A proposal is to define motor bicycles and their use on state trails. This addresses requests to use motor bicycles on state trails and provide guidance for their operation on state trails.
A proposal is to define shooting ranges in code and to establish use rules for public shooting ranges on all department properties. Presently most shooting ranges on Department lands have no codified rules making enforcement difficult. The Department has been engaged in promotion and development of new shooting ranges on Department properties.
A proposal is to codify conditions for firewood gathering on Department lands with a forest products permit. Currently no administrative rule or statute allow for enforcement of forest product permit conditions on firewood gathering.
A proposal is to modify the rule allowing the Department to establish all-terrain vehicle routes on all Department lands over Department roads. This simplifies the rule as it currently only includes northern state forests and clarifies what is already happening. It further reflects recent legislative direction in s. 23.116 to evaluate motorized access. A proposal is to modify the code allowing the use of a firearm for the purposes of killing an animal lawfully trapped in a state park. This is widely considered the humane way to dispatch a trapped animal. Now that trapping is allowed in state parks per 2011 Act 168, the code needs to reflect that common practice, so that trappers are not required to club a trapped animal. A proposal is to define a water trail in code. This provides structure and authority for the new state water trail program. The Natural Resources Board has approved creation of this new program.
Property Specific Use
A proposal is to extend the prohibition of boats from certain waters to Puckett’s Pond at Harrington Beach State Park. This rule is consistent with other urban fishing locations.
A proposal is to allow kayak and canoe use on Robinson Creek Pond in Black River State Forest, Jackson County. Kayak and canoes were restricted from Robinson Creek Pond use due to a popular 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 canoeing.
A proposal is to include an additional northern flowage property, Rainbow Flowage, within the existing prohibition of the collection of dead and down wood located below the ordinary high water mark. Four additional flowage properties have restricted wood collection to protect this important habitat during flowage drawdown conditions.
A proposal is to prohibit swimming and scuba diving in the Kohler-Andrae State Park fishing pond. This rule is needed to ensure visitor safety and prevent disturbance to park visitors who want to fish in the urban fishing pond.
A proposal is 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 water entrance and egress.
A proposal is update a prohibition to operate ice augers powered by a combustion engine to replace wording of gas powered ice augers at Straight Lake State Park. This complies with specific rules in the master plan and addresses the use of propane augers which are becoming more popular.
A proposal is to eliminate the restriction for alcohol possession and consumption Big Foot Beach State Park. Big Foot is one of the few parks where prohibition exists. It is no longer necessary for governing the conduct of visitors at this park.
A proposal is to restrict by posted notice jumping and diving into waterways along the Red Cedar State Trail. This would grant enforcement authority and restrict this unsafe activity.
A proposal is to specify that beverage containers must be secured to the watercraft in the Flambeau River State Forest. This will help prevent beverage containers from being dumped into the river.
Additional modifications to this chapter may be pursued which are reasonably related to those discussed here or improve rule simplification.
Ch. NR 51 related to Administration of Stewardship Grants A proposal is to update the language regarding the state trail system to agree with legislation enacted. The language eliminates the perception that use of trails on department lands is limited to equine, bikes, cross-country skis and hikers.
A proposal is to designate the Lake Michigan State Water Trail as a designated state trail. This provides structure and authority for the new state water trail system.
Additional modifications to this chapter may be pursued which are reasonably related to those discussed here or improve rule simplification.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
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), 27.01 (2) (j), 27.01 (10) (b) and (f), 27.01(11) (b), Wis. Stats. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates that rule and resources necessary to develop the rule will require 200 hours of staff time.
6. List with description of all entities that may be affected by the proposed rule:
Nearly all users of Department of Natural Resource’s managed properties can be affected. A wide variety of groups and individuals will be interested in this proposed rule. Some groups include: Wisconsin Association of Campground Owners, Friends of Wisconsin State Parks, The Wisconsin ATV-UTV Association, Wisconsin Conservation Congress, National Rifle Association, Non-motorized Recreation and Transportation Trails Council and Wisconsin Wildlife Federation.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
No federal regulations exist for the management of Department of Natural Resource properties.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
An economic impact analysis will be conducted as part of rule development. For now, the department thinks it may be possible that the proposed rule would have an annual impact over $50,000 dollars, a moderate economic impact.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearing in the month of August, 2015. Hearing cities will be: Madison and Rhinelander.
The Department will hold these hearings in these locations to provide access in both northern and southern Wisconsin.
Contact Person: Aaron Buchholz, (920) 662-5115
