NR 1.42NR 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 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75. NR 1.43NR 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. NR 1.43 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. (3), Register, April, 1976, No. 244, eff. 5-1-76. NR 1.44NR 1.44 Cooperation with county, town and municipal boards on land acquisition. The department shall inform county, town and municipal boards of proposed boundaries of land purchase projects in their areas. If these boards officially object, they shall be afforded an opportunity for personal appearances to present such objections to the board before a final decision on the proposed acquisition is made. NR 1.44 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75. NR 1.445NR 1.445 County board approval of land purchase. NR 1.445(2)(a)(a) “Land” means any ground considered as real property, but does not include the beds of lakes or flowages below the ordinary high water mark. NR 1.445(2)(e)(e) “Under the jurisdiction of” means subject to supervision, management and control as those terms are used in s. 23.11 (4), Stats. NR 1.445(3)(3) Calculation of land areas; notification to county. NR 1.445(3)(a)(a) Upon taking an option to purchase land, the department shall determine whether the requirements of s. 23.0917 (8) (d), Stats., are applicable. The department shall develop and maintain information to allow a determination to be made. NR 1.445(3)(b)(b) In making a determination on the applicability of s. 23.0917 (8) (d), Stats., to a pending option, the department shall calculate the sum of the following areas for the county in which the option was taken: NR 1.445(3)(b)1.1. Land owned or under the jurisdiction of the board of commissioners of public lands; NR 1.445(3)(b)2.2. Land contained in parks, forests or recreation areas owned or under the jurisdiction of a local governmental unit; NR 1.445(3)(b)3.3. Land contained in parks, forests, fish and wildlife refuges, lakeshores, military reservations, recreation areas, and wild and scenic rivers owned or under the jurisdiction of the United States government; and NR 1.445 NoteNote: The Wisconsin Register of Waterbodies, which is the state’s official electronic database for identification of surface waters of the state, will be utilized to determine the areas of lake or flowage bed within a county. The Register is maintained by the Bureau of Fisheries Management and Habitat Protection and is available for inspection at the Department’s offices at 101 S. Webster Street, Madison, and at DNR service centers.
NR 1.445(3)(c)(c) The department shall divide the sum of the land areas included in par. (b) by the total area of land in the county. If the result of the calculation equals or exceeds 66%, the department shall provide the county with the location and legal description of the optioned property. The department shall advise the county of the procedural requirements for county notification of residents and a vote by the members-elect of the county board pursuant to s. 23.0917 (8) (d), Stats. NR 1.445(4)(4) Department procedures after county board vote. The department shall note the county’s action in its records filed at the bureau of facilities and lands at the department’s offices at 101 S. Webster Street, Madison. If the vote is for approval, the department may use the appropriation under s. 20.866 (2) (ta), Stats., to purchase the lands in question. If the vote is against approval, the department may not use the appropriation under s. 20.866 (2) (ta), Stats., to purchase the lands in question. NR 1.445 HistoryHistory: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01. NR 1.45NR 1.45 Disposition of state forest lands. NR 1.45(1)(1) State forest lands and other state-owned islands within state forest boundaries and lands which provide desirable public access to waters may be sold for the following purposes only: NR 1.45(1)(a)(a) To a local unit of government when required for a public use. NR 1.45(1)(b)(b) To others for the purpose of making land adjustments due to occupancy resulting from errors of survey. NR 1.45(1)(e)(e) To public utilities and co-operative associations when needed for power and telephone substations, transformers, booster stations and similar installations. NR 1.45(1)(f)(f) To dispose of land no longer needed for conservation purposes. NR 1.45(2)(2) State forest lands outside state forest boundaries which the natural resources board determines are no longer necessary for the state’s use for conservation purposes shall be disposed of in accordance with the following priorities: NR 1.45 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75. NR 1.46NR 1.46 Disposition of state fish and game lands. NR 1.46(1)(1) State-owned fish and game management lands may be sold only when the natural resources board determines such lands are no longer necessary for the state’s use for conservation purposes and only in accordance with the following priorities: NR 1.46(1)(a)(a) Sale to or exchange with another unit of government when the lands to be conveyed are required for another public purpose or the lands received in exchange are required for department project purposes. NR 1.46 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. (2), Register, December, 1983, No. 336, eff. 1-1-84. NR 1.47NR 1.47 Disposition of state park lands. NR 1.47(1)(1) State-owned lands within state park boundaries shall not be sold or otherwise disposed of. NR 1.47(2)(2) State-owned lands outside state park boundaries and not within any other department project which serve no project purpose may be sold when the natural resources board determines such lands are no longer necessary for the state’s use for conservation purposes and then shall be disposed of only in accordance with the following priorities: NR 1.47(2)(a)(a) Sale to or exchange with a local unit of government when required for a public use. NR 1.47(2)(b)(b) Exchange with others to consolidate state ownership within a park boundary. NR 1.47(3)(3) Restrictions may be imposed on lands disposed of to insure aesthetic park settings or compatible adjacent land uses. NR 1.47 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75. NR 1.48NR 1.48 Leasing department lands. NR 1.48(1)(1) No leases for private use shall be executed, extended or renewed. NR 1.48(2)(2) The secretary may execute leases for public use or public benefit, including leases of department houses to department employees as a condition of employment for the benefit and convenience of the department. NR 1.48 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, January, 1978, No. 265, eff. 2-1-78. NR 1.483NR 1.483 Leasing department tower sites for telecommunications systems. NR 1.483(1)(1) This rule establishes department policy regarding leasing of department tower sites to others for telecommunications systems not presently installed at department tower sites. These provisions apply to all nondepartment telecommunications users. NR 1.483(2)(a)(a) “Telecommunications system” means the components necessary to form a single functioning communications system at a tower site. Basic components of a telecommunications system include one equipment cabinet, one antenna, and one transmission line connecting the two. NR 1.483(2)(b)(b) “Tower site” means any department radio tower or lookout tower and the grounds in the vicinity of it. A tower site may or may not include a department transmitter building. NR 1.483(3)(3) The department will consider a request to install a telecommunications system at a department tower site. The department may reject a request to install a telecommunications system at a department tower site for any reason, including technical, legal or environmental problems associated with the request, or if granting the request could conflict with future department needs. NR 1.483(4)(4) The department will consider a request to install a telecommunications system at a department tower site if the request is for a telecommunications system which is a: NR 1.483(4)(a)(a) State of Wisconsin telecommunications system providing necessary communications between a state of Wisconsin agency and its employees, provided it meets the following criteria: NR 1.483(4)(a)1.1. The specific equipment to be installed and the system it ties into are state-owned; and NR 1.483(4)(a)2.2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and NR 1.483(4)(a)3.3. Communications must be between state employees conducting state business; or NR 1.483(4)(b)(b) State of Wisconsin telecommunications system providing noncommercial broadcast services to the citizens of Wisconsin, provided it meets the following criteria: NR 1.483(4)(b)1.1. Both the specific equipment to be installed and the system it ties into must be state-owned; and NR 1.483(4)(b)2.2. The licensee, as defined in the station authorization granted by the federal communications commission, must be the state of Wisconsin; and NR 1.483(4)(b)3.3. All programming must be noncommercial and must be available to the public without charge; or NR 1.483(4)(c)(c) Telecommunications system owned by governmental entities other than the state of Wisconsin providing necessary public safety communications between a governmental entity and its employees, provided it meets the following criteria: NR 1.483(4)(c)1.1. Both the specific equipment to be installed and the system it ties into must be owned by a unit of local government or the federal government; and NR 1.483(4)(c)2.2. The licensee, as defined in the station authorization granted by the federal communications commission or the interagency radio administrative council, must be a governmental body; and NR 1.483(4)(c)3.3. Communications must be between government employees conducting government business. NR 1.483(5)(5) If the department approves a request to install a telecommunications system at a tower site, it shall enter into a written lease with the requester. The department shall draft the lease. NR 1.483(7)(7) Fees received from telecommunications site leases shall be used to offset, in part, the statewide costs involved in maintaining telecommunications tower sites. NR 1.483 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; 2013 Wis. Act 27: r. in part (3), (4) (intro.), eff. 7-7-13. NR 1.483 NoteNote: Subs. (3) and (4) (intro.) are shown as affected by 2013 Wis. Act 27. On February 26, 2013, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 1.483 (3) and (4) (intro.) in part as shown below. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2013 Assembly Bill 112 and 2013 Senate Bill 115, in support of the JCRAR suspension. 2013 Assembly Bill 112 was enacted, effective July 7, 2013, resulting in the repeal of the rules as suspended by the February 26, 2013, JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 23.146, Stats., as set forth below.
NR 1.483 NoteNR 1.483 (3) The department will only consider a request to install a telecommunications system at a department tower site if it meets one of the criteria set forth in sub. (4). The department may reject a request to install a telecommunications system at a department tower site for any reason, including technical, legal or environmental problems associated with the request, or if granting the request could conflict with future department needs.
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