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NR 45.06 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; am. (1), Register, December, 1987, No. 384, eff. 1-1-88; am. (5), r. and recr. (6), Register, October, 1991, No. 430, eff. 11-1-91; r. (3), (5) and (6), renum. (4) to be (3), cr. (4) to (6), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (6) (a) and (b), r. (6) (c), cr. (8), Register, December, 1993, No. 456, eff. 1-1-94; am. (1) and (6) (a), cr. (4) (f), Register, November, 1995, No. 479, eff. 12-1-95; am. (1) and (6) (a), Register, December, 1997, No. 504, eff. 1-1-98; cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-011: am. (4) (f) Register April 2002 No. 556, eff. 5-1-02; CR 03-035: am. (1) and (6) (a), Register December 2003 No. 576, eff. 1-1-04; CR 04-092: am. (1) and (4) (b) 1. Register April 2005 No. 592, eff. 5-1-05; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register June 2006 No. 606; CR 07-026: am. (1) Register December 2007 No. 624, eff. 1-1-08.
NR 45.07 NR 45.07 Fires.
NR 45.07(1)(1)No person may start, tend or maintain any fire on the ground or burn any refuse except in designated fireplaces or fire rings, except for small cooking and warming fires at the following locations:
NR 45.07(1)(a) (a) Sandbars on the Lower Wisconsin state riverway.
NR 45.07(1)(b) (b) On the northern flowage properties and in non-designated use areas in the northern state forests except the Coulee Experimental state forest.
NR 45.07(1)(c) (c) Authorized camping areas without designated fireplaces or fire rings, in wildlife areas, the Pine-Popple wild river, state forests, and the Menominee River natural resources area.
NR 45.07(2) (2)No person may leave any fire unattended, or throw away any matches, cigarettes, cigars or pipe ashes or any embers without first extinguishing them, or start, tend or use in any manner any fire contrary to posted notice on any lands or property under the management, supervision and control of the department.
NR 45.07(3) (3)The department, in the event of threat to natural resources by the presence of forest fire hazards, may establish emergency use and burning regulations by posted notice.
NR 45.07 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; am. (1), cr. (3), Register, December, 1993, No. 456, eff. 1-1-94; am. (1), Register, December, 1997, No. 504, eff. 1-1-98; CR 07-026: r. and recr. (1) Register December 2007 No. 624, eff. 1-1-08; CR 10-042: am. (1) (b) Register December 2010 No. 660, eff. 1-1-11.
NR 45.075 NR 45.075Natural emergencies.
NR 45.075(1)(1)The chief state forester may declare, and shall manage, emergencies that threaten forested lands owned by the state and under the jurisdiction of the department. When declaring and responding to an emergency, the chief state forester shall consider the purpose of and management plan for the affected property in his or her decisions. Emergencies include unforeseen damage or threat of damage to trees from various causes including:
NR 45.075(1)(a) (a) Fire.
NR 45.075(1)(b) (b) Invasive species including insects, plants, animals and disease-causing organisms.
NR 45.075(1)(c) (c) Pest infestation.
NR 45.075(1)(d) (d) Disease.
NR 45.075(1)(e) (e) Vertebrates.
NR 45.075(1)(f) (f) Extreme weather including:
NR 45.075(1)(f)1. 1. Wind or tornados.
NR 45.075(1)(f)2. 2. Snow, hail, or ice.
NR 45.075(1)(f)3. 3. Flooding.
NR 45.075(1)(f)4. 4. Drought.
NR 45.075(1)(f)5. 5. Lightning.
NR 45.075(1)(f)6. 6. Freeze or heat injury.
NR 45.075(1)(g) (g) Deliberate or accidental damage by human activity.
NR 45.075(2) (2)The declaration of a forest health emergency by the chief state forester, including findings of fact supporting it, shall become effective upon the publication of the declaration in the official state newspaper. As soon after the effective date as is feasible and reasonable, the department shall publish the order in one newspaper in the area affected which is likely to give notice to residents in that area, file copies of the emergency declaration within one week of its effective date with clerks of all counties affected by the declaration and take other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the declaration. The same procedure shall be followed to cancel or modify the declaration or any part thereof. This rule does not apply to a state of emergency declared by the governor under s. 323.10, Stats., and does not supersede the authority of the department of agriculture, trade and consumer protection under ch. 94, Stats.
NR 45.075(3) (3)In this section:
NR 45.075(3)(a) (a) “Disease" includes any disturbance of a plant that interferes with its normal structure or function.
NR 45.075(3)(b) (b) “Pest" includes any living stage of insects, mites, nematodes, slugs, snails or other invertebrate animals injurious to plants, plant products, animals and humans; any bacteria, fungi, other parasitic plants or their reproductive parts, viruses, mycoplasma, protozoans or infectious substances which cause disease in or damage to plants or plant products; and any host upon which a plant pest is dependent for the completion of all or a portion of its life cycle.
NR 45.075 History History: CR 07-013: cr. Register July 2008 No. 631, eff. 8-1-08; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.
NR 45.08 NR 45.08 Beaches.
NR 45.08(1)(1)No person may possess or consume any food or beverage, or use any soap, detergent or shampoo on any swimming beach or in the water adjacent to any swimming beach in any state park, state recreation area or state forest.
NR 45.08(2) (2)No person may swim beyond or disturb or molest a swimming beach boundary buoy or marker in any beach in any state park, state recreation area or state forest.
NR 45.08(3) (3)No floating device, except coast guard approved life jackets and vests of proper size, properly worn and secured, is permitted in or upon the water at any designated beach or pool in any state park, state recreation area or state forest when a lifeguard is on duty.
NR 45.08(4) (4)The department may prohibit swimming in areas adjacent to water access sites by posted notice. No person may swim within the area delineated by the posted notice.
NR 45.08(5) (5)No person may fish in any marked swimming beach in any state park, state recreation area or state forest.
NR 45.08 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; cr. (4), Register, March, 1992, No. 435, eff. 4-1-92; am. (3), Register, December, 1993, No. 456, eff. 1-1-94; am. (1) and (2), Register, December, 1997, No. 504, eff. 1-1-97; CR 01-011: cr. (5) Register April 2002 No. 556, eff. 5-1-02.
NR 45.085 NR 45.085Shoreline zones.
NR 45.085(1)(1)No person may possess any glass beverage container or other glass product on any Great Lakes shoreline zone.
NR 45.085(2) (2)No person may use any soap, detergent or shampoo in waters adjacent to any Great Lakes shoreline zone.
NR 45.085(3) (3)No person may light a fire or use a charcoal grill on any Great Lakes shoreline zone, except in designated grills provided by the department.
NR 45.085 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94.
NR 45.09 NR 45.09 Firearms and hunting.
NR 45.09(1)(1)No person may take, catch, kill, hunt, trap, or pursue any wild animal or bird in any fish hatchery, state campground, picnic area, or other area not open to hunting or trapping.
NR 45.09 Note 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.
NR 45.09(2) (2)Except for blinds used exclusively for waterfowl hunting as provided in s. 29.327 (2), Stats., and s. NR 10.12 (12), and except for blinds constructed entirely of dead vegetation found on the property, no person may do any of the following:
NR 45.09(2)(a) (a) Except as provided in subds. 1. to 4., construct, occupy, place, or use any elevated or ground blind or other elevated device except:
NR 45.09(2)(a)1. 1. On any land open to hunting not identified in subds. 2. or 3., portable tree stands and blinds may remain placed only during the daily timeframe beginning one hour prior to, and ending one hour after, the shooting hours established in s. NR 10.06.
NR 45.09(2)(a)2. 2. On any land not part of the state park system, open to hunting and located north of State Highway 64, portable tree stands and blinds may remain placed throughout the timeframe beginning September 1 and ending January 31.
NR 45.09(2)(a)3. 3. On any land that is part of the state park system, open to hunting, and located north of State Highway 64, portable tree stands and blinds may remain placed throughout the timeframe beginning seven days prior to, and ending seven days after, an established fall hunting period.
NR 45.09(2)(a)4. 4. Portable tree stands and blinds may be occupied and used while lawfully placed under subds. 1. to 3.
NR 45.09(2)(b) (b) Cause damage to trees by the placement or erection of portable tree stands or by any other manner while climbing or hunting from a tree. Careful pruning, flush with the trunk of the tree, of limbs less than 1 inch in diameter on a tree in which a tree stand is used shall not be considered causing damage to the tree.
NR 45.09(2)(c) (c) Hunt from any ground blind during any open season or special hunt for hunting deer with firearms unless the outside of the blind displays a minimum of 144 square inches of material that is a solid highly visible color commonly referred to as blaze orange, florescent orange, or florescent blaze orange, or commonly referred to as bright pink or fluorescent pink and is visible 360 degrees around the blind. Blinds that are left unoccupied shall have the owner's customer identification number or name and address written in the English language attached to the outside of the blind in a conspicuous location near the entrance to the blind and be kept legible at all times.
NR 45.09(2)(d) (d) Place, use, or own an unoccupied tree stand unless the owner's department customer identification number, or the owner's name and address, is written in the English language, attached to the tree stand in a manner so it is clearly visible to a person standing on the ground, and kept legible at all times.
NR 45.09(2)(e) (e) Place more than two portable tree stands or blinds on department lands located in the same county.
NR 45.09 Note Note: Section NR 45.04 (3) (g) prohibits any person from destroying, molesting, possessing without permission, removing or attempting to remove the property of another.
NR 45.09(3) (3)Nothing in this section shall prohibit the use of these weapons on designated target ranges within the areas listed in sub. (1).
NR 45.09(4) (4)Nothing in this section shall prohibit:
NR 45.09(4)(a) (a) Hunting as authorized pursuant to s. 29.089, Stats., and natural resources board determinations under s. 29.089 (1m), Stats.
NR 45.09(4)(b) (b) Hunting in state parks as established in s. NR 10.275 or as otherwise specifically established by rule.
NR 45.09(4)(c) (c) Possession of uncased or loaded firearms, bows, crossbows or air guns while on foot and in route to a state park area where hunting is allowed. This paragraph does not allow the discharge of a firearm, bow, crossbow, or air gun from or across state park areas where hunting is not allowed.
NR 45.09(4)(d) (d) The use of a firearm for the purposes of killing an animal lawfully trapped in a state park.
NR 45.09(5) (5)No person may discharge any 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:
NR 45.09(5)(a) (a) While engaged in hunting or dispatching a lawfully trapped animal in compliance with sub. (1) and the open seasons established in s. NR 10.01.
NR 45.09(5)(b) (b) At shooting ranges designated by the department.
NR 45.09(5)(c) (c) While engaged in dog trials under department permit.
NR 45.09(5)(d) (d) While training dogs in designated areas under department permit.
NR 45.09(5)(e) (e) When paintball guns are approved pursuant to s. NR 45.04 (3) (u).
NR 45.09(5)(f) (f) When authorized by the department upon issuance of a special use permit.
NR 45.09 Note 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.
NR 45.09(7) (7)Unless authorized by the department, no person may pursue, drive or chase animals on lands subject to this chapter that are closed to hunting.
NR 45.09 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; am. (4) and (5) (intro.), Register, December, 1987, No. 384, eff. 1-1-88; cr. (6), Register, May, 1993, No. 449, eff. 6-1-93; am. (2) and (5) (intro.), Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, November, 1995, No. 479, eff. 12-1-95; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1998, No. 515; am. (1) and (2), cr. (7), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-008: am. (5) (intro.), Register November 2001 No. 551, eff. 4-1-02; emerg. cr. (9), eff. 7-3-02; CR 03-016: cr. (9) Register August 2003 No. 572, eff. 9-1-03; CR 03-035: am. (4), Register December 2003 No. 576, eff. 1-1-04; CR 04-092: am. (5) (intro.) and (a), cr. (10) Register April 2005 No. 592, eff. 5-1-05; CR 05-017: am. (2) Register October 2005 No. 598, eff. 2-1-06; CR 05-102: r. (10) Register June 2006 No. 606, eff. 7-1-06; CR 05-086: am. (4) Register June 2006 No. 606, eff. 7-1-06; CR 06-037: am. (2) Register June 2007 No. 618, eff. 7-1-07; CR 07-015: r. and recr. (2) Register September 2007 No. 621, eff. 2-1-08; CR 08-011: cr. (5) (e) Register September 2008 No. 633, eff. 2-1-09; CR 10-042: cr. (10), am. (5) (intro.) and (a) Register December 2010 No. 660, eff. 1-1-11; CR 08-022: am. (1), cr. (11) Register December 2010 No. 660, eff. 1-1-11; CR 11-007: am. (5) (intro.) Register October 2011 No. 670, eff. 2-1-12; CR 13-108: am. (1), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (c) Register August 2014 No. 704, eff. 9-1-14; EmR1420: emerg. am. (1), eff. 9-12-14; CR 13-071: am. (1), r. (9) Register July 2015 No. 715, eff. 8-1-15; CR 16-028: renum. (2) (a) to (a) (intro.) and am., cr. (2) (a) 1. to 4., am. (2) (b) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (a) (intro.) made under s. 35.17, Stats., Register July 2017 No. 739; CR 16-001: am. (1), cr. (4) (d), am. (5) (intro.), (a), (b), cr. (5) (f), r. (6), (10), (11) Register July 2017 No. 739, eff. 8-1-17; CR 18-005: am. (2) (c) Register September 2018 No. 753, eff. 10-1-18.
NR 45.095 NR 45.095Shooting ranges.
NR 45.095(1)(1)General range rules.. No person at a shooting range may:
NR 45.095(1)(a) (a) Handle a weapon in a negligent or reckless manner.
NR 45.095(1)(b) (b) Discharge any weapon on the range while any part of a person is down range of the firing line.
NR 45.095(1)(c) (c) Point any weapon in use at the designated firing line in any direction other than down range.
NR 45.095(1)(d) (d) Fail to comply with a cease fire order called by the range officer or any other person.
NR 45.095(1)(e) (e) Fail to make reasonable efforts to ensure all discharged projectiles impact the backstop.
NR 45.095(1)(f) (f) Leave any loaded weapon unattended at any time.
NR 45.095(1)(g) (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.
NR 45.095(1)(h) (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.
NR 45.095(1)(i) (i) Unless otherwise posted at the range, shoot during the period beginning at sunset and ending at sunrise.
NR 45.095(1)(j) (j) Shoot, or attempt to shoot structures or objects that are not designated targets, or that are outside designated firing lanes.
NR 45.095(1)(k) (k) Shoot at archery targets with anything other than a bow or crossbow.
NR 45.095(1)(L) (L) Use any weapons or projectiles that discharge paint.
NR 45.095(1)(m) (m) Use incendiary, exploding, glass or other breakable materials as targets.
NR 45.095(1)(n) (n) Fail to properly dispose of targets other than clay targets used on an established shotgun shooting range.
NR 45.095(1)(o) (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.
NR 45.095(1)(p) (p) While shooting at a shooting range, possess or consume an intoxicant or other restricted controlled substance.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.