Section 52.03. General provisions.

 

(1)   Department land.

(a) All department land transactions are subject to s. NR 1.41 .

(b) The department shall incorporate an evaluation of the requirements of s. 23.0916 (3) , Stats., in master plans under ch. NR 44 , feasibility studies and other planning documents that include land acquisition as an implementation strategy. This paragraph applies to new plans as well as any plan updates that may be undertaken for existing department projects that are subject to s. 23.0916 (3) , Stats.

(2)   Non-department land. In addition to the requirements of ch. NR 51 , stewardship program grant applications to acquire non-department lands subject to s. 23.0916 (2) , Stats., shall include all of the following:

(a) A description of the public uses proposed for the property being acquired and a checklist indicating which of the specific NBOAs shall be permitted on the property. The checklist shall be in a format determined by the department and shall include at a minimum:

1. An indication as to whether a specific NBOA shall be allowed on the property.

2. For hunting, the checklist shall include information for allowing waterfowl, small game, turkey and big game hunting and shall include gun and archery hunting.

3. For trapping, the checklist shall include information for allowing water trapping and upland trapping.

4. For fishing, the checklist shall include information for permitting shore fishing and boat fishing.

5. For hiking, the checklist shall include information for allowing trail hiking and hiking off-trail.

6. For cross-country skiing, the checklist shall include information for allowing groomed trail skiing and off-trail skiing.

(b) An explanation of the primary purpose for the acquisition. The primary purpose for the acquisition shall be based on s. 23.09 (2) , (20) (am) , 23.0915 , or 23.0917 , Stats., and s. NR 51.05 and on state, regional or local plans that support the acquisition. The application shall include the name of the plan being used and a description of the formal or informal public input received.

(c) A description of the NBOAs to be prohibited on the property and the reason for the prohibition. The reason for the prohibition shall be consistent with s. NR 52.05 and the applicant shall address in the application the specific factors in s. NR 52.05 that apply.

(3)   Determinations made in accordance with s. 23.0916, Stats., and s. NR 52.05 .

(a) When a determination has been made in accordance with s. 23.0916 , Stats., and s. NR 52.05 to prohibit one or more NBOAs on department land the feasibility study and master plan for the project where the NBOA will be prohibited shall be amended to describe the prohibited activity and a rule change may be initiated to enforce it.

(b) The stewardship grant contracts executed between the department and sponsor under s. NR 51.07 that are subject to s. 23.0916 , Stats., and this chapter, shall describe any determination to prohibit one or more NBOAs and require the sponsor to contact the department if any of the factors identified in s. NR 52.05 changes such that a prohibition may be necessary, or is no longer necessary. The department shall evaluate those changes to determine the applicability to this chapter.

(4)  Public use of lands purchased in whole or in part with funding from the stewardship program under s. 23.0917 , Stats., shall be subject to all applicable federal, state and local laws; including but not limited to the public trust doctrine.

(5)  Contributions of separate property used as sponsor match under subch. I of ch. NR 51 , are not subject to this chapter.

(6)  An organization with an identified policy prohibiting or restricting one or more NBOAs must comply with the provisions of this chapter regardless of the organization's policies.

CR 09-077 : cr. Register July 2010 No. 655 , eff. 8-1-10.