Section 45.04. General rules.

 

(1)   State property.

(a) No person may destroy, molest, deface, remove or attempt to remove any natural growth or natural or archaeological feature except as follows:

1. Edible fruits, edible nuts, wild mushrooms, wild asparagus, and watercress may be removed by hand without a permit for the purpose of personal consumption by the collector. Willow stems not larger than 2.5 inches in diameter, from species not listed under ch. NR 27 , may be collected for personal noncommercial use by the collector for purposes such as trap stakes, with the property manager's approval.

2. Herbaceous plant species that are listed as prohibited plant invasive species under s. NR 40.04 (2) (b) or listed as restricted plant invasive species under s. NR 40.05 (2) (b) may be removed without a permit issued under this chapter.

3. Rocks, minerals or fossil materials may be collected for noncommercial purposes, such as educational uses and personal collections, by hand or using a hand held rock hammer or similar device in accordance with the terms of a written permit issued by the manager of the property on which the collecting is done. A collector may not remove more than 5 pounds of rock, mineral or fossil material per day from any property with a maximum total of 50 pounds per year. The permit may further limit the allowable methods and amounts of material collected.

4. Notwithstanding subd. 3. , no person may collect rocks, minerals or fossil materials on state natural areas, state wild rivers, state parks, state trails, Havenwoods state forest preserve, state recreation areas, Point Beach and Kettle Moraine state forests, and any specific site which is designated as a noncollection site by the department.

(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. 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.

(c) Flying related activities, including but not limited to, hang gliding, parasailing, hot air ballooning, land sailing, flying model airplanes or sky diving on state parks, state recreation areas, state natural areas, Kettle Moraine and Point Beach state forests and Lower Wisconsin state riverway shall be restricted to areas posted for their use.

(d) In-line skates or roller blades are permitted on all public highways and paved trails under department management and supervision except where posted against such use.

(e) The department may, by posted notice, restrict climbing activities on any lands subject to this chapter. Notice of climbing restrictions shall be posted at the administrative office of the property and at the site where the climbing restrictions apply.

(f) No person may transplant, relocate, stock or release any plant or animal, domesticated or wild, without written permission from the department.

(2)   Closing hours.

(a) No person may enter or be within the boundaries of any state park, state recreation area, forest campground, picnic area, beach, headquarters site, amphitheater, ice age center, posted parking areas, Point Beach state forest and specifically designated areas within the Lower Wisconsin state riverway between the hours of 11:00 p.m. and the following 6:00 a.m. except:

1. Registered campers in or enroute to their designated campsites.

2. Hunters or trappers entering department lands during an open hunting or trapping season on the land, provided the entry is no earlier than one hour prior to the opening of hunting or trapping hours established in ch. NR 10 . If the department has not established hunting hours on the land, hunters may enter the land no earlier than one hour prior to sunrise.

4. Lakeshore state park . Lakeshore state park hours of operation are between 6.00 a.m. and 10:00 p.m., except for persons actively engaged in fishing, persons moving through the park on designated trails, or registered guests at the marina leaving or returning to their boats.

5. Users of state trails, except during hours of closure as posted by the department or by an entity operating a state trail under a written agreement with the department.

(b) Paragraph (a) does not apply to any person who for the sole purpose of fishing:

1. Enters any of the locations listed in par. (a) prior to 11:00 p.m., or

2. Enters any state park or state forest recreation area on the opening weekend of fishing season, or

3. Uses the boat launch facilities and boat launching parking lots in the northern state forests.

4. Enters any state park or state forest recreation area one hour before sunrise.

(c) The closing hours of this subsection do not apply to individuals with written authorization from the department or to those projects or parts of projects where the department has posted other opening and closing hours or where the department has waived these hours and established different hours for special events and programs. No person may enter or be within a department property contrary to closing hours established pursuant to this subsection.

(3)   Personal conduct.

(a) Disorderly conduct. No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, or conduct which tends to cause or provoke a disturbance or create a breach of the peace.

(b) Evictions. The department may expel any person or persons from the lands under the management, supervision and control of the department for violations of any state law, administrative rule or posted rules or regulations. The period of time for which a person may be expelled is 48 hours, or for the period of their camping permit, whichever is longer. The expelled person may not return to the property before the eviction period has elapsed or enter any other state park, forest, recreation area, or any other designated camping area for a period of 48 hours after eviction. Persons expelled are not eligible for refunds for unused camping fees or vehicle admission fees. People charged with violent, assaultive or disorderly behavior may be expelled until after the case is adjudicated in court.

(c) Observation towers. No person may possess or consume any food or beverage, including fermented malt beverage or intoxicating liquor, when on any observation tower.

(d) Refuse and recyclable materials.

1. No person may dispose of any debris, waste or recyclable material except by placing the material in receptacles provided for those purposes.

2. No person may dispose of any waste or recyclable materials in any waste or recyclable receptacles or at any location if the waste or recyclable material is generated from a permanent or seasonal residence or a business or other commercial operation.

(e) Noise. No person may operate any sound truck, loudspeaker, generator, chainsaw, air-conditioner or other device that produces excessive, loud or unusual noises without first obtaining a written permit from the department.

(f) Soliciting.

1. No person may solicit or collect funds or peddle or solicit business of any nature, post signs or distribute handbills or advertising matter unless first authorized by contractual agreement.

2. In addition to the requirements of subd. 1. , in the state parks, state recreation areas and southern forests, no person may engage in commercial filming or photography or provide services for a fee that involves the provider's physical presence in the state park, state recreation area or southern forest unless first authorized by contractual agreement or a department commercial use permit.

3. No person may use in any manner the dock, pier, wharf, boat landing or mooring facilities in, or on, the waters in or immediately adjacent to any lands under the management, supervision or control of the department for the purpose of soliciting rides of any kind, unless authorized by the department.

4. This paragraph does not apply to the provision of emergency repair service or tour buses originating outside of department lands.

(g) Destruction of property. No person may destroy, molest, possess without permission, attempt to remove or remove the property of others.

(i) Metal detectors. The use of metal detectors is prohibited except by written permit issued by the property superintendent.

(j) Ski trails. No person may hike or snowshoe on designated cross-country ski trails when the trails are snow covered.

(k) Quiet zones. The department may establish quiet zones by posted notice. Within quiet zones, no person may operate a radio, boombox, musical instrument, tape player or similar noise producing device, unless the noise is confined to the person through the use of a headset.

(L) Fireworks. No person may possess or discharge any fireworks regulated by s. 167.10 (1) , Stats.

(m) Structures.

1. In this paragraph, "personal property" includes stakes, markers, or any other object which is placed with the intent of marking the location of a trap site except when the season established in s. NR 10.01 for that species is open and a lawfully set trap is placed with the stake or marker.

2. Except as authorized by the department, no person may construct, place, occupy or use structures or store personal property on lands subject to this chapter. This paragraph does not apply to tents or canopies which are less than 100 square feet in area or other temporary structures which are used for recreational purposes and removed by 11:00 p.m. of the day they are placed on the property.

(n) Crops. Except when authorized by the department, no person may plant, cultivate or harvest any crop on lands subject to this chapter.

(o) Possession of marijuana. No person may possess 25 grams or less of marijuana or use marijuana as defined in s. 961.01 (14) , Stats., unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner, as defined in s. 961.01 (19) , Stats., while acting in the course of the practitioner's professional practice or except as otherwise authorized by ch. 961 , Stats.

(p) Possession of drug paraphernalia. No person may use or possess drug paraphernalia in violation of s. 961.573 (1) , Stats.

(r) Climbing permits. The department may require organized climbing groups to obtain a permit prior to engaging in rock climbing activities. Permit requirements shall be posted at the administrative office for the property subject to the permit requirement. The department may use the permit to limit the number of climbers and the time, manner and location of the climbing. No climbing group or member of a climbing group may engage in climbing activities without a permit or contrary to permit conditions when at a location subject to a permit requirement.

(s) Climbing. No person may engage in climbing activities, including the attachment of climbing anchors, on buildings, towers and boardwalks and other similar structures.

(t) Resisting or obstructing a law enforcement officer.

1. No person may knowingly resist or obstruct a law enforcement officer while that officer is doing any act in an official capacity and with lawful authority.

2. In this subsection, "obstruct" includes without limitation knowingly giving false information or knowingly placing, removing or concealing physical evidence with the intent to mislead a law enforcement officer in the performance of his or her duty.

(u) Paintball. Except when authorized by the department, no person may engage in an activity involving the use of paintball guns, paint markers or discharge of similar devices on any lands subject to this chapter.

(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. Driftwood or other dead and down wood located below the ordinary high watermark of the Willow, Turtle Flambeau, and the Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.

Cr. Register, December, 1983, No. 336 , eff. 1-1-84; am. (2) (a) (intro.) and (c), cr. (3) (k), Register, December, 1987, No. 384 , eff. 1-1-88; emerg. cr. (3) (l), eff. 4-1-88; emerg. cr. (3) (l), eff. 4-1-89; emerg. am. (3) (l), eff. 5-2-89; renum. (3) (h) to be (3) (h) 1. and cr. (3) (h) 2., Register, March, 1990, No. 411 , eff. 4-1-90; am. (1) (c) and (2) (c), cr. (3) (l), Register, March, 1992, No. 435 , eff. 4-1-92; r. and recr. (1) (a), (2) (a) and (3) (d), am. (1) (c), (3) (b) and (e), cr. (3) (m), Register, December, 1993, No. 456 , eff. 1-1-94; cr. (1) (d), (2) (a) 3. and (b) 4., r. and recr. (2) (b) 3. and (3) (b), Register, November, 1995, No. 479 , eff. 12-1-95; renum. (3) (k), (L) and (m) to be (3) (j), (k) and (L), Register, December, 1997, No. 504 , eff. 1-1-98; am. (3) (g), cr. (3) (m), (n) and (o), Register, December, 1999, No. 528 , eff. 1-1-00; CR 01-011 : cr. (1) (e), (3) (p), (r) and (s) Register April 2002 No. 556 , eff. 5-1-02; CR 03-035 : cr. (1), (f), am. (2) (c), (3) (n) and (p), r. and recr. (3) (f) Register December 2003 No. 576 , eff. 1-1-04; CR 04-092 : am. (1) (c), cr. (3) (t) Register April 2005 No. 592 , eff. 5-1-05; emerg. cr. (1) (g), eff. 4-1-06; CR 06-065 : cr. (1) (g) Register November 2006 No. 611 , eff. 12-1-06; CR 07-026 : cr. (2) (a) 4., r. (3) (h) Register December 2007 No. 624 , eff. 1-1-08; CR 08-011 : cr. (3) (u) Register September 2008 No. 633 , eff. 2-1-09; CR 09-103 : r. (1) (g) Register May 2010 No. 653 , eff. 6-1-10; CR 10-042 : cr. (1) (a) 2. and (3) (v), am. (1) (a) 1., (3) (b) and (f) 1., renum. (1) (a) 2. and 3. to be (1) (a) 3. and 4. Register December 2010 No. 660 , eff. 1-1-11; correction in (1) (a) 4. made under s. 13.92 (4) (b) 7. , Stats., and (3) (v) (title) created under s. 13.92 (4) (b) 2. , Stats., Register December 2010 No. 660 ; CR 11-030 : cr. (3) (m) 1. Register February 2012 No. 674 , eff. 3-1-12; correction in numbering in (3) (m) made under s. 13.92 (4) (b) 1. , Stats., Register February 2012 No. 674 ; CR 13-021 : am. (1) (a) 1. Register October 2013 No. 694 , eff. 11-1-13; 2013 Wis. Act 295 : am. (2) (a) 2., r. (2) (a) 3., cr. (2) (a) 5. Register May 2014 No. 701 , eff. 6-1-14.

Note

The collection of seeds from herbaceous plants such as grasses and wildflowers is not allowed without written authorization from the department. Microsoft Windows NT 6.1.7601 Service Pack 1