Order of the State of Wisconsin Natural Resources Board
Repealing, Renumbering, Renumbering and Amending, Amending, Repealing and Recreating and Creating Rules
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PR-03-20
Analysis Prepared by the Department of Natural Resources
1. Statutes interpreted and explanation of agency authority: The department has the authority under s. 23.09 (2), Stats., to promulgate rules and establish plans and projects for conservation, including establishing game and fish refuges, acquiring lands, and maintaining lands for conservation, habitat, research, scenic, historical and recreational purposes. Section 23.091, Stats., authorizes the department to acquire, develop, operate and maintain state recreation areas and establish use zones and associated rules within state recreation areas. Section 23.11, Stats., grants the department jurisdiction over department lands. In s. 23.115, Stats., the department is directed to designate trails, campgrounds, picnic areas and other special use areas, and roads on department properties. Section 23.117, Stats., allows the department to post trails as open to use by bicycles, electric scooters or electric personal assistive mobility devices, and requires the department to regularly patrol trails in state parks and the Kettle Moraine state forest. Section 23.28, Stats., authorizes the department to designate and regulate state natural areas, and restricts the department from allowing uses of state natural areas that are incompatible with the natural value of those areas. The department is authorized under s. 23.305, Stats., to lease state park or state forest land to towns, villages or counties for outdoor spectator sports purposes. Section 23.33, Stats., authorizes the department to regulate all-terrain vehicles and utility terrain vehicles in a manner consistent with the rules established in this section of statutes. The state park system is established in s. 27.01, Stats., and this section grants the department acquisition, development and administration authority for the state park system. This includes authority in s. 27.01 (2) (j) and (k), Stats., to promulgate rules regulating the use of state parks. Furthermore, s. 27.01 (10) (b), Stats., allows the department to establish and operate campgrounds on department lands, and s. 27.01 (11), Stats., authorizes the department to establish a campground reservation system and promulgate rules associated with it. Section 29.014, Stats., grants the authority for the department to establish open and closed seasons, bag limits, size limits, rest days and other conditions for taking fish and game to conserve fish and game and ensure continued opportunities for good fishing, hunting and trapping. According to s. 29.335, Stats., the department shall promulgate rules regulating feeding of wildlife. In s. 29.617, Stats., authority is granted to the department to acquire, lease, develop and maintain public hunting and fishing grounds. In addition, general authority is granted by s. 227.11 (2) (a), Stats., to implement and interpret its statutory authority. 2. Statutory Authority: Sections 23.09 (2), 23.091, 23.11, 23.115, 23.117, 23.28, 23.305, 23.33, 27.01, and 29.014, Stats., authorize these rules. 4. Related Statutes or Rules: No related statutes or rules are currently being developed.
5. Plain Language Analysis: Chapter NR 45, Wis. Adm. Code, governs the conduct of visitors to the lands and facilities owned, eased, or leased by the department. The department reviews this chapter periodically. These rules update fee structures, vehicle and boat use regulations, camping rules and hours of operation, technology regulations, rules relating to the possession of animals, general property use rules and property-specific rules. These rules also streamline language, minimize redundancy and clarify existing provisions of administrative code. SECTION 1 of these rules expands the board’s policy on the use of public lands by extending an invitation to all people to use department lands for outdoor recreational activities.
SECTION 2 clarifies that friends groups may organize and support the mission and activities of the department as well as its properties, facilities and programs.
SECTION 3 maps areas closed for human health and safety reasons. The first subsection are areas closed to all hunting and trapping, and the second subsection are areas closed to all public access. The third subsection is closed to hunting and trapping except for special seasons as indicated, the fourth subsection is closed to hunting and trapping except for bowhunting, and trapping by special permit and the fifth subsection contains areas closed to hunting and open to trapping by special permit. The sixth and final subsection are hunting and fishing closures of fish hatcheries.
SECTION 4 simplifies the definition of an “adult group” for purposes of camping reservations.
SECTION 5 creates a definition of “air boat” to clarify the types of boats considered to be air boats, which would also include fan boats. This will not result in a change of department policy. This section also creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 6 amends the definition of backpack campsite to allow for the potential of site access by watercraft.
SECTION 7 creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 8 expands the definition of “camping” to include hammock camping.
SECTION 9 repeals the definition of camper day because it is addressed elsewhere.
SECTION 10 amends the definition of camping permit to include camping types that do not require a fee.
SECTION 11 repeals the word hammock from the definition of "camping unit," because it is no longer needed.
SECTION 12 defines “commercial use” and “designated use area.”
SECTION 13 expands the definition of “equine” to include other species and breeds of hoofstock that are considered to be equines and are used for the same purposes as the animals currently covered in the definition.
SECTION 14 expands the definition of a family to include legal guardians, and distinguishes standard campsites from backpack and boat-in campsites. This section also updates the name of a state forest so that it will be called the Governor Earl Peshtigo state forest as directed by the Natural Resources Board at its September 2019 meeting. Finally, this section simplifies the definition of occupied so that it is consistent at sites statewide.
SECTION 15 creates a definition to clarify that Kohler-Andrae state park technically consists of two separate state parks (Terry Andrae and John Michael Kohler State Parks) and defines "property master plan" consistent with ch. NR 44. SECTION 16 adds Governor Earl to the Peshtigo River property name in the list of northern forests, and elsewhere, consistent with the recent renaming of that property. This section also eliminates the list of specific properties from the definition of occupy.
SECTION 17 repeals the definition of “reservable remote camping” as it is no longer needed.
SECTION 18 establishes definitions for "reservation", "special property use", "standard boat-in campsite" and "state park system". This section also creates a definition for “stopover boat-in campsite” which is a site whose purpose is as a one-night stopover for paddlers on a water trail.
SECTION 19 repeals the definition of “teepee” because the department no longer has any of these.
SECTION 20 creates a definition of “ungulate,” which will be used to distinguish the activities allowed for equine animals from activities that would be prohibited for all hoofed mammals.
SECTION 21 repeals the definition of “watercraft campsite” because these sites have been given different names (SECTION 18).
SECTION 22 modifies the definition of a “water view campsite” so that special fees can be charged at northern as well as current southern forest campsites.
SECTION 23 renumbers and amends subsection NR 45.04 (1) to include prohibition of damage to natural growths and natural or archeological features, and references the exceptions, which will be reorganized into a separate collecting subsection in this rule (SECTION 32).
SECTION 24 reorganizes edible forage collection rules into a new collecting subsection and separates the stem collection provisions.
SECTION 25 repeals a note that is substantive and is being moved into a separate provision (SECTION 34).
SECTION 26 reorganizes and amends the provision relating to removal of invasive herbaceous plants to clarify that they may be removed without written permission.
SECTION 27 reorganizes the provisions relating to rocks, fossils and minerals into a new collecting subsection and clarifies that they may be collected with written permission of the property manager rather than a permit, which provides more flexibility to property managers and prospective collectors.
SECTION 28 allows the department to close gravel pits (as nonmetallic mines) on department managed lands to public access, until such time that they have completed the reclamation process.
SECTION 29 provides guidance on the closure of gravel pits on department lands.
SECTION 30 clarifies that the use of drones (unmanned aircraft systems) is regulated in the same way that other flying related activities are regulated.
SECTION 31 allows people engaged in dog training and trialing in accordance with chs. NR 16 and 17 to stock wild animals without written permission from the department. People engaged in dog training and trialing must already receive permission under chs. NR 16 and 17 to conduct those activities. SECTION 32 creates the title and introduction for the new collecting subsection.
SECTION 33 creates a note specifying where to find the list of non-restricted invasive species, and points to ch. NR 40 invasive species permit requirements for disposing of invasive plants in a manner other than leaving them where they are pulled or disposing of them onsite. The ch. NR 40 requirements aim to prevent the spread of viable invasive species to new areas. SECTION 34 reorganizes the provision on collection of stems for trapping purposes, establishes that both willow and aspen stems may be collected, and restricts the purpose of the collection to trap stakes and bait sticks, which are the two predominate uses. This section also allows collection of stems for these purposes without written permission from the property manager, as this type of collection is very limited in scope. This section also requires a person who wants to collect seeds from herbaceous or woody plants to obtain a seed collecting permit from the department, as restructured from the note which was repealed (SECTION 25). This section also allows a person to collect the clean skulls, antlers and bones of wild animals from department lands, as long as an open hunting season has been established for that species and the species is not otherwise covered by state and federal laws protecting them from collection and possession, such as endangered and threatened species and federally protected migratory birds.
SECTION 35 simplifies the list of locations with open hours.
SECTION 36 notes the hours of Kettle Moraine state forest - Lapham Peak, Whitefish Dunes state park and Havenwoods state forests.
SECTION 37 establishes a specific prohibition of going nude in public on department managed lands and defines nudity.
SECTION 38 establishes that, in addition to camping areas, a person who is expelled from a property is also prohibited from entering any other department managed lands, for 48 hours.
SECTION 39 prohibits anything other than human waste and toilet paper in toilets.
SECTION 40 provides additional criteria for unacceptable noise.
SECTION 41 establishes campground quiet hours from 11:00 p.m. to 6:00 a.m. and that, during those hours, a person may not make a noise at a level above that of a quiet conversation.
SECTION 42 clarifies that certain soliciting activities may be allowed by written agreement with the department and expands prohibition on destruction of property to include unauthorized interference of state or personal property. This section also adds “damage” and “deface” to the provision prohibiting destruction of property of others.
SECTION 43 notes examples of the types of state property.
SECTION 44 reorganizes the personal property provision to allow for trail cameras to be left on department property.
SECTION 45 establishes that trail cameras are not considered personal property for purposes of the prohibition on storing personal property on department land.
