CR_16-001 Governing public use of department properties and also relate to stewardship grant funding eligibility

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING ; RENUMBERING ; RENUMBERING AND AMENDING ; RENUMBERING, AND AMENDING; AMENDING ; REPEALING AND RECREATING ; AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 45.11 (7) (j), 45.13 (3) and (10) (c), 45.13 (13m), 45.13 (16) and (24) ; to renumber and amend NR 4 5.05 (3) (d), and 45.13 (14m) ; to amend NR 45.03(3) and (16v), 45.04 (1) (b), 45.04 (3) (v), 45.045(1) and (2)(c)(intro.),45.05 (3) (f), (g) and (h) (intro.), 45.09 (1), 45.09 (5) (b), 45.10 (l) (n), 45.12 (1) (b) 1. f., 45.12 (1) (b) 7.d., 45.12 (4) (g) 2.a. and b. and (i), 45.13 (11m) (b), NR 51.70 (1) (intro.) ; to repeal and recreate NR 51.73 (2) ; and to create NR 4 5.03 (18X), (21d) and (25m), 45.04 (4), 45.046, 45.05 (3) (d) 2. And 3., 45.05 (3) (em) including Note, 45.09 (4) (d), 45.095, 45.10 (1) (r), 45.10 (5), 45.11 (4) (zc), 45.12 (1) (d) 55. to 58., 45.12 (4) (L), 45.13 (14m) (a) 1. and 2., 45.13 (28), 45.13 (29) and (30), NR 51.70 (3) relating to public use of department properties and implementation and administration of the Stewardship grant program.

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Analysis Prepared by the Department of Natural Resources

1. Statute s interpreted : In addition to the general authority granted by s. 227.11(2)(a) , Stats., to implement and interpret its statutory authority, the Department of Natural Resources has specific grants of rule making authority in chs. 23 and 27 , Stats., to manage its properties. See ss. 23.09(2) , 23.091 , 23.11(1) , 23.28(3) , 23.33(4)(b) , 27.01(2)(j) , 27.01(10)(b) , (f) and (h) , 27.01(11)(b) , Wis. Stats .

2. Statutory authority: In addition to the general authority granted by s. 227.11(2)(a) , Stats., to implement and interpret its statutory authority, the Department of Natural Resources has specific grants of rule making authority in chs. 23 and 27 , Stats., to manage its properties. See ss. 23.09(2) , 23.091 , 23.11(1) , 23.28(3) , 23.33(4)(b) , 27.01(2)(j) , 27.01(10)(b) , (f) and (h) , 27.01(11)(b) , Wis. Stats .

3. Explanation of agency authority: The Department of Natural Resources is given general authority to promulgate rules relating to the management and protection of Department properties and to regulate the conduct of visitors to Department properties. In addition, the Department is given specific authority to promulgate rules relating to categories of campsites, camping fees, and the campground reservation system, and the use of all-terrain and utility terrain vehicles on road in Department properties.

4. Related statute or rule: Not applicable

5. Plain language analysis: Chapter NR 45 is the principal rule governing the conduct of visitors to the properties and facilities, owned, acquired by easement, or leased by the Department. This chapter is reviewed and revisions are proposed on a regular basis however it has been over 5 years since this rule has been reviewed and any revisions have been approved. Proposals seek to update fee structures, provide camping guidance, and address a variety of general and specific property uses governed by rule. A few rule changes are also included to imp lement recent statutory changes or to improve rule clarity.

Chapter 51 relates to the administration of the Stewardship grant program. The language is updated regarding the purpose of the state trail network, water trails are defined and a state water trail is added to the list of state trails making that project eligible for funding under the Stewardship program.

Section 1 amends the definition of “Bicycle” to be consistent with state law and amends the definition of “Physically disabled person” to be consistent with the definition in federal law.

Section 2 creates definitions for “Established Shooting Range”, “Special event” and “Water trail”.

SECTION 3 modifies a rule that allows, by posted notice, the closure of land, structures, or property for safety and protection of resources. The modification will allow for the ability to close for one or more activities in addition to a complete closure for all public use and codifies that the closure is to be authorized by the Secretary or Secretary Designee.

SECTION 4 clarifies that wood collection for legally authorized campfires does not require a forest product permit and adds the Rainbow flowage property to the list of properties where driftwood and other dead and downed wood located below the ordinary high water mark may not be removed or destroyed without written permission.

SECTION 5 creates a mechanism to regulate “special events” and identifies criteria for authorizing said events. This will help assure that these events do not have significant adverse impacts to public safety, other authorized uses of the property, and the natural resources. Property management staff has experienced an increase in requests for special events on Department properties in the past several years.

SECTION 6 amends the language governing the possession of firewood by eliminating wording about where the firewood is intended to be used. This is intended to provide clarity for enforcement of this provision whose purpose is to help slow the spread of invasive species. For clarity, lumber is removed fr om the definition of firewood as NR 45.045(3) specifies that dimensional lumber that is debarked, kiln dried and smoothed is exempt from the requirements regarding firewood possession.

SECTION 7 creates provisions for the cutting and gathering of firewood for home use as authorized under a valid forest products permit. Currently no administrative rule or statute allows for enforcement of forest product permit conditions for firewood gathering.

SECT ION 8 amends the language to clarify that this permit authorization for use of a motorized vehicle is specifically for individuals with a disability that impairs mobility. This section also specifies what is required for proof of disability and provides that up to two additional people may accompany the permittee on the devise for the sole purpose of providing assistance.

SECTION 9 codifies permit requirements for motorized vehicle use as a mode of personal conveyance for an individual with a mobility disability. Permits are utilized to protect public safety and property resources. Codifying the provision creates an enforcement mechanism if the permit conditions are violated. This section also includes language to assure that the authorization is solely for the purposes of assisting the disabled individual.

SECTION 10 authorizes the use of motor bicycles on state trails open to bicycles provided that the motor is not engaged, or at less than 15 MPH if the electric motor is engaged. It also allows the department to prohibit operation of motor bicycles on specific trails, or sections of trails, by posted notice.

SECTION 11 adds motor bicycles to the requirements that currently apply to bicycles on designated bicycle trails. The rules require stopping at stop signs and prohibiting riding in a reckless manner so as to endanger life, property or persons.

This section also allows the Department to establish all-terrain vehicle routes on all Department lands over Department roads. This broadens the rule beyond just northern state forests and recognizes authorizations in some recent master plan approvals. It further reflects recent legislative direction in s. 23.116 to evaluate motorized access.

SECTION 12 removes the category of state parks from, and adds designated campsites to the list of locations where no person may take, catch, kill, hunt, trap or pursue any wild animal or bird, or discharge any firearm, or have in possession or under control any uncased firearm or air gun or any bow, crossbow, slingshot or spring-load device designed for shooting a projectile unless the same is unstrung or enclosed in a carrying case. State parks are being removed from the list to be consistent with a statutory change which expanded hunting in state parks. Designated campsites are added to the list for public safety considerations. This section also adds an exception to the general prohibition to enable the Department to issue a special use permit to facilitate hunter education, civil war reenactments, interpretive programs, and other events.

SECTION 13 creates an allowance for the use of a firearm to kill an animal that has lawfully been trapped in a state park to dispatch a trapped animal.  Note: Trapping is allowed in state parks per 2011 Act 168 .

SECTI ON 14 amends the wording to state “shooting range” rather than “target range” to more accurately describe the facilities.

SECTION 15 creates general rules for department shooting ranges and adds some specific restrictions for the range at the Kettle Moraine state forest, Southern Unit. Presently most shooting ranges on Department lands have no codified rules making enforcement difficult.

SECTION 16 adds restrictions on the number of days that camping is permitted on state-owned islands on the Mississippi River and a requirement that the campsites must be occupied daily and camping property may not be left unattended for over 24 hours. The rule is written to be consistent with island camping regulations on the Upper Mississippi National Fish and Wildlife Refuge.

SECTION 17 places restrictions on canceling camping reservations made at the maximum window, 11 months prior to arrival, to prevent customers from abusing the reservation system by keeping control of their desired site by cancelling and rebooking camping site reservations until they get their desired dates.

SECTION 18 creates provisions related to equestrian campgrounds to ensure priority is given to camping parties that intend to ride an equine and use equine related amenities in the campgrounds. A campsite may be registered by a camping party not accompanied by an equine if that camping party is camping with another camping party with an equine which is being used by both camping parties. The rule also gives the property manager the authority to allow any registered camper to stay in the equestrian campground if no other family camping is available and the equestrian campground is not full.

SECTION 19 adds Puckett’s Pond, in Harington Beach state park to the list of properties that do not allow the operation of motorboats. This rule is consistent with other urban fishing locations .

SECTION 20 Removes Robinson Creek Pond, in the Black River state forest, Jackson County from the list of properties where all boats are prohibited. Boats were restricted from Robinson Creek Pond use due to its popularity as a designated swimming beach. Due to years of declining use, the beach was undesignated for swimming in 2010. The pond represents a good location for beginning kayakers and canoeists.

SECTIO N 21 amends the description of one of the state forest vehicle admission fee areas within the Black River state forest from East Fork horse campgrounds to East Fork group camp to reflect the change in use of that site.

SECTION 22 amends two state forest vehicle admission areas within the Northern Highland state forest to eliminate fee collection at the beach and picnic areas at Clear Lake and Sandy Beach campgrounds. This change will reduce administrative costs and will not result in a change to administrative or management practices .

SECTION 23 adds four areas to the list where vehicle admission stickers are required:

Dells of the Wisconsin River state natural area – Cambrian Overlook. This is being proposed as a vehicle admission sticker location because it is a heavily used, park-like setting requiring regular maintenance and staffing.

Straight Lake state park, Menominee River state park and recreation area. These are new properties administered by the state park program and are being added consistent with other state park and recreation area properties.

The Glacial Drumlin state trail – Sandhill Station. This property’s designation was changed from a wildlife area to a state park property and consistent with other state park properties is requiring a vehicle admission sticker.

SECTION 24 adjusts the fees for certain enclosed shelters to better reflect market conditions and the level of amenities. The fee for the enclosed shelters on the northern state forests is reduced from $70 to $40 for non-electric and from $80 to $45 for electric. The shelters are currently underutilized.

This section also increases the rate for the use of a dump station by non-registered campers from $3.00 to $10.00.

SECTION 25 states that the department may collect a base fee and receive compensati on for anticipated costs of a special event and identifies criteria that may be used to assess fees.

SECTION 26 repeals two prohibitions on the consumption or possession of alcohol. Big Foot Beach state park is one of the few parks where this prohibition exists.  It is no longer necessary for governing the conduct of visitors at this park. Due to a recent statutory change, alcohol is now permitted on the golf course and clubhouse at Peninsula state park.

SECTION 27 updates a provision related to the operation of powered ice augers at Straight Lake state park to reference combustion engine powered rather than gas powered ice augers. This addresses the use of propane augers which are becoming more popular. The prohibition on power augers is contained within the property’s master plan.

SECTION 28 repeals the rules for the shooting range at Yellowstone Lake wildlife area. These rules are no longer needed because of the general shooting range rules included in this administrative rule package.

SECTION 29 amends the property specific language for Flambeau River state forest for to improve clarity needed for the additional requirement added in SECTION 31.

SECTION 30 adds a provision requiring that unopened or empty beverage container s and litter be secured in a conta iner fastened to watercraft that is launched or removed from designated launching sites on the Flambeau River state forest. This is similar to provisions on the Brule River within the Brule River state forest.

SECTION 3 1 repeals shooting range rules specific to the McMiller Sports Center in the southern unit Kettle Moraine state forest as this rule package contains general rule provisions for all shooting ranges on department owned or managed properties. This section also repeals the provision related to limitations on hunting and discharge of firearms on the Tuscobia state recreation trail due to Act 168 which expands hunting authority within state park and trail properties.

SECTION 32 creates the ability to close areas within Kohler Andre state park in Sheboygan County to swimming and scuba diving. This rule is needed to ensure visitor safety and prevent disturbance to park visitors who want to fish in the urban fishing pond.

SECTION 33 prohibits swimming and scuba diving in Quarry Lake and Puckett’s Pond within Harrington Beach state park. This rule is needed to prevent user conflicts on these small ponds and because the steep, rocky conditions are not conducive for safe entrance and egress to the water .

This section also states that jumping or diving into the waterway contrary to posted notice along the Red Cedar trail is prohibited. Codifying this allows for enforcement authority and will help to deter this unsafe activity.

SECTION 34 updates the language regarding the state trail system to be consistent the state statute regarding who the state trail system serves. The language eliminates the perception that use of trails on department lands is limited to equine, bikes, cross-country skis and hikers.

SECTION 35 creates a definition for water trails. This provides structure and authority for the new state water trail program approved by the Natural Resources Board.

SECTION 36 is consolidating the list of state trails to include ice age trail. The ice age trail was listed separately in s. 51.73(2) , Stats.

SECTION 37 codifies the Lake Michigan Water Trail, the first designated state water trail, as part of the state trail system.

6. Summary of, and comparison with, existing or proposed federal statutes and regulation s : There are no corresponding federal regulations governing the public’s use of Department of Natural Resource properties.

DNR is a public entity subject to Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq. and federal rules promulgated thereunder, 28 CFR Part 35 . Federal rules ( 28 CFR § 35.137 ) require that public entities make reasonable modifications to policies, practices, or procedures to permit the use of power-driven mobility devices by individuals with disabilities.

The restrictions on the number of days that camping is permitted on state-owned islands on the Mississippi River and a requirement that the campsites must be occupied daily and camping property may not be left unattended for over 24 hours were written to be consistent with the nearby island camping regulations on the Upper Mississippi National Fish and Wildlife Refuge.

Water trails are defined at the federal level as “recreational routes on waterways with a network of public access points supported by broad-based community partnerships. Water trails provide both conservation and recreational opportunities”. The definition proposed in this rule is intended to be a more concise version, consistent with the federal definition and intent. The national water trails system was established in 2012 via a Secretarial Order 3319 under the National Trail System Act, 16 USC 1241-51 .

The National Park Service has a very similar special event permitting system including superintendent review, charges a fee and has an established process in place .

7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota) :

Water trails. Minnesota has specific legislation for their water routes program, which was e nacted in 1963 ( s. 85.32 , MN Stats. ). Maps show 4,529 miles of state water trails. Iowa’s state water trail system has 923 miles of designated state water trails and another 1,219 miles of potential study areas (potential state water trails). Minnesota has just begun forming a state water trails program and will be introducing authorizing legislation.

Shelter rental costs vary from state to state. Most shelter in Illinois rent f or $25. T hey tend to be open sided shelters but often are electrified. Michigan generally has four tiers of shelter pr ices - $35, $50, $75, and $100 related to the level of amenities . Minnesota shelter prices vary from $25 - $45. 

Special event permits are required for the state p arks in all surrounding states. Michigan has a $50 registration fee for a special use permit, with additional charges for events based on at least five different scoring criteria, including number of participants. Iowa is considering a dding a nonrefundable administrative fee of $25 for all special event permit applications submitted, with additional charges based on type of event (there are 11 categories of state park/recreation area event applications). The administration fee will help to offset the cost of administering the online system and time spent reviewing and processing all applications. Ad ministrative rules in Minnesota a uthorize the department to establish and charge fees for special events and commercial uses of state parks and forest lands. Fees are set to recoup the costs of developing, operating, and maintaining facilities necessary for the specified uses, or to prevent or mitigate resource impacts of those uses.

Illinois p assed legislation in 2012 to regulate both electric and gas-powered bicycles similarly to and as a subset of non - motorized bicycles (previously treated similarly to other motor vehicles (e.g. cars)). This allows ILDNR & local units of government to restrict use and limits motors to less than 2 horsepower . Iowa p assed legislation in 2006 to change the definition of bicycle to include a bicycle that has an electric motor of less than 1 horsepower (750 watts) and a max imum speed of 20 miles per hour. In M ichigan m otorized bicycles are included in the definition of a moped, unless it has a gearshift, more than 100cc engine displacement, or a top speed of more than 30 miles per hour, in which case they must be regist ered as a motorcycle. Minnesota p assed legislation in 2012 whereby electric-assist bicycles are classified as a subset of bicycles and must meet certain vehicle safety standards and not have a motor exceeding 1,000 watts and a maximum speed of not more than 20 miles per hour. This legislation allows MNDNR & local units of government to restrict use.

8. Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen :

Proposals were based on recommendations from department staff to improve public use managemen t, protect public safety and natural resources, implement certain fee authorities and clarify rule language. This rule revision did not necessitate the development of specific analytical methodologies.

9. Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report: No regulatory requirement s on small business or the general public are being proposed. No comments were received during the economic impact solicitation period. For sections related to fees, department staff were asked to submit information based on usage trends and pertinent data when available. This information was utilized to develop a final draft economic impact report.

1 0 . Effect on small business (initial regulatory flexibility analysis ) : These rules are applicable to users of department property and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24(3m) Stats.

11 . Agency contact person: Kathryn Fitzgerald [e-mail] [phone]

12 . Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings , by regular mail, fax or email to:

Kathryn Fitzgerald

Department of Natural Resources

Bureau of Facilities and Lands

PO Box 7921

Madison WI 53707

Fax: [phone]

Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet Website (registration required) at http://adminrules.wisconsin.gov .

Hearing dates and the comment submission deadline are to be determined.

Section 1. NR 45.03 (3) and (16v) are amended to read:

NR 45.03 (3) “Bicycle” means every device propelled by the feet acting upon pedals and having one or more wheels has the meaning given in s. 340.01 (5) , Stats .

(16v) “Physically disabled person” means a person who has been issued a disabled registration plate or special identification card by the department of transportation for a disability that will last greater than one year or who has been issued an approval under s. 29.193 , Stats., for a disability that will last greater than one year by reason of a physical impairment is a “qualified individual with a disability” as defined in 28 C.F.R. 35.104 .

Section 2. NR 45.03 (18x), (21d) , and (25m) are created to read:

NR 45.03 (18x) “Established Shooting Range” means an existing facility that has target shooting with firearms, bows , or crossbows as its major purpose.

(21d) “Special event” means a temporary use of department property that includes an activity that is otherwise not authorized under this chapter or involves one or more of the following circumstances:

(a) Requires exclusive use or closure of all or part of public facilities or areas within a property or effectively restricts or limits use of a property by non-participants .

(b) Placement of temporary structures or event apparatus .

(c) Sale or offering of beverages, food, or merchandise .

(d) Requires non-routine services of any department employee .

(e) Will take place during hours beyond normal property open hours .

(f) Requires use of equipment or facilities not otherwise authorized for public use .

(g) Requires event participation fees .

(25m) “Water trail” means a recreational route defined on a waterway with a network of public access points.

Section 3 . NR 45.04 (1) (b) is amended to read:

NR 45.04 (1) (b) The department may close, by posted notice, any land, structure , or property owned or administered by the state of Wisconsin and under the management, supervision , and control of the department. C losure shall be for one or more activities to protect the public health, safety and welfare or for protection of the natural resources as determined by the Secretary . No person may enter or be in any building installation or area that may be locked or closed to public use or contrary posted notice without a written permit from the property superintendent.

Section 4 . NR 45.04 (3) (v) is amended to read:

NR 45.04 (3) (v) Campfires. On state properties where legally authorized campfires may be built, dead and down wood may be gathered from upland areas of the property for campfire use on the property without the need for a forest product permit . Driftwood or other dead and down wood located below the ordinary high watermark of the Willow, Turtle Flambeau, Rainbow, and the Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.

Section 5 . NR 45.04 (4) is created to read:

NR 45.04 (4) Special Events. (a) No person or organization may advertise, promote or hold a special event without written approval from the department.

(b) At least 9 0 days prior to holding a special event, a person or organization seeking to hold a special event shall submit to the department all of the following:

1. An application describing the special event on forms provided by the department;

2. Proof of adequate insurance as determined by the department, with the policy naming the department as additional insured;

3. A fee as determined by the department under s. NR 45.12 (4) (L) .

(c) The department may waive the requirements of subs. (a) or (b) if the special event is authorized in an existing agreement with the department or if the special event will not result in any of the following:

1. Public safety risks;

2. Negative impacts to a unique plant or animal community or geological or cultural features.

3. Costs to the department or additional department staff resources costs incurred as a result of the event

4. Negative impact to use and enjoyment of the property by others

(d) The department may issue written authorization for a special event with conditions as it deems necessary to ensure the protection and orderly management of the property.

(e) The department may modify or terminate written authorization for any special event at any time if necessary to ensure public safety, protection of state facilities, or protection of natural resources.

(f) In addition to the fee in s. NR 45.12 (4) (L) , t he department may require the person or organization holding a special event to compensate the department or restore damages to natural resources or department property caused by the special event.  

(g) No person may participate in a special event that is not authorized under this section.

Section 6 . NR 45.045 (1) and (2) (c) (intro.) are amended to read:

NR 45.045 (1) In this section, “firewood” includes limbs, branches, roots, unprocessed logs, lumber, slabs with bark, cut firewood and chips , intended for use on any property .

(2) (c) (intro.) An area, outside of the property on which firewood will be used, where firewood is identified as a carrier of invasive terrestrial invertebrates and plant-disease causing microorganisms, including any of the following:

SECTION 7 . NR 45.046 and (Note) are created to read:

NR 45.046 FIREWOOD COLLECTION FOR PERSONAL USE AT HOME . (1) No person may cut or gather firewood as defined in NR 45.045 from any property for use off property unless the person has a valid forest products permit issued by the department author izing the cutting or gathering.

(2) The department may in its discretion impose reasonable conditions on any forest products permit it issues, and may limit or deny forest products permits if necessary to protect resources or avoid conflict with property management objectives as determined by the department.

(3) The department may revoke a forest products permit issued under this section for a violation of any condition of the permit, or for otherwise cutting or gathering without authorization, a s determined by the department. Revocations under this subsection shall be for a period not to exceed one year from the date on which the department notifies the authorized person of the revocation, and shall be vali d on all department properties. No person shall apply for a forest products permit for any property duri ng a period of revocation.

(4) Firewood collected or gathered under a forest products permit shall be for personal use only, and may not be sold or otherwise e xchanged for anything of value.

(5) The department may not give consent to cut, remove, or transport firewood as defined in NR 45.045 from department lands except for personal use consistent with this section and as authorized un der a forest products permit.

Note: Under s. 26.05 , Stats., no person may cut, remove, or transport raw forest products or direct the cutting, removal, or transportation of raw forest products without the consent of the owner.

Section 8 . NR 45.05 (3) (d) is renumbered NR 45.05 (3) (d) 1. and amended to read:

NR 45.05 (3) (d) Persons with physical disabilities. 1. The department may authorize by permit persons with physical disabilities that affect the person’s mobility to use a motorized vehicle as a mode of personal conveyance. The department shall accept proof of disability as required by 28 C.F.R. 35.137 (c)(2). Up to 2 additional people may occupy the device for the sole pur pose of assisting the permittee .

Section 9 . NR 45.05 (3) (d) 2. and 3 . are created to read:

NR 45.05 (3) (d) 2 . The department may include reasonable permit conditions to protect safety and resources. No person may violate a condition of a permit issued under this paragraph .

3 . No person issued a permit under this paragraph may use the permitted device to transport game or equipment of another person , or transport another person other than as allowed under subd. 1. No person other than the permittee may use the permitted device to transport game or equipment, or occupy the device for any purpose other than as allowed under subd. 1.

Section 1 0 . NR 45.05 (3) (em) including Note is created to read:

NR 45.05 (3) (em) Motor b icycles 1. A motor bicycle as defined in s. 340.01 (30) , Stats. , may be operated on trails otherwise open to bicycles under any of the following conditions:

a. Without the motor engaged, running or otherwise in operation.

b. At speeds of less than 15 miles per hour with the use of an electric motor.

2. The department may prohibit operation of motor bicycles on specific trails or sections of trails by posted notice. No person may operate a motor bicycle on a trail open to bicycles and posted closed to motor bicycles.

Note: Any motor bicycle capable of speeds greater than 30 miles per hour is a motorcycle per s. 340.01 (32) , Stats. and may only be operated by the public off of public roads where authorized and under the conditions of s. NR 45.05 (5) .

Section 1 1 . NR 45.05 (3) (f), (g) and (h) ( i ntro.) are amended to read:

NR 45.05 (3) (f) Bicycle trails . Bicyclists and operators of motor bicycles shall stop at any stop signs which are located on designated bicycle trails.

(g) Prohibition. No person may ride a bicycle or motor bicycle in a careless, negligent , or reckless manner so as to endanger the life, property or persons of others on any lands under the management, supervision and control of the department.

(h) All-terrain vehicle routes . (intro.) The department may establish all-terrain vehicle routes on northern state forests d epartment lands over state forest d epartment roads, under s. 23.33 (4) (b) , Stats., that are:

Section 12 . NR 45.09 (1) is amended to read:

NR 45.09 (1) No person may take, catch, kill, hunt, trap , or pursue any wild animal or bird, or discharge any firearm, or have in possession or under control any firearm or air gun as defined in s. 939.22 , Stats., unless it is unloaded and enclosed in a carrying case, or any bow, crossbow, slingshot , or spring-load device designed for shooting a projectile unless the same is unstrung or enclosed in a carrying case while in any state park, fish hatchery, or within 100 yards of any state campground, designated campsite, picnic area , or other special use area designated by the department by posted notice , except if authorized by the department by means of a special use permit . No person may discharge a firearm, bow, crossbow, or airgun from, on, or across any state trail corridor or other state park area which is not open to hunting .

Section 1 3 . NR 45 .09 (4) (d) is created to read:

NR 45.09 (4) (d) The u se of a firearm for the purposes of killing an animal lawfully trapped in a state park.

Section 1 4 . NR 45.09 (5) (b) is amended to read:

NR 45.09 (5) (b) At target shooting ranges designated by the department.

Section 1 5 . NR 45.09 5 is created to read:

NR 45.095 Shooting ranges. This section does not apply to training activities conducted by a law enforcement agency. Violation of any shooting range rule in this section is cause for eviction from the shooting range pursuant to s. NR 45.04 (3) (b) . Shooting range rules are as follows:

(1) General range rules . No person shall fail to comply with the following restrictions at any established range shooting range:

(a) The possession or consumption of malt, fermented or alcoholic beverages is prohibited within the area maintained as the shooting range.

(b) No incendiary, exploding, glass or other breakable materials may be used as targets; all targets shall be picked up and properly disposed of, except for clay targets used on an established shotgun trap shooting range.

(c) Targets shall be placed on designated target line and shall be affixed to target stands if provided.

(d) Shooting at items placed on the ground or at targets not posted at the designated height is prohibited

(e) Shoot only from designated shooting stations.

(f) Shooting, or attempting to shoot structures or facilities that are not designated targets, or within designated firing lanes is prohibited.

(g) Cross firing from one shooting lane to a target on another shooting lane is prohibited

(h) Use of tracer rounds is prohibited.

(i) Firearms and cocked crossbows shall be pointed down range while at designated firing lines.

(j) Firearms shall be unloaded and their actions open except while on the firing line.

(k) Crossbows shall be de-cocked and unloaded except while on the firing line.

(L) Leaving any loaded firearm or cocked crossbow unattended at any time is prohibited.

(n) All spent shell casings and cartridges, live ammunition, targets, arrows, bolts and materials brought onto the range shall be collected and disposed of properly off the range.

(o) No person may discharge a firearm, bow or crossbow on the range while any part of a person is down range of the firing line.

(p) A cease fire may be called for by the range officer at any time. A cease fire may be called for by any person if an unsafe or illegal condition exists.

(q) Firearms, air guns, bows or crossbows deemed unsafe by the range officer are not permitted on the range.

(r) Burning of materials or refuse is prohibited at the shooting range.

(s) Use of shot size BB or smaller is not permitted on a 25 yard range.

(t) Shooting at archery targets with a firearm or airgun is prohibited.

(u) Firearms or air guns that discharge paint are prohibited.

(v) Fully automatic firearms are prohibited on the range.

(w) No person may engage in careless or reckless behavior that may endanger the safety of themselves, other persons, or any property.

(x) No person under 18 years of age shall be present on areas of the shooting range where sighting of firearms is allowed unless accompanied by an adult, or the person is at least 14 years of age and in possession of a valid certificate of accomplishment issued under s. 29.591 , Stats., which authorizes the holder to purchase a hunting license which allows hunting with a firearm.

(y) Shooting hours shall be dawn to dusk unless posted otherwise.

(2) Property specific range rules . In addition to the restrictions specified under par. (a), no person shall fail to comply with the following range specific restrictions at the Kettle Moraine state forest, Southern Unit:

(a) Only rim fire ammunition shall be permitted on the plinking range.

(b) Firearms may only be loaded with a single round of ammunition on all ranges except for the pistol range.

(c) The possession or consumption of malt, fermented or alcoholic beverages is prohibited within the center during the hours the shooting range is open to the public. hese hours are posted at the center.

(d) No person may be admitted inside the fenced area of the firing line on any range, except the shotgun trap range, without payment of the appropriate fee. On the shotgun trap range one puller per trap who does not shoot may be allowed in free.

Section 16 . NR 45.10 (1) (n) is amended to read:

NR 45.10 (1) (n) Camping is restricted to one day only at designated watercraft campsites in northern state forests and in properties described in sub. (1) (a) 5. and 6. , up to 3 days as posted on state-owned islands outside state forest boundaries, to 3 days on state-owned islands and s andbars in the Lower Wisconsin state riverway and state−owned sandbars on the Lower Chippewa River and to 10 days at designated campsites on the northern flowage properties and to 14 days on state-owned islands in the Mississippi River . Camping at these locations is restricted to persons and their equipment arriving by watercraft only. Campsites on state-owned island in the Mississippi River shall be occupied daily and associated camping equipment or other property may not be left unattended for over 24 hours.

Section 17 . NR 45.10 (1)(r) is created to read:

NR 45.10 (1) (r) Any camping reservation transaction made 11 months prior to arrival may not be altered in any way for a minimum of 18 days from the original transaction date.

Section 1 8 . NR 45.10 ( 5 ) is created to read:

NR 45.10 ( 5 ) EQUESTRIAN CAMPGROUNDS . Registered campers shall be accompanied by an equine or part of a camping party that is accompanied by an equine and intend to use equestrian-related amenities at a campground. A campsite may be registered by a camping party not accompanied by an equine if that camping party is camping with another camping party with equine which are being used by both camping parties. The property manager has the authority to allow any registered campers to stay in the equestrian campground if there is no other family camping available.

Section 19 . NR 45.11 (4) (zc) is created to read:

NR 45.11 (4) (zc) Puckett’s Pond, Harrington Beach State Park, Section 24, T12N, R22E, NE ¼, SW ¼, Town of Belgium, Ozaukee County.

Section 20 . NR 45.11 (7) (j) is repealed.

Section 21 . NR 45.12 (1) (b) 1 . f . is amended to read:

NR 45.12 (1) (b) 1 . f . East Fork horse campgrounds group camp

Section 22 . NR 45.12 (1) (b) 7. d. is amended to read:

NR 45.12 (1) (b) 7. d. Clear Lake campground , beach and picnic area

m. Sandy Beach Lake campground , beach and picnic area

Section 23 . NR 45.12 (1) (d) 55. to 58 . is c reated to read:

NR 45.12 (1) (d) 55. Dells of the Wisconsin River state natural Area – Cambrian Overlook

56. Straight Lake state park

57. Menominee River state park and recreation area

58. Glacial Drumlin state trail – Sandhill Station

Section 24 . NR 45.12 (4) (g) 2.a and b. and (i) are amended to read:

NR 45.12 (4) (g) 2 . a.. Enclosed shelters ....... $70.00 per group per day , except on Northern State Forests the fee is ....... $40.00 per group per day .

b. Enclosed shelter with electricity and seating capacity less than 50 ....... $80.00 per group per day , except on Northern State Forests the fee is ....... $45.00 per group per day.

(i) Use of dump station for non-registered ca m pers $ 3.00 10.00 , in addition to park sticker.

Section 25 . NR 45.12 (4) ( L ) is created to read:

NR 45.12 (4) ( L ) The department may determine and charge a fee for special events that includes a base fee plus the actual costs to the department that are antici pated as a result of the event. In determining the base fee and costs, the department may consider impacts including but not limited to all of the following:

1. The number of participants or spectators anticipated for the special event .

2. Additional department staff time required as a result of the special event .

3. Additional maintenance of the property required as a result of the special event .

4. Additional services provided by the department.

Section 26 . NR 45.13 (3) and (10) (c) are repealed.

Section 27 . NR 45.13 (11m) (b) is amended to read:

NR 45.13 (11m) (b) No person may operate a gasoline powered an ice auger powered by a combustion engine .

Section 28 . NR 45.13 (13m) is repealed.

Section 29 . NR 45.13 (14m) is renumbered NR 45.13 (14m) (a) (intro) and amended to read :

NR 45.13 (14m) FLAMBEAU RIVER STATE FOREST. (a) (intro.) No person may possess glass bottles within the Flambeau River state forest boundary at Little Falls-Slough Gundy scenic area or within watercraft launched or removed from designated launching sites on the Flambeau river in the following locations:

Section 30 . NR 45.13 (14m) (a) 1. and 2. and (b) are created to read:

NR 45.13 (14m) (a) 1. A t Little Falls – Slough Gundy scenic area .

2. W ithin watercraft launched or removed from designated launching sites on the Flambeau river.

(b) Within watercraft launched or removed from designated launching sites on the Flambeau River, u nopened or empty beverage containers and litter shall be secured in a larger container tha t is fastened to the watercraft.

Section 31 . NR 45.13 (16) and (24) are repealed.

Section 32 . NR 45.13 (28) is created to read:

NR 45.13 (28) Kohler-Andre State Park, Sheboygan County . No person may swim or scuba dive within the area delineated by posted notice.

Section 3 3 . NR 45.13 (29) and (30) are created to read:

NR 45.13 (29) Harrington Beach State Park, Ozaukee County. Swimming and scuba diving in any areas may be prohibit ed by posted notice. No person may swim or scuba dive within the area delineated by posted notice.

(30) RED CEDAR STATE TRAIL. No person may jump or dive into waterways contrary to posted notice along the Red Cedar state trail.

Section 34 . NR 51.70 (1) (intro.) is amended to read:

NR 51.70 (1) (intro.) The purpose of this subchapter is to encourage and provide for the establishment of a balanced system of state trails , . for use by equestrians, bicyclists, cross-country skiers or hikers as provided in s. 23.175 , Stats Increasing demand for trail-based recreation, and promoting the preservation of public access to, travel within, and enjoyment and appreciation of the outdoor resources, will be provided by establishing state trails which are:

Section 35 . NR 51.70 (3) is created to read:

NR 51.70 (3) Water trails have the meaning given in s. NR 45.03 (25m) and may be designated as part of the state trail system per s. 23.175 (2) (a) , Stats. The purpose of state water trails is to provide information, education, and access, and to promote recreational opportunities.

Section 36 . NR 51.73 (1) is amended to read:

NR 51.73 (1) The 400, Ahnapee, Badger, Bearskin, Buffalo River, Capital City, Cattail, Chippewa River, Devil’s River, Eisenbahn, Elroy−Sparta, Fox River, Friendship, Gandy Dancer, Glacial Drumlin, Great River, Green Circle, Hank Aaron, Hillsboro, Ice Age Trail, La Crosse River, Mascoutin Valley, Military Ridge, Mountain−Bay, Newton Blackmour, Nicolet, North Country, Oconto River, Old Abe, Pecatonica, Red Cedar, Saunders, Stower Seven Lakes, Sugar River, Tomorrow River, Tuscobia, White River, Wild Goose, Wild Rivers, Wiouwash, and Wolf River, trails are designated as state trails, and others as designated by the department.

Section 37 . NR 51.73 (2) is repealed and recreated to read:

NR 51.73 (2) The Lake Michigan State Water Trail is a designated state water trail.

Section 38 . Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.) , Stats.

Section 38 . Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on _______________________.