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.
Section 3. NR 45.04 (1) (b) and (3) (v) are amended to read:
NR 45.04 (1) (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. Closure may include prohibiting access for one or more types of activities and shall be implemented for the purpose of protecting public health, safety and welfare, or for protection of natural resources or property as determined by the secretary. No person may enter or be in any building installation or area that may be locked or closed to public use or contrary to posted notice without a written permit from the property superintendent.
(3) (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 on the property without the need for a forest product permit. Driftwood or other dead and down wood located below the ordinary high watermark of the Willow, Turtle Flambeau, Rainbow, or Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.
Section 4. NR 45.04 (4) is created to read:
NR 45.04 (4) Special Events. (a) Except as provided in par. (c), no person or organization may advertise, promote or hold a special event without written approval from the department.
(b) To apply for written approval, a person or organization seeking to hold a special event shall submit to the department all of the following at least 90 days prior to the event:
1. An application describing the special event on forms provided by the department.
2. Proof of adequate insurance as determined by the department, with the policy naming the department as additional insured.
(c) The department may waive the requirement to obtain written approval under par. (a) if the special event is authorized in an existing agreement with the department or if the special event will not result in any of the following:
1. Public safety risks.
3. Costs to the department or additional department staff resources costs incurred as a result of the event.
4. Negative impact to use and enjoyment of the property by others.
(d) The department may issue written authorization for a special event with conditions that it deems necessary to ensure the protection and orderly management of the property.
(e) The department may modify or terminate written authorization for any special event at any time if necessary to ensure public safety, protection of state facilities, or protection of natural resources.
(f) In addition to the fee in s. NR 45.12 (4) (L), the department may require the person or organization holding a special event to compensate the department for, or to restore to the satisfaction of the department, a natural resource or department property that is damaged as a result of a special event. (g) No person may participate in a special event that is not authorized under this section.
Section 5. NR 45.045 (1) and (2) (c) (intro.) are amended to read:
NR 45.045 (1) In this section, “firewood” includes limbs, branches, roots, unprocessed logs, lumber, slabs with bark, cut firewood and chips, intended for use on any property.
(2) (c) (intro.) An area, outside of the property on which firewood will be used, where firewood is identified as a carrier of invasive terrestrial invertebrates and plant-disease causing microorganisms, including any of the following:
SECTION 6. NR 45.046 and (Note) are created to read:
NR 45.046 FIREWOOD COLLECTION FOR PERSONAL USE AT HOME. (1) In this section, “firewood” includes limbs, branches, roots, unprocessed logs, slabs with bark, cut firewood and chips.
(2) No person may cut, gather, buy, sell, use, transfer, or possess firewood, from any property for use off that property unless the person possesses a valid forest products permit issued by the department authorizing the cutting or gathering. A person required to hold a forest products permit under this sub. shall display the permit upon demand for inspection by the department or its agents.
(3) The department may impose reasonable conditions on any forest products permit it issues, and may limit or deny a forest products permit if necessary to protect resources or avoid conflict with property management objectives.
(4) The department may revoke a forest products permit issued under this section for a violation of any condition of the permit, or for otherwise cutting or gathering without authorization. Revocations under this subsection shall apply statewide and be limited to a period not to exceed one year from the date on which the department notifies the authorized person of the revocation. No person may possess or apply for a forest products permit for any property during a period of revocation.
(5) Firewood collected or gathered under a forest products permit shall be for personal use only, and may not be sold or otherwise exchanged for anything of value. Exceeding the scope of this permit shall be considered a violation of s. 26.05, Stats. Note: Under s. 26.05, Stats., no person may cut, remove, or transport raw forest products or direct the cutting, removal, or transportation of raw forest products without the consent of the owner. Section 7. NR 45.05 (3) (d) is renumbered NR 45.05 (3) (d) 1. and amended to read:
NR 45.05 (3) (d) Persons with physical disabilities. 1. The department may authorize by permit persons with physical disabilities that affect the person’s mobility to use a motorized vehicle as a mode of personal conveyance. The department shall accept proof of disability as required by 28 C.F.R. 35.137 (c) (2). Up to two additional people may occupy the device if their primary purpose is to assist the permittee. Section 8. NR 45.05 (3) (d) 2., (em) and (Note) are created to read:
NR 45.05 (3) (d) 2. The department may include reasonable permit conditions to protect safety and resources. No person may violate a condition of a permit issued under this paragraph.
(em) Motor bicycles 1. A motor bicycle as defined in s. 340.01 (30), Stats., may be operated on trails listed in s. NR 51.73 (1) and subject to this chapter that are otherwise open to bicycles under any of the following conditions: a. When equipped with an electric motor: at speeds of less than 15 miles per hour while the motor is engaged.
b. When equipped with a non-electric motor: without the motor engaged, running or otherwise in operation.
2. The department may allow operation of motor bicycles on specific trails or sections of trails not listed in s. NR 51.73(1) that are all of the following: a. Open to nonmotorized bicycle use.
b. Specified in a department master plan under ch. NR 44. c. Posted as open for such use.
3. The department may prohibit operation of motor bicycles on specific trails or sections of trails by posted notice. No person may operate a motor bicycle on a trail open to bicycles and posted closed to motor bicycles.
