vehicle admission receipts.

1. Instead of the fees under pars. (f) 1. and (g) 1. , the department shall charge an individual $15 or $20, respectively, for an annual vehicle admission receipt if the individual applying for the receipt or a member of his or her household owns a vehicle for which a current annual vehicle admission receipt has been issued for the applicable fee under par. (f) 1. or (g) 1.

3. Notwithstanding par. (f) 1. , the fee for an annual vehicle admission receipt for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.001 (72) , is $12.50.

4. Notwithstanding par. (f) 2. , the fee for a daily vehicle admission receipt for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.001 (72) , is $2.85.

5. A business or entity that owns motor buses shall receive a discount of 50 percent of the total amount of fees paid under pars. (f) and (g) for daily vehicle admission receipts during a calendar year, if the business or entity receives, in the initial transaction for the calendar year, a least 50 daily vehicle admission receipts.

(gr) Issuing fees. The department shall collect an issuing fee of 50 cents for each annual vehicle admission receipt issued and an issuing fee of 15 cents for each daily vehicle admission receipt issued.

(gu) Transaction payments. The department shall establish a system under which the department pays each agent appointed under sub. (7m) (a) a payment of 50 cents for each time that the agent processes a transaction through the statewide automated system contracted for under sub. (7m) (d) . This payment is in addition to any issuing 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.

(h) Use of vehicle admission receipt and issuing fees. All moneys collected as fees under pars. (f) to (gr) and sub. (7m) (b) that are not retained by agents under par. (gu) or sub. (7m) (b) shall be paid within one week into the state treasury, credited to the conservation fund and used for state parks, state recreation areas, recreation areas in state forests, and the Bong area lands.

(7m)   Collection; agents; vehicle admission and issuing fees.

(a) The department may appoint agents who are not employees of the department to issue vehicle admission receipts and collect the vehicle admission fees under sub. (7) , except for receipts issued and fees collected under sub. (7) (gm) 5.

(b) An agent appointed under par. (a) shall collect the applicable issuing fee specified in sub. (7) (gr) . The agent may retain the issuing fees to compensate the agent for the agent's services in issuing the receipts.

(c) The department may promulgate rules regulating the activities of persons who are authorized as agents under this subsection.

(d) The department may contract with persons who are not employees of the department to operate a statewide automated system for issuing vehicle admission receipts and collecting vehicle admission fees under sub. (7) , except for receipts issued and fees collected under sub. (7) (gm) 5.

(8)   Admission fees; heritage hill state park; state trails.

(a) Admission fee. Except as provided under pars. (b) and (bn) , the department may charge a person an admission fee to enter Heritage Hill state park or a state trail.

(b) Exemptions; Heritage Hill and state trails. No admission fee to enter Heritage Hill State Park or any state trail may be charged for entry by any of the following:

1. Any person during the period from October 27 to March 31, except as the department provides by rule;

2. Any person holding a senior citizen recreation card issued under s. 29.624 or an annual disabled veteran recreation card issued under s. 29.236 ; or

3. Any person who is at least 18 years of age and who holds a conservation patron license issued under s. 29.235 .

(bn) Exemptions; state trails only. No admission fee to enter any state trail may be charged for entry by any of the following:

1. Any state resident who produces evidence that shows that he or she is a veteran, as defined in 38 USC 101 , and is receiving disability compensation benefits under 38 USC 1101 to 1163 as individually unemployable under 38 USC 1502 or for disabilities that result in a disability rating that is 70 percent or greater under 38 USC 1114 .

2. Any state resident who produces evidence that shows that he or she was a member of the U.S. armed services and was held as a prisoner of war during a war period, as defined in s. 45.01 (13) , or while in service in a crisis zone, as defined in s. 45.01 (11) .

3. Any person who on Veterans Day or during the 3-day weekend that includes Memorial Day produces evidence that shows that he or she is a state resident and a service member, as defined in sub. (7) (a) 1m.

(c) Amount of admission fee.

1. The department may establish by rule the amount of the admission fee to enter Heritage Hill state park.

2. The department shall issue an annual state trail pass that authorizes admission to a state trail during the calendar year for which the annual state trail pass is issued. The fee for an annual state trail pass is $25.

3. The fee for a daily state trail pass is $5.

(e) Operation of certain parks and trails. The department may authorize nonprofit corporations to operate state trails and state parks classified as historical parks.

(f) Heritage Hill; special fees. A nonprofit corporation authorized by the department to operate Heritage Hill state park may collect and retain separate fees for special programs and profits from the sale of books, souvenirs, gifts and consignment items if this revenue is used for the park.

(8m)   Collection; agents; heritage hill state park; state trails.

(a) The department may authorize agents, including the department's concessionaires and their agents, to collect the admission fees under sub. (8) as follows:

1. Agents who are managers and operators of state trails, and who incur actual operating expenses, may retain not more than 70 percent of the admission fees that they collect.

2. Agents to whom subd. 1. does not apply may retain not more than 20 percent of the admission fees that they collect.

(b) An agent who is a manager and operator of a state trail, and who incurs actual operating expenses, must use the fees retained under this subsection for the operation of the state trail.

(c) The department may promulgate rules regulating the activities of agents under this subsection.

(9)   Waiver of fees; special fees.

(a) Generally. The department may waive the fees under subs. (7) and (8) or may charge admission fees in addition to or instead of those fees. Fees or fee waivers may vary, based upon any of the following:

1. Certain classes of persons or groups.

2. Certain areas.

3. Certain types of visitation or times of the year.

4. Admission to special scheduled events or programs.

5. Admission based on a per person basis.

(bn) Annual vehicle admission receipt fee waiver. The department shall waive the fee, including the issuing fee, imposed under sub. (7) for an annual vehicle admission receipt for any vehicle, except a motor bus, that has Wisconsin registration plates and that is owned by a person who produces evidence that he or she is the owner, is a state resident, and is a service member, as defined in sub. (7) (a) 1m. Each person who qualifies for this waiver may receive the waiver only once. For purposes of administering this paragraph, the department shall establish and maintain a list of service members, as defined in sub. (7) (a) 1m. , who have received the onetime exemption.

(c) Annual trail fee waiver. The department shall waive any annual fee for admission to state trails that is established under sub. (8) (c) for any person who produces evidence that he or she is a state resident and a service member, as defined in sub. (7) (a) 1m. Each person who qualifies for this waiver may receive the waiver only once. For purposes of administering this paragraph, the department shall establish and maintain a list of service members, as defined in sub. (7) (a) 1m. , who have received the onetime exemption.

(10)   Campgrounds; fees.

(a) Definition of resident. As used in this subsection “resident" means a person who maintains his or her place of permanent abode in this state. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes, without limitation, the location where the person votes, pays personal income taxes or obtains a driver's license.

(b) Establishment, operation and categories of campgrounds. The department may establish and operate state campgrounds in state parks, state forests and other lands under its supervision and management. The department may classify, by rule, state campgrounds into separate categories.

(c) Imposition of camping fee. Except as provided under par. (f) , no person may camp in a state campground unless the applicable camping fee is paid.

(d) Camping fees. Except as provided under pars. (f) and (h) :

1. The department shall charge a camping fee of not less than $15 but not more than $20, as determined by the secretary, for each night at a campsite in a state campground for a resident camping party, except as provided under par. (fm) .

2. The department shall charge a camping fee of not less than $19 but not more than $25, as determined by the secretary, for each night at a campsite in a state campground for a nonresident camping party, except as provided under par. (fm) .

(e) Determination of residency. The department shall base its determination of whether a camping party is a resident or nonresident camping party upon the residency of the person who applies for a reservation under sub. (11) at the time the application for reservation is made or, if no reservation is made, the residency of the person who registers for the campsite at the time of registration.

(f) Waiver of fees; special fees. The department may waive camping fees, charge additional camping fees or charge special fees instead of camping fees for certain classes of persons or groups, certain areas, certain types of camping or times of the year and for admission to special events.

(fm) Fee adjustments. The secretary may raise the fees under par. (d) 1. or 2. by not more than $5 above the respective maximum fee specified under par. (d) 1. or 2. or may lower the fees under par. (d) 1. or 2. by not more than $5 below the respective minimum fee specified under par. (d) 1. or 2.

(g) Additional camping fees. Besides the additional camping fees authorized under par. (f) , the department may charge:

1. An additional camping fee of $1 per night for a resident camping party.

2. An additional camping fee from $1.50 to $1.75 per night for a nonresident camping party.

3. An additional camping fee of $1 for each pet accompanying a camping party.

4. An additional camping fee of $1 per night per camping party for a Friday, Saturday or Sunday night.

5. An additional camping fee of $10 per night for a camping party that uses electricity supplied at a state campground if the campsite has an electric receptacle.

(h) Increased camping fees. In addition to its authority under par. (f) , the department shall determine which state campgrounds are located in areas where local market conditions justify the establishment of higher camping fees to be charged by the department. For these state campgrounds, the department shall promulgate rules to establish higher camping fees to be based on the applicable local market conditions.

(11)   Campground reservation system.

(a) Authorization. The department may establish and operate a campground reservation system for state campgrounds in state parks, state forests and other lands under the department's supervision and control. The department may participate with owners of private campgrounds in a cooperative reservation system.

(b) Rules. The department shall promulgate rules for the operation of the campground reservation system. The rules shall include all of the following:

1. The authority to refuse to accept campground reservation applications before a certain date or to treat applications received before that date as if they had been made on that date.

2. The authority to give reservations for each year until all of the available sites in a campground that are open for reservations for a given date have been reserved.

(c) Reservation fee. A reservation fee sufficient to equal the estimated cost of administering the system shall be charged.

(cm) Contracts. The department may enter into a contract with another party to operate the campground reservation system that the department establishes under par. (a) .

(cr) Contracts; distribution of fees. A contract entered into under this paragraph shall require that the department retain $1 of each reservation fee collected. Under the contract the other party shall be required to do either of the following:

1. Remit the entire amount of each reservation fee it collects to the department. The department shall credit to the appropriation under s. 20.370 (1) (er) for payment to the party all but $1 of each fee remitted.

2. Remit $1 of each reservation fee it collects to the department.

(i) Cooperation with tourism. The department of natural resources and the department of tourism shall work jointly to establish an automated campground reservation system.

(12)   Legal counsel. A representative of the department of justice designated by the attorney general shall act as legal counsel for said department of natural resources, both in proceedings and litigation, and in giving advice and counsel. The respective district attorneys of the county or counties where said park is or shall be located shall prosecute all violations of this section occurring within their respective counties as provided in s. 26.18 .

(13)   Police supervision. The department shall have police supervision over all state parks, and its duly appointed wardens or representatives in charge of any state park may arrest, with or without warrant, any person within such park area, committing an offense against the laws of the state or in violation of any rule or regulation of the department in force in such state park, and deliver such person to the proper court of the county wherein such offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such offense has been committed shall appear and prosecute all actions arising under this subsection.

(15)   Certain types of campsites.

(a) In this subsection:

1. “Rustic state park campsite" means a state park campsite in a campground that meets all of the requirements that are promulgated by rule by the department for campgrounds that do not provide modern facilities such as electrical receptacles, flush-type toilets and showers.

2. “State park campsite" means a campsite that is located in a state park.

(b) The number of state park campsites with electric receptacles shall be maintained by the department so that all of the following apply:

1. No more than 30 percent of all state park campsites in the state have electric receptacles.

2. No more than 50 percent of the state park campsites in any one state park have electric receptacles.

3. No less than 25 percent of all state park campsites in the state are rustic state park campsites.

(16)   Procedure required for alteration of a Perrot State Park entrance.

(a) The department may not alter any entrance to Perrot State Park after January 1, 2005, that will result in any change in the access to or egress from that state park unless the department receives approval under par. (b) from the town that has jurisdiction over the road on which the entrance is located.

(b) The department shall request approval for the alteration of an entrance to Perrot State Park from the town that has jurisdiction over the road on which the entrance is located. The department shall file written notice with the clerk of the town of the department's intent to alter the entrance. The notice shall include a request for the town's approval of the alteration and the reasons for the proposed alteration. The town board shall hold a public hearing within 60 days after receipt of the department's notice. The town board shall provide a class 3 notice of the time and place that the board will consider the department's request. The town's notice shall contain a statement of the entrance that is being considered for alteration, the reasons provided by the department for that alteration, and a scale map of the area around that park entrance. The town board shall hold a public hearing at the time and place stated in the notice before taking any action on the department's request. The department and other interested parties may testify at the hearing. Within 30 days after the hearing, the town board shall provide the department with written notification of the board's decision regarding the alteration.

(17)   Limited golf cart use. The department shall permit the use of golf carts by persons age 16 and over in Governor Tommy G. Thompson Centennial State Park and the Peshtigo River State Forest. The department shall promulgate a rule that specifies when and where golf carts may be used in the state park and the state forest. The rule shall allow golf carts to be used for at least the same hours and in at least the same places as golf carts were used in the state park and the state forest before they were acquired by the state.

(18)   Alcohol sales in Peninsula State Park. The department shall allow a person with whom it contracts for the operation of a golf course or a golf clubhouse in Peninsula State Park to sell alcohol beverages on the golf course or in the golf clubhouse and shall allow users of the golf course or golf clubhouse who are at least 21 years of age to possess and consume those alcohol beverages. In the contract described under this subsection, the department may impose restrictions on the sale of alcohol beverages that are consistent with the restrictions imposed upon Class “B" licensees and “Class B" licensees under ch. 125 .

Cross-reference: See also chs. NR 8 and 45 and ss. NR 1.30 , 1.47 , 1.61 , and 10.28 , Wis. adm. code.