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 department lands is limited to equine and bike riders, cross-country skiers 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 Ice Age trail. The Ice Age 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 regulations: 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 requirements that the campsites must be occupied daily and camping property must 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 enacted 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 shelters in Illinois rent for $25. They tend to be open sided shelters but often are electrified. Michigan generally has four tiers of shelter prices - $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 parks 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 adding 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. Administrative rules in Minnesota authorize 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 Michigan a motorized 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 management, protect public safety and natural resources, implement certain fee authorities 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 requirements 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 these rules 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 were accepted through November 1, 2016 at a public hearing on the rule, by regular mail, and by email.
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 permits an activity that is otherwise not specifically allowed 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” means a recreational route on a waterway that has a network of public access points.
