Chapter NR 1

NR 1.29(7)(d)1.b. b. Pre-existing crossings of the Ice Age Trail by designated state or county trails.

NR 1.29(7)(d)1.c. c. Hunting in accordance with s. NR 10.275 (4) and s. NR 45.09 (11).

NR 1.29 Note Note: Section NR 10.275 (4) was repealed by CR 13-108 Register August 2014 No 704, eff. 9-1-14. Section NR 45.09 (11) was repealed by CR 16-001 Register No. 739, eff. 8-1-17.

NR 1.29(7)(d)1.d. d. Motorized vehicles use as described in sub. (5).

NR 1.29(7)(d)1.e. e. Small, lightly developed parking areas, such as a gravel parking lot, may be constructed.

NR 1.29(7)(d)1.f. f. Signage may be installed for marking the Ice Age Trail; regulatory uses; property management, including boundaries; and general property or Ice Age Trail information, such as a kiosk.

NR 1.29(7)(d)2. 2. ‘Vegetation Management.’ Native community types existing at the time of acquisition shall be retained or enhanced.

NR 1.29(7)(d)2.a. a. Vegetative management shall focus on enhancing the scenic and natural values along the Ice Age Trail. Cropped lands may be planted with a permanent grass cover. Tree plantations may be thinned to create a more natural appearing condition.

NR 1.29(7)(d)2.b. b. Invasive species may be removed or controlled.

NR 1.29(7)(d)2.c. c. Any proposed forest management requires consultation with the managing bureau of the property to ensure that scenic values along the Ice Age Trail are being preserved or enhanced.

NR 1.29 History History: CR 04-092: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-026: am. (1) Register December 2007 No. 624, eff. 1-1-08. CR 10-118: r. and recr., Register May 2011 No. 665, eff. 6-1-11; renum. (6) (a) and (b) to be (6) and (7) under s. 13.92 (4) (b) 1., Stats., correction of (6) and (7) (titles), as renumbered, under 13.92 (4) (b) 2., Stats., corrections in (7) (b) 1. to 3. under s. 13.92 (1) (b) 7., Stats., Register May 2011 No. 665, eff. 6-1-11; CR 13-108: am. (7) (b) 5. Register August 2014 No. 704, eff. 9-1-14; correction in (7) (b) 5. made under s. 35.17, Stats., Register August 2014 No. 704, eff. 9-1-14; correction in (7) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 1.30 NR 1.30 State park system.

NR 1.30(1) (1) State parks shall be classified, as follows, into their most logical employment and greatest usefulness:

NR 1.30(1)(a) (a) Scenic parks. Parks having unusual scenic charm and beauty, distinctive landscapes, and particular appeal to nature lovers, and of sufficient size to enable use by large numbers of people without destruction of the qualities essential to their purpose.

NR 1.30(1)(b) (b) Historical — memorial parks. Parks of archaeological, memorial and historical significance.

NR 1.30(1)(c) (c) Roadside parks. Parks possessing scenic and other park characteristics adjacent to or associated with important state trunk or interstate highways.

NR 1.30(1)(d) (d) Recreation parks. Parks which offer the best natural values for recreation, have scenic qualities, and contain water for recreational purposes and are of sufficient size to prevent destruction through overuse.

NR 1.30(1)(e) (e) State trails. Continuous corridors not associated with a state park or other type of department property, utilized for recreation, that are listed in s. NR 51.73.

NR 1.30(2) (2) No overnight lodging facilities other than designated campgrounds, group camps and staff residences may be constructed in state parks, except:

NR 1.30(2)(a) (a) Those constructed for use exclusively by people with physical disabilities, with their family or attendant or both, and

NR 1.30(2)(b) (b) Overnight lodging in the Seth Peterson cottage at Mirror Lake state park.

NR 1.30(3) (3) Archaeological features and historic buildings located in state parks may be restored and preserved.

NR 1.30 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. (2), Register, January, 1991, No. 421, eff. 2-1-91; am. (2), Register, June, 1994, No. 462, eff. 7-1-94; CR 04-092: am. (1) (e) Register April 2005 No. 592, eff. 5-1-05; CR 07-026: am. (1) (e) Register December 2007 No. 624, eff. 1-1-08.

NR 1.31 NR 1.31 State-owned islands. The department shall maintain state-owned islands in natural and undisturbed condition consistent with controlled public use on islands suited for recreational purposes. Each state-owned island shall be classified for its most desirable use such as camping or picnicking, or to be maintained in a natural condition. Preference shall be given to aesthetic management and every effort shall be made to maintain forest growth and ground vegetation in as near a natural state consistent with other desirable uses.

NR 1.31 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.32 NR 1.32 Natural areas and scientific areas.

NR 1.32(1) (1) The legislature has indicated its intent to acquire, establish and preserve natural areas and scientific areas by creating ss. 15.347 (4), 23.27 and 23.092, Stats. The natural resources board agrees that such areas, by their preservation, protect the state’s natural diversity, provide sites for research and environmental education, and serve as benchmarks for assessing and guiding use of other lands in the state.

NR 1.32 Note Note: Section 23.27, Stats., defines “natural areas” to include tracts of land or water which have native biotic communities, unique natural features or significant geological or archeological sites. Generally, natural areas are remnant areas which largely have escaped disturbance since settlement or which exhibit little recent disturbance so that recovery has occurred and presettlement conditions are approached. Generally, scientific areas are natural areas of at least statewide significance and useful for education or research.

NR 1.32(2) (2) The department, with the advice and assistance of the scientific areas preservation council, shall:

NR 1.32(2)(a) (a) Conduct inventories of natural areas statewide including department controlled properties.

NR 1.32(2)(b) (b) Recommend for natural resources board approval sites on department properties as scientific areas.

NR 1.32(2)(c) (c) Recommend for natural resources board approval the acquisition of natural areas and designation of appropriate tracts as additions to the scientific areas system.

NR 1.32(2)(d) (d) Manage natural areas and scientific areas to perpetuate the native biotic communities, unique natural features and geological or archaeological sites.

NR 1.32(2)(e) (e) Encourage research and educational use by groups and persons on department controlled scientific areas, consistent with the individual site management guidelines.

NR 1.32(3) (3) Prior to any change in status of a scientific area located on lands owned or controlled by the department, the natural resources board, with the advice of the scientific areas preservation council, shall determine in each instance that:

NR 1.32(3)(a) (a) The site is no longer suitable and no longer needed for the scientific area use for which it was established; or

NR 1.32(3)(b) (b) Other public uses are required due to unavoidable public necessity, but then only after notice to concerned groups and individuals and opportunity for public comment.

NR 1.32 History History: Cr. Register, May, 1982, No. 317, eff. 6-1-82.

NR 1.33 NR 1.33 Policy on rock climbing. Rock climbing is a traditional recreational activity that may occur on non-designated use areas on department lands, and is consistent with the department’s mission to provide recreational opportunities to the public. Rock climbing should be considered in master planning for department properties which contain areas where rock climbing may occur.

NR 1.33 History History: CR 01-011: cr. Register April 2002 No. 556, eff. 5-1-02.

NR 1.40 NR 1.40 Acquisition of recreational land.

NR 1.40(1) (1) In the acquisition of recreational lands, the department shall place principal emphasis on the acquisition of lands in the heavily populated areas of the state and in places readily accessible to such areas.

NR 1.40(2) (2) Projects under this section will be undertaken based on the following descending order of priority:

NR 1.40(2)(a) (a) Consolidation and completion of existing projects.

NR 1.40(2)(b) (b) New acquisition projects based on the following criteria listed in descending order of priority:

NR 1.40(2)(b)1. 1. Land to protect rare and threatened natural resources; to protect genetic and biological diversity; and to protect, manage or restore critical fish and wildlife habitat.

NR 1.40(2)(b)2. 2. Unique, one-of-a-kind opportunities that may only be available once; projects of special scenic quality; and projects that are “irreplaceable”; an uncommonly large tract of unique natural resources of sufficient size to provide immediate and significant results in meeting program goals.

NR 1.40(2)(b)3. 3. Water-based resources that include land important to protect and improve the quality of the state’s surface and ground water; and land for recreation and management along streams, rivers, lakes and flowages.

NR 1.40(2)(b)4. 4. Lands to accommodate broad, natural resource-based outdoor recreation and state recreational trails.

NR 1.40(2)(b)5. 5. Land within 40 miles of Wisconsin’s 12 largest cities. If funding limits the ability to purchase available lands within existing urban areas, preference will be given to rural lands near population centers.

NR 1.40 Note Note: Wisconsin’s 12 largest cities are: Milwaukee, Madison, Green Bay, Racine, Kenosha, Appleton, West Allis, Waukesha, Eau Claire, Oshkosh, Janesville and LaCrosse.

NR 1.40(2)(b)6. 6. Protection of scenic lands that meet the department priorities in subds. 1. to 5.

NR 1.40(2)(c) (c) Proposed new projects which fall within the following criteria will be given lower priority. Low priorities are not listed in order.

NR 1.40(2)(c)1. 1. Wetland projects acquired primarily to provide additional protection beyond regulation and zoning that do not meet other recreational, water quality or resource management needs.

NR 1.40(2)(c)2. 2. Projects to protect and preserve natural resources not threatened with incompatible use.

NR 1.40(2)(c)3. 3. Projects not part of large, broad-based integrated management efforts to provide multiple outdoor recreational opportunities.

NR 1.40(2)(c)4. 4. Timber production areas that do not meet other recreational, water quality or resource management needs.

NR 1.40(2)(c)5. 5. Lands owned by another unit of government and not threatened with sale or incompatible use.

NR 1.40(3) (3) All new projects shall be subject to natural resources board approval.

NR 1.40 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. (2), Register, February, 1996, No. 482, eff. 3-1-96.

NR 1.41 NR 1.41 Land acquisition authorization.

NR 1.41(1) (1) The following land transactions of the department shall require board approval:

NR 1.41(1)(a) (a) Acquisitions where the purchase price is $150,000 or more.

NR 1.41(1)(b) (b) Acquisitions where more than 40 acres are outside of an established project boundary.

NR 1.41(1)(c) (c) Acquisitions where the purchase price exceeds the highest appraised value.

NR 1.41(1)(d) (d) Acquisitions by condemnations of land.

NR 1.41(1)(e) (e) Acquisitions by gifts of land to the department.

NR 1.41(1)(f) (f) Acquisitions where improvement values exceed 35% of total appraised value.

NR 1.41(1)(g) (g) Acquisitions of short tenure with substantial increased value.

NR 1.41(1)(h) (h) Sales of state land that are no longer needed for conservation purposes where the value exceeds $50,000 or where the acreage exceeds 40 acres.

NR 1.41(2) (2) The secretary may approve all other land transactions.

NR 1.41(3) (3) The department shall submit to the board a yearly statistical report on the land control program, including an analysis of the program’s status in relationship to the state recreational plan.

NR 1.41(4) (4) The department shall submit to the board at each meeting a report on the status of all options and pending land acquisitions showing the date of each option.

NR 1.41 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. Register, April, 1976, No 244, eff. 5-1-76; r. and recr. Register, November, 1985, No. 359, eff. 12-1-85.

NR 1.415 NR 1.415 Policy on redesignation of department land uses.

NR 1.415(1) (1) The department shall conduct a periodic review of land use designations in order to determine whether a redesignation will secure better management.

NR 1.415(2) (2) Each redesignation of land use shall be subject to approval of the board.

NR 1.415 History History: Cr. Register, November, 1976, No. 251, eff. 12-1-76.

NR 1.42 NR 1.42 Acquisition of state forest land.

NR 1.42(1) (1) Within established state forest boundaries, the department shall acquire suitable forest lands for the purpose of better blocking, consolidation of ownership and improvement of management possibilities. In the acquisition program, the department shall:

NR 1.42(1)(a) (a) Acquire by purchase or by exchange suitable publicly owned lands.

NR 1.42(1)(b) (b) Acquire by purchase suitable privately owned lands.

NR 1.42(1)(c) (c) Acquire suitable privately owned lands within the forest boundary by exchange for state-owned lands located outside the forest boundary which are no longer needed for conservation purposes.

NR 1.42(2) (2) Outside established state forest boundaries, the department shall acquire lands for forestry purposes only when such lands are needed for specific purposes.

NR 1.42 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.43 NR 1.43 Acquisition of fish and game lands adjacent to water.

NR 1.43(1) (1) Lands on certain streams and lakes have been designated for acquisition by the board. Adequate land area, associated with the water, shall be acquired in connection with the acquisition of water frontage for preservation or recreational purposes.

NR 1.43(2) (2) The width of parcels to be acquired on areas adjoining the water shall be based on the management objective of the project, the quality of the water or habitat, the opportunities for scenic enhancement or preservation, the level of public use, and the topography of the area, all with the purpose of protecting the water, the land and the associated flora and fauna.

NR 1.43(3) (3) The boundaries of all land acquisition projects involving water frontage, shall extend a distance of a minimum of 150 feet from the shoreline, except for perpendicular access or where narrower strips of land will provide adequate access and habitat protection due to specific physical conditions, such as the presence of roads, favorable topography or land use conditions.