Order of the State of Wisconsin Natural Resources Board Repealing, Renumbering, Renumbering and Amending, Amending, Repealing and Recreating, and Creating Rules
The statement of scope for this rule, SS
051-15
, was approved by the Governor on May 21, 2015, published in
Register No. 714A1
on June 1, 2015 and approved by the Natural Resources Board on
June 24, 2015
. This permanent rule was approved by the Governor on ___________________.
The Wisconsin Natural Resources Board adopts an order to repeal NR 45.09 (6), (10) and (11), 45.11 (7) (j), 45.13 (3) and (10) (c), 45.13 (13m), 45.13 (16) and (24); to renumber and amend NR 45.05 (3) (d), and 45.13 (14m); to amend NR 45.03 (3) and (16v), 45.04 (1) (b) and (3) (v), 45.045 (1) and (2) (c) (intro.), 45.05 (3) (f), (g) and (h) (intro.), 45.09 (1), 45.09 (5) (intro.), (a) and (b), 45.10 (l) (n), 45.12 (1) (b) 1. f., 45.12 (1) (b) 1. f., 7.d. and m., 45.12 (4) (g) 2. a., b., and (
i
), 45.13 (11m) (b), (18) and 21, 51.70 (1) (intro.) and 51.73 (1); to repeal and recreate NR 45.12 (4) (a) 1. to 3., 51.73 (2); and to create NR 45.03 (18x), (21d) and (25m), 45.04 (4), 45.046 and (Note), 45.05 (3) (d) 2., 3., (
em
) and (Note), 45.09 (4) (d), 45.09 (5) (f) and (Note), 45.095, 45.10 (1) (r) and (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) to (30) and 51.70 (3) relating to public use of department properties and implementation and administration of the stewardship grant program.
LF-02-15
Modified
rule
Analysis
Prepared by the Department of Natural Resources
Statute
s
interpreted
:
The
department
ha
s specific grants of
authority
to promulgate rules necessary for management of properties under its control
in chs.
23
and
27
, St
ats.
The department is directed under 23.09 (2) to promulgate rules necessary for protection, development, and use of forests, fish and game, lakes, streams and other resources. Authority related to state recreation areas is established in s.
23.091
. General powers related to the care, protection and supervision of lands such as state parks, fish hatcheries, sta
t
e forests and other lands owned by the state are established under
23.11
(1). The department’s responsibilities for the stewardship of state natural areas are established under
23.28
(3)
.
Authority for rules related to all-terrain vehicles and utility terrain vehicles is established under
23.33
(4)
(b)
. Promulgating rules related to the conduct of visitors at state parks is authorized under
27.01
(2)
(j). Specific rule authority related to state campgrounds, including fee authority and reservations, is established under
27.01
(10)
(b), (f),
(h)
and
(11)
(b),
Wis. Stats
.
The rule making process is established in Ch.
227
Stats.
Statutory authority:
The department
has
specific grants of rule-making authority in C
hs.
23
and
27
, St
ats., 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
. The rule making process is established in Ch.
227
Stats.
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.
Related statute or rule:
These rule updates will make Ch.
NR 45
consistent with
2011 ACT 35 which allows
the concealed carry of firearms.
Under the ACT, a person with a concealed carry license may possess a handgun which is loaded and uncased (concealed or unconcealed), and a qualified former law enforcement officer may possess the type of firearm they qualified with and which is indicated on their certification card, loaded and uncased (concealed or unconcealed) in a Wisconsin state park or state fish hatchery.
These rule
updates will make Ch.
NR 45
consistent with
2011 ACT 51 which generally established that
rifles, shotguns and
muzzleloaders
no longer have to be in a case in order to
be
place
d
in or on a
vehicle
or to
be
transport
ed
unloaded in or on a vehicle.
These rules make a remedial revision so that Ch.
NR 45
continues to be consistent with statute now that hunting and trapping are activities that are generally allowed in state parks with enactment of 2011 ACT 168.
Plain language analysis:
The department has modified this rule since holding its initial hearing on February 1, 2016. Since that time, provisions establishing regulations for shooting ranges have been amended. Language has been added that repeals current prohibitions on the possession of firearms in certain areas and firearms would no longer need to be enclosed in carrying cases, for consistency with state law. Finally, a provision has been added which increases by $1.00 the fee to use the newly renovated pool facilities at Blue Mounds State Park in Dane and Iowa counties.
Chapter
NR 45
is the principal rule governing the conduct of visitors t
o 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
.
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 “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
/or
protection of resources. The only option under current rules is to close areas for all public use
, and this
may restrict use more than
is
necessary. The rule establishes flexibility to restrict access for one or more activities in order to preserve opportunities which are not a safety hazard or
in
conflict with management goals. The proposal codifies that the closures are to be authorized by the department secretary or designee.
This section also clarifies that wood collection for legally authorized campfires does not require a forest product permit and adds the Rainbow
F
lowage 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
4 creates a mechanism to authorize and regulate “special events”.
This will help en
sure that these events do not have significant adverse
impacts to public safety, other authorized uses of the property, and
/or
natural resources. Property management staff
have experienced an increase in requests for special events on Department properties in the past several years.
Section
5 amends the regulations on the possession of firewood by eliminating the reference to where the firewood is intended to be used. This
amendment
provide
s
clarity for enforcement of this provision
aimed at
slow
ing
the spread of invasive species. For clarity,
“
lumber
”
is removed from the definition of firewood because NR 45.045 (3) already specifies that dimensional lumber that is debarked, kiln dried and smoothed is exempt from the requirements regarding firewood possession.
Section
6 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.
Section
7
clarifies
that permit authorization for use of a motorized vehicle is
restricted to
individuals with a disability that impairs mobility. This section also specifies
the requirements
for proof of disability and provides that up to two additional people may accompany the permittee.
Section
8 codifies that the department may establish permit requirements for motorized vehicle use by an individual with a mobility disability. Permits conditions are established to protect public safety and property resources. Codifying the provision creates an enforcement mechanism if the permit conditions are violated.
This section also authorizes the use of motor bicycles on linear state trails open to bicycles provided that the motor is not engaged, or
is operating
at less than 15 MPH if the electric motor is engaged. It also includes requirements establishing when motor bicycles would be permitted on other trails, or sections of trails.
Section
9 establishes that the requirements that currently apply to bicycles on designated state trails also apply to motor bicycles. The rules require stoppi
ng at stop signs and prohibit
riding in a reckless manner that endangers life, property or people.
This section also clarifies the department’s authority to establish ATV routes on department roads as authorized in a property’s master plan. Under current rules
,
the department only has this authority on northern state forest lands. The revision eliminates the specific reference to northern state forests and generalizes the language to state that the department may establish ATV routes on department lands over department roads. It further reflects recent legislative direction in s.
23.116
to evaluate motorized access.
Sections
10 to 14 and 31 to 33
modernize language related to hunting in state parks to reflect that hunting is now generally allowed in parks under current rules and by statute. These sections eliminate prohibitions on the possession
of
and requirement to enclose in a carrying case firearms, air guns, bows and crossbows on certain property types and on department lands in certain counties. These prohibitions have not been enforced since enactment of laws allowing concealed carry of weapons and elimination of statutory statewide requirements to enclose firearms and bows in a carrying case. The discharge of firearms in certain areas remains illegal under these rules but an exception is created which enables the department to issue a special use permit to facilitate hunter education, civil war reenactments, interpretive programs, and similar events. Finally, these sections clarify that it is legal to use a firearm to kill an animal that has lawfully been trapped in a state park. Trapping has been allowed in state parks since
the
enactment of
2011 Act 168
.
Section
15 creates general rules for department shoo
ting ranges
.
Pre
sently most shooting ranges on d
epartment 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
requirement
s
that the campsites must be occupied daily and
that
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.
This section also 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
18 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
19 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.
Section
20 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 following plan amendments which have been adopted.
This section also 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. The
s
e
change
s
will reduce administrative costs and will not result in a change to administrative or management practices.
Section
21 requires vehicle admission stickers in four new areas. The Dells of the Wisconsin River state natural area – Cambrian Overlook 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 and Menominee River state park and recreation area 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’s property designation was changed from a wildlife area to a state park property and, consistent with other state park properties
, a
vehicle admission sticker
is required
.
Section
22
i
ncreases th
e fee
to use the swimming pool at Blue Mounds State Park in Dane
and Iowa counties
from $2 to $3 for adults and from $1 to $2 for children 2-12 years of age. The proposal creates a season pass
to the pool which would be $45 for adults and $30 for children.
Section
23
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
24
establishes that the department may collect a base fee and receive compensation for anticipated costs of a special event and identifies criteria that may be used to assess fees.
Section
25
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.
The prohibition
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
26
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
27
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.
Sections
28 and 29
require that unopened or empty beverage containers and litter be secured in a container 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
30
repeals shooting range rules which are 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.
Section
34
establishes 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.
This section
allows the department to prohibit 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.
Finally, this section establishes
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
35
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 depart
ment lands is limited to equine and
bike
rider
s, cross-country ski
er
s and hikers.
Section
36
creates a definition for water trails. This provides structure for the new state water trail program approved by the Natural Resources Board.
Section
37
consolidates the list of state trails so that it includes the
I
ce
Age trail. The Ice A
ge trail was listed separately in s.
51.73(2)
, Stats.
Section
38
codifies the Lake Michigan Water Trail, the first designated state water trail, as part of the state trail system.
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
requirement
s
that the campsites must be occupied daily and camping property m
ust
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
description that is
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 system for permitting special events at their properties and facilities which is very similar to Wisconsin’s and includes superintendent review, fee authority, and an established process for permit issuance.
Comparison with
similar
rules in adjacent states
(Illinois, Iowa, Michigan and Minnesota)
:
Minnesota has specific legislation
for
its
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
s
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
compensate for
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 passed 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 passed 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 maximum speed of 20 miles per hour. In
M
ichigan
a
m
otorized bicycle is
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
it
must be registered as a motorcycle. Minnesota passed 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.
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 authori
ties and clarify rule language.
These rules eliminate prohibitions on the possession and requirement to enclose in a carrying case firearms, air guns, bows and crossbows on certain property types and on department lands in certain counties. These prohibitions have not been enforced since enactment of laws allowing concealed carry of weapons and elimination of statutory statewide requirements to enclose firearms and bows in a carrying case.
The approach is to simply eliminate the historical prohibitions. This also eliminates the need for exceptions to the old prohibitions and that is why some language is simply repealed. Actually discharging firearms in these areas would continue to be prohibited in much the same way that municipal ordinances typically regulate firearms in certain places for safety related purposes.
The proposal creates general rules for department shooting ranges.
Presently most shooting ranges on Department lands have no codified rules, making enforcement difficult. The rules were modeled off rules at existing state ranges that have been established by lessees of the state. Rules at privately owned ranges were used as guidelines also. We worked with shooting clubs, range managers, and affiliate groups to generate enforceable and consistent rules.
A provision of this rule would increase the fee to use the swimming pool at Blue Mounds State Park in Dane and Iowa counties from $2 to $3 for adults and from $1 to $2 for children 2-12 years of age. The proposal creates a season pass to the pool which would be $45 for adults and $30 for children. The new fee will be slightly lower than the fee for other facilities in the area. The department made a significant investment and renovations to the facility in 2015.
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.
Effect on small business
(initial regulatory flexibility analysis)
:
These rules are applicable to users of department property
,
impose no compliance or reporting requirements for small businesses, and
contain
no design or operational standards. Because th
ese
rule
s do
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.
Place where comments are to be submitted and deadline for submission:
Written comments may be submitted
by
November 1,
2016
at a public hearing on the rule
,
by regular mail,
to:
Scott Loomans
,
Department of Natural Resources
,
PO Box 7921
,
Madison WI 53707
-7921
.
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
.
Note:
Under s.
340.01 (5)
, Stats., bicycle means every vehicle propelled by feet or hands acting upon pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter.
(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
.
Note:
The Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327,
42 U.S.C. 12101-12213
and
47 U.S.C. 225
and
611
) is interpreted by
28 C.F.R. 35.104
. Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
Section
2. NR 45.03 (18x), (21d)
,
and (25m) are created to read:
NR 45.03 (18x)
“
Shooting Range” means a
facility
designated by the department
that has target shooting with firearms, bows
,
or crossbows as its major purpose.
(21d)
“Special event” means a temporary use
of department property which
includes a
n activity that is otherwise prohibited
under this chapter or
which
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
the proposed
public use
.
(g) Requires event participation fees
.
(25m)
“Water trail” me
ans
a recreational
route on a waterway that has
a network of public access points.
Section 3
. NR 45.04 (1) (b)
and (3) (v) are
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.
Closure may include prohibiting access for one or more types of activities and shall be implemented for the purpose of protecting public health, safety and welfare, for protection of natural resources or property, or to carry out department management objectives 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
to
posted notice without a written permit from the property superintendent.
(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,
or
Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.
Section
4
. NR
45.04 (4) is created to read:
NR 45.04 (4)
Special Events.
(a) Except as provided in par. (c), n
o person or organi
zation may advertise, promote
or
hold a special event without written approval from the department.
(b)
To apply for written approval
,
a person or organization seeking to hold a special event shall submit to the department all of the following
at least 90 days prior to the event
:
1. An application describing the special event on f
orms provided by the department.
2. Proof of adequate insurance as determined by the department, with the policy naming the department a
s additional insured.
(c) The department may waive the
requirement to obtain written approval under par. (a)
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.
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 that
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
f
or
, or to completely
restore
, a natural resource
or department property
that is damaged as a result of a
special event.
(g) No person may participate in a special event that is not authorized under this section.
Section
5
.
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
6
.
NR 45.046
and (Note) are
created to read:
NR 45.046
FIREWOOD COLLECTION FOR PERSONAL USE AT HOME.
(1)
In this section, “firewood” includes limbs, branches, roots, unprocessed logs, slabs with bark, cut firewood and chips.
(2)
No person may cut,
gather, buy, sell, use, transfer, or possess firewood, from any property for use off
that
property unless the person
possesses
a valid forest products permit issued by the department authorizing the cutting or gathering. A person required to hold a forest products permit under this sub. shall display the permit upon demand for inspection by the department or its agents.
(3)
The department may impose reasonable conditions on any forest products permit it issues, and may limit or deny
a forest products permit
if necessary to protect resources or avoid conflict with property management objectives.
(4)
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. Revocations under this subsection shall apply statewide and be limited to a period not to exceed one year from the date on which the department notifies the authorized person of the revocation. No person may possess or apply for a forest products permit for any property during a period of revocation.
(5)
Firewood collected or gathered under a forest products permit shall be for personal use only, and may not be sold or otherwise exchanged for anything of value. Exc
eeding the scope of this permit
shall be considered a violation of s.
26.05
, Stats.
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
7
.
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
two
additional people may oc
cupy the d
evice if their primary purpose is to assist
the permittee
.
Section
8
.
NR 45.05 (3) (d) 2., (em) and (Note) 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
)
(em)
Motor bicycles
1. A motor bicycle as defined in s.
340.01 (30)
, Stats.
,
may be operated on trails
listed in s.
NR 51.73
(1)
and subject to this chapter that are
otherwise open to bicycles under any of the following conditions:
a. When e
quipped with an electric motor:
at speeds of less than 15 miles per hour
while
the motor
is
engaged.
b
. When equ
ipped with a non-electric motor:
without the motor engaged, running or otherwise in operation.
2.
The department may
allow
operation of motor bicycles on specific trails or sections of trails
not listed in s.
NR 51.73(1)
that are
all of the following
:
a
.
Open to
nonmotorized
bicycle use
.
b.
Specified in a departm
ent master plan under ch.
NR 44
.
c. Posted as open for such use.
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
9
.
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
.
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
10
.
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, picnic area
,
or other
special use
area
not open to hunting or trapping.
designated by the department by posted notice.
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
.
Note:
State park hunting and trapping closures authorized under s.
29.089
, Stats. are established on property maps that may be obtained on the DNR website (dnr.wi.gov) keyword "hunting state parks". Additional closures of designated use areas may also be established by posted notice. Hunting and trapping closures may be limited to certain species and seasons. See also s.
NR 10.275
.
Section
1
1
.
NR 45.09 (4) (d) is created to read:
NR 45.09 (4)
(d) The use of a firearm for the purposes of killing an animal lawfully trapped in a state park.
Section
12
. NR 45.09 (5)
(intro.) and (a) and (b) are
amended to read:
NR 45.09
(5)
No person may
possess
discharge
any
loaded or uncased
firearm or air gun while within the exterior boundary of state-owned lands posted with department signs in Dane, Dodge, Fond du Lac, Jefferson, Juneau, Kenosha, La Crosse, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sauk, Sheboygan, Walworth, Washington, Waukesha and Winnebago counties
,
or on state forest lands in the Kettle Moraine or Point Beach state forests,
fish hatcheries,
state parks,
state recreation areas, state natural areas
,
from or across
a
state campground, picnic area or other
special
use area designated by
the department
which is not open to hunting
,
or on state trails established on railroad grades, except as follows:
(a)
While engaged in hunting
or
dispatching a lawfully trapped animal
in
accordance
compliance
with
sub. (1) and
the open seasons established in
s.
NR 10.01
on the portions of properties where hunting is authorized
.
(b)
At
target
shooting
ranges designated by the department.
Section
13
. NR 45.09 (5) (f)
and (Note) are
created to read:
NR 45.09 (5)
(f) When authorized by the department upon issuance of a special use permit
.
Note:
State park hunting and trapping closures authorized under s.
29.089
, Stats. are established on property maps that may be obtained on the DNR website (dnr.wi.gov) keyword "hunting state parks". Additional closures of designated use areas may also be established by posted notice. Hunting and trapping closures may be limited to certain species and seasons. See also s.
NR 10.275
.
Section
1
4
. NR 45.09 (6), (10) and (11) are repealed.
Section 1
5
. NR 45.09
5
is
created to read:
NR 45.095 Shooting ranges.
(1)
GENERAL RANGE RULES
. No person at a shooting range may:
(a) Handle a weapon in a negligent or reckless manner.
(b) Discharge any weapon on the range while any part of a person is down range of the firing line.
(c) Point any weapon in use at the designated firing line in any direction other than down range.
(d) Fail to comply with a cease fire order called by the range officer or any other person
(e) Fail to make reasonable efforts to ensure all discharged projectiles impact the backstop.
(f) Leave any loaded weapon unattended at any time.
(g) Shoot at targets that are not placed in designated target area or affixed to target stands, if provided, unless the person is sighting or patterning a shotgun with size T or smaller shot.
(h) Shoot at items placed on the ground or at targets not posted at the designated height, unless the person is sighting or patterning a shotgun with size T or smaller shot.
(i) Unless otherwise posted at the range, shoot during the period beginning at sunset and ending at sunrise.
(j) Shoot, or attempt to shoot structures or objects that are not designated targets, or that are outside designated firing lanes.
(k) Shoot at archery targets with anything other than a bow or crossbow.
(l) Use any weapons or projectiles that discharge paint.
(m) Use incendiary, exploding, glass or other breakable materials as targets.
(n) Fail to properly dispose of targets other than clay targets used on an established shotgun shooting range.
(o) Fail to collect and properly remove or dispose of all spent shell casings and cartridges, live ammunition, targets, arrows, bolts and materials brought onto the range.
(p) While shooting at a shooting range, possess or consume an intoxicant or other restricted controlled substance.
(2)
In addition to being subject to the penalties set forth in s.
27.98
, Wis. Stats., a person who violates any provision in this section may be evicted from the shooting range pursuant to s.
NR 45.04 (3) (b)
.
(3)
This section does not apply to training activities conducted by a law enforcement agency.
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 sandbars 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
s
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)
and (5) are
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.
(
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
18
. NR 45.11
(4) (
zc
) is created to read:
NR 45.11 (4)
(
zc
)
Puckett’s Pond, Harrington Beach
state p
ark, Section 24, T12N, R22E, NE ¼, SW ¼, Town of Belgium, Ozaukee County.
Section
19
.
NR 45.11 (7) (j) is repealed.
Section
20
. NR 45.12 (1) (b) 1
.
f
.
, 7. d. and m. are
amended to read:
NR
45.12 (1)
(b) 1
.
f
.
East Fork
horse campgrounds
group camp
7. d.
Clear Lake campground
, beach and picnic area
m. Sandy Beach Lake campground
, beach and picnic area
Section
21
.
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
22
. NR 45.12 (4)
(a) 1. to 3. are repealed and recreated to read:
NR 45.12 (4)
(a)
1. Age 18 and older . . . . . $3.00 per day or $45 per year for a season pass.
2. Age 2 – 17 . . . . . $2.00 per day or $30 per year for a season pass.
3. Under age 2 . . . . No fee.
Section
23
.
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 f
orests 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 f
orests 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
24
.
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
25
. NR 45.13 (3) and (10) (c) are repealed.
Section
26
. 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
27
. NR 45.13 (13m) is repealed.
Section
28
.
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 29
.
NR 4
5.13 (14m) (a) 1. and 2.
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 launchin
g sites on the Flambeau
r
iver. U
nopened or empty beverage containers and litter
shall
be secured in a larger container that is fastened to the watercraft.
Section
30
.
NR 45.13 (16) is
repealed.
Section
3
1
. NR 45.13 (18) is amended to read:
NR 45.13 (
18)
Kettle moraine state forest,
lapham
peak.
No person may take, catch, kill, hunt, trap or pursue any wild animal, 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 within a carrying case,
or any bow, crossbow, slingshot or spring-loaded device designed for shooting a projectile
unless the same is unstrung or enclosed within a carrying case
while on any department lands designated by posted notice within the Lapham Peak Unit-Kettle Moraine state forest.
Section
3
2
. NR 45.13 (21) is amended to read:
NR 45.13
(21)
Kettle moraine state forest, northern unit.
No person may take, catch, kill, hunt, trap or pursue any wild animal, or discharge any firearm
or have in possession or under control any firearm
or air gun as defined in s.
939.22 (2)
,
Stats.,
unless it is unloaded and enclosed within a carrying case,
or any bow, crossbow, slingshot or
springloaded
device designed for shooting a projectile
unless the same is unstrung or enclosed within a carrying case
while on any department lands designated by posted notice in sections 13 and 24 east of Long Lake, and section 25 north of county highway F, T14N, R19E, town of Osceola, Fond du Lac county.
Section
33
. NR 45.13 (24) is repealed.
Section
34
. NR 45.13 (28)
to (30) are
created to read:
NR 45.13 (28)
Kohler-Andre State Park, Sheboygan County
. No person may swim or scuba dive within
any
area delineated by posted notice.
(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
35
. 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
36
. 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
37
.
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
38
.
NR 51.73 (2) is repealed and recreated to read:
NR 51.73 (2)
The Lake Michigan State Water T
rail is a designated state
trail.
Section
39
.
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
40
.
Board adoption.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board on _______________________.
