Wisconsin Code § 24.39

Leases of public lands
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(1) The board of commissioners of public lands may grant leases of parts or parcels of any
public lands except state park lands and state forest lands; grant
easements, leases to enter upon any of said lands to flow the same
or to prospect for and to dig and remove therefrom ore, minerals
and other deposits, and sell therefrom such timber as the board
shall find necessary to prevent future loss or damage. All sales of
standing live timber shall be on a selective cutting basis in line
with federal forest practices. Such easements, leases, licenses
and sales shall be made only for a full and fair consideration paid
or to be paid to the state, the amount and terms whereof shall be
fixed by said board, and such easements, leases, licenses and
sales shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the exercise by the department of natural resources of similar powers affecting state park lands and state forest lands.
(2) In negotiating for such leases, licenses or sales, and in exercising the other powers conferred by this section the board of
commissioners of public lands shall, so far as it finds it desirable
and practicable, request and make proper use of such services and
information as the department of natural resources may be able to
furnish.
(3) All moneys received by the board from the leasing of land
under the U.S. flood control act of 1954 and subsequent amendments thereto, shall be paid into the general fund of the state
within one week and are appropriated therefrom to the board to
be paid to the county clerk of the county in which the leased land
is located for the benefit of the general fund of such county
within 30 days of its receipt by the board.
(4) (a) Subject to pars. (c) and (d) the board of commissioners of public lands may:
1. Lease to riparian owners rights to the beds of lakes and
rights to fill in beds of lakes or navigable streams, held by the
state in trust for the public, when the purpose of the lease is for
the improvement of navigation or for the improvement or construction of harbor facilities as defined in s. 30.01; and
2. Lease such rights to municipalities as defined in s. 30.01
and in locations where the municipality is the riparian owner,
when the purpose of the lease is for the improvement or provision
of recreational facilities related to navigation for public use.
(b) All revenues from such leases shall be paid into the general fund.
(c) No leases under par. (a) may be executed without a prior
finding of the department of natural resources under s. 30.11 (5)
that any proposed physical change in the area contemplated as the
result of the execution of any term lease is consistent with the
public interest in the navigable waters involved.
(d) This subsection applies only to Lake Michigan and Lake
Superior, the Mississippi and St. Croix rivers, the Fox River from
Green Bay upstream to the point where it meets the Wolf River,
and to the segments of all other bodies of water in which the U.S.
army corps of engineers provides and maintains commercial navigation channels.
(e) Such lease shall be for a term not to exceed 50 years, and
shall include therein any and all conditions and terms the board
of commissioners of public lands believes to be necessary in the
public interest. A lessee or the lessee’s heirs, successors or assigns of a lease which has reached the end of its term shall have
first opportunity to contract with the board of commissioners of
public lands for a new lease.
(f) A municipality may sublease rights leased to it under par.

(a) 1. or 2. to corporations or private persons. A municipality
may also make physical improvements on and above the bottoms
to which rights were leased from the board of commissioners of
public lands and may sublease these improvements to corporations or private persons. Any subleases under this paragraph
shall be consistent with this subsection and with whatever standards or restrictions the department of natural resources, acting
under s. 30.11 (5), may have found at the time of execution of the
original lease by the board of commissioners of public lands to
the municipality.
(g) The lease may be terminated for nonuse or for a nonconforming use any time after 5 years from date of issue, or such
shorter period of time as may be specified in the lease. It may
also be terminated for any other ground recognized at law for termination of a lease.
(h) All rights to submerged lands and rights above submerged
lands ceded, granted, or leased to municipalities, or other persons
by acts of the state that were effective prior to October 10, 1961,
shall not be affected by this subsection or by s. 30.11 (5).
(i) All leases entered into by the board of commissioners of
public lands under this subsection and s. 30.11 shall be deemed to
be subject to this section and any other applicable laws of this
state or of the United States.

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