NR 1.483 Note
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 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 Note
NR 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.
NR 1.483 Note
NR 1.483 (4) (intro.) The department will only 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 Note
23.146 Installation of telecommunications systems.
(1) In this section, “tower site" means a site on land under the management and control of the department and on which the department operates a radio tower or lookout tower.
NR 1.483 Note
(2) The department may enter into a lease of a tower site with a private person or a governmental entity for the purpose of installing a commercial or noncommercial telecommunications system. The lease may allow the owner or operator of the telecommunications system to provide telecommunications services to persons other than employees of a governmental entity.
NR 1.483 Note
(3) (a) The department may not charge a fee to lease a tower site if the purpose of the lease is to install a telecommunications system that is owned by this state.
NR 1.483 Note
(b) The department may not charge a fee that exceeds $25 per month to lease a tower site if the purpose of the lease is to install a telecommunications system that is owned by a governmental entity other than this state.
Each conveyance across state lands for a right-of-way for public or private roads, public utility lines, other public purposes, or for flowage rights where such use does not conflict with the planned development by the department, may be granted by the department, but shall be presented to the board for approval if unusual circumstances or material impairment of project values are involved.
A complete record of such conveyances shall be maintained by the department.
Compensation shall be determined by appraisal. The loss of any project values shall be considered in establishing the value of such easement.
NR 1.485 History
Cr. Register, April, 1975, No. 232
, eff. 5-1-75.
The natural resources board may cure unintentional trespasses by purchase or sale where practicable subject to state laws relating to purchase, sale, lease or exchange of lands not withstanding any other provisions of this chapter.
Improvements may be removed and any trespass terminated, or legal eviction action may be taken, where a trespasser on state-owned land under the jurisdiction of the department of natural resources has been found by the natural resources board to have been guilty of willful, intentional or negligent conduct with respect to such trespass.
NR 1.49 History
Cr. Register, April, 1975, No. 232
, eff. 5-1-75; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1996, No. 487
Policy on issuance of environmental pollution orders. NR 1.50(1)(a)(a)
“Department" means the department of natural resources.
“Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
“Water pollution" includes contaminating or rendering unclean or impure the waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
“Rule" means a regulation, standard, statement of policy or general order (including the amendment or repeal of any of the foregoing), of general application and having the effect of law, issued by the department to implement, interpret or make specific legislation enforced or administered by the department or to govern the organization or procedure of the department.
“General orders" of the department are rules and mean orders issued by the department applicable throughout the state for the construction, use and operation of practicable and available systems, methods and means for preventing and abating environmental pollution.
“Special orders" of the department mean orders issued by the department applicable to and directing specific persons to secure operating results in the control of environmental pollution within the time or times prescribed in the orders.
“Emergency orders" of the department mean temporary orders issued by the department under emergency conditions of environmental pollution.
Rules and general orders shall be adopted in accordance with the provisions of ch. 227
, Stats. The notice of hearing on each rule requiring a hearing shall include the express terms or an informative summary of the proposed rules.
NR 1.50(3)(a)(a) Water pollution.
Special orders shall be issued by the department only after a hearing held for the purpose of ascertaining whether such orders are necessary for controlling or abating environmental pollution. Each proposed special order shall be served upon the persons affected thereby together with the notice of hearing thereon. The notice of hearing shall also be published as a class 1 notice in a newspaper having wide distribution in the area. Not less than 10 days notice specifying the time and place of the hearing shall be given by the department. The hearing shall be conducted in accordance with and be governed by ch. 227
, Stats. After the hearing, the proposed special order may be set aside or it may be modified, amended or affirmed in whole or in part and a special order issued accordingly.
In issuing special orders for air pollution and solid waste the department may follow the procedure set forth in par. (a)
The department may serve on alleged violators a notice of alleged violation specifying the statute or rule allegedly violated and findings of fact on which the violation is based. An order shall accompany said notice. The order shall become effective unless the person named in the order requests in writing a hearing within 10 days of the service of the order. If a hearing is requested, the order shall be suspended. After the hearing is closed, the department shall affirm, amend or rescind the order.
Emergency orders may be issued by the department without a hearing whenever the department determines that a condition of imminent or actual water or air pollution exists which requires immediate action. The emergency orders shall specify the time and place of hearing thereon, not more than 24 hours after service of the order on the persons affected thereby in the case of air pollution, and as soon as practicable but not more than 20 days after service of the order on the persons affected thereby in cases of water pollution. Before the close of the hearing, and not more than 24 hours after the commencement thereof, the board, in air pollution cases, shall affirm, modify or set aside the emergency order or issue a special order. In the case of water pollution the department shall modify or rescind the temporary emergency order or issue a special order after the close of the hearing.
All notices given by the department hereunder shall be served personally or by mail, and shall be deemed to have been served upon deposit in the United States mails addressed to the last known address of the person to whom addressed, with postage prepaid thereon. All petitions and notices to the department shall be served by delivery thereof to the Department of Natural Resources, 101 S. Webster St., Madison, Wisconsin 53703.
NR 1.50 History
Cr. Register, February, 1971, No. 194
, eff. 3-1-72; correction in (5) made under s. 13.93 (2m) (b) 6., Stats. Register, January, 1989, No. 397
; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register January 2019 No. 757
Management of state wildlife areas.
Section 23.09 (2) (d) 3.
, Stats., provides legislative authority and direction for the acquisition and management of wildlife areas. The primary purpose as stated in this statute is to provide “areas in which any citizen may hunt, trap or fish." Section 23.11 (1)
, Stats., provides for the general care, protection and supervision of state lands. Section 23.30
, Stats., deals with the provisions of the outdoor recreation program.
In order to fulfill the statutory charge of providing public hunting and trapping on wildlife areas, the quality of their wildlife habitat must be maintained or developed. However, this is not to be construed as authority for exclusive single-purpose management of entire properties. Wildlife habitat needs and public hunting objectives shall receive major consideration in management planning for wildlife areas; however, fishery, forestry, wild resource and outdoor recreational objectives will be accommodated when they are compatible and do not detract significantly from the primary objective.
The concept of a general user fee to fund operational activities on wildlife areas which require maintenance to keep them safe, functional and attractive is endorsed.
The following uses will be accommodated on wildlife areas in accord with the priorities and constraints of practical and scientific wildlife management principles and obligations:
(a) Public hunting and trapping.
The primary use on all designated wildlife areas shall be hunting and trapping. Legislation and regulations are encouraged to limit numbers of participants utilizing state land where necessary to insure opportunities for a quality recreational experience. The use of closed areas and/or refuges is endorsed to provide wildlife with required sanctuary from hunting and to protect property.
(b) Scientific study.
Relatively undisturbed biological systems on wildlife areas provide a unique opportunity for scientific research on natural or near-natural systems. Since a thorough knowledge of wildlife ecology is the basis of a sound wildlife management program, the designation of suitable tracts as scientific areas is encouraged.
(c) Compatible open-space uses.
Open-space pedestrian uses, including hiking, nature study, wildlife viewing and cross-country skiing are generally compatible with the primary purpose of wildlife areas. These activities will be accommodated but may have to be limited in time and location to avoid interference with wildlife production or survival and public hunting or trapping.
Limited primitive camping may be permitted on wildlife areas. Camping should not be encouraged nor will developments be undertaken to service campers except at locations designated in the property master plan.
(e) Off-road vehicles.
Unrestricted use of off-road vehicles, including snowmobiles, will not be permitted on wildlife areas. Agreements may be made with counties, other municipalities, or private clubs for the use and maintenance of designated trails or areas where such use will not be detrimental to wildlife or conflict with public hunting.
Indiscriminate horseback riding will not be permitted on wildlife areas. Use of horses may be permitted on designated trail systems, specific dog trial and training areas and in other areas where such use will not unduly damage wildlife habitat or conflict with wildlife production and public hunting.
(g) Special use permits.
Special use permits may be authorized for outdoor recreational activities such as organized youth group camping, dog trials, etc., but only where such activities do not conflict with each other and where they are compatible with the primary purpose of the property. Sites where such activities are to be permitted and the facilities required shall be designated in the property master plan.
NR 1.51 History
Cr. Register, July, 1977, No. 259
, eff. 8-1-77.
Policy on promulgation of environmental quality standards. NR 1.52(1)(1)
As used in this section, “environmental quality standard" means a regulatory measure needed to prevent or reduce environmental pollution as that term is defined in s. 299.01 (4)
Information submitted to board.
Whenever the department seeks to adopt a rule, the department shall provide the board with information regarding the following: the authority for the rule; the conformity of the rule with the requirements of federal or state statutes or controlling judicial decisions; and the need for the rule.
Adoption of environmental quality standard more restrictive than corresponding federal law or regulations.
For environmental programs subject to a delegation of authority by the U.S. environmental protection agency, whenever the department seeks to adopt an environmental quality standard more restrictive than a standard provided under corresponding federal law or regulations, the department shall advise the board why the more restrictive standard is needed in Wisconsin to protect public health, safety or the environment. For the purposes of this subsection, any environmental quality standard is not considered more restrictive than a standard provided under corresponding federal law or regulations if the federal government has not enacted a law or regulation establishing a corresponding standard. This subsection is prospective in application; no environmental quality standards adopted prior to August 1, 1996, are affected except under the circumstances described in sub. (4)
Federal standard relaxed.
If the department has adopted an environmental quality standard which has a corresponding standard adopted under federal law or regulations, and after August 1, 1996, that corresponding federal standard is relaxed by promulgation of a more lenient standard in federal law or regulations, the department shall within 120 days of the federal action notify the board and propose a schedule for the department to advise the board whether the current state standard is needed in Wisconsin to protect public health, safety or the environment.
NR 1.52 History
Cr. Register, July, 1996, No. 487
, eff. 8-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525
Master planning for department land. NR 1.60(1)(1)
Master plan development.
In addition to the requirements of ss. 23.091
, Stats., the natural resources board shall determine whether a master plan will be developed for any department managed property or group of properties. If developed, the plan shall establish management, development and public use.
Local and regional perspectives.
Management decisions shall be based on local and regional perspectives.
Management of a department property and the master plan applicable to it shall be consistent with and further the purposes and benefits of the property's designation by statute, rule or the natural resources board.
NR 1.60 Note
For example, state forests shall be managed in accordance with s. 28.04
, Stats., state recreation areas in accordance with s. 23.091
, Stats., and state parks in accordance with s. 27.01
Management activities shall be compatible with the land's ability to support and sustain the intended management, development or recreational use.
In planning efforts, the effects of management activities on adjacent management areas are to be considered and, where adverse, are to be avoided whenever practicable.
Tribal treaty rights.
Management of a department property within the ceded territory as defined in s. NR 13.02 (1)
, and the master plan applicable to it, shall recognize the opportunity for tribes with off-reservation hunting, fishing and gathering rights to continue to exercise those rights.
NR 1.60 History
Cr. Register, August, 1996, No. 488
, eff. 9-1-96.
Public use of department land.
Except as prohibited or regulated by rule or statute, all department land shall be open for:
Traditional outdoor recreational uses, including hunting, fishing, trapping, walking, nature study and berry picking; and
Other types of recreational uses, including camping, bicycling, equestrian uses, field trials, and snowmobiling or other motorized activities, as authorized on a property by the property master plan.
NR 1.61 History
Cr. Register, August, 1996, No. 488
, eff. 9-1-96.
Policy on education. NR 1.70(1)(1)
Wisconsin has a unique abundance of varied and high quality natural resources. The successful stewardship of those resources is largely dependent upon enlightened and responsible decision-making by Wisconsin citizens, government and private interests. The department recognizes the need to develop a coordinated environmental education program. Education is the foundation of effective resource management and environmental protection activities. Natural resources protection and management goals can be more readily achieved and sustained by incorporating education elements in department functions and philosophies. An active educational program is necessary to encourage incorporation of education into department programs, to inform citizens on natural resources issues and to develop alternative solutions to natural resources problems.
Effective environmental education will result in better understanding of the operations and programs of the department and will help meet management goals. The goal of the department's environmental education program is to assist in developing a citizenry that:
Understands resource use issues, limits, capabilities and problems;
Analyzes and evaluates personal and public values that affect resource management; and
Acquires the individual and collective skills and purpose to act responsibly in using natural resources in work and leisure.
The department shall assist Wisconsin educational institutions at all grade and age levels by:
Making available supplemental services, education materials, expertise of department employees and volunteers, and facilities and properties.
Cooperating and coordinating with the department of public instruction, University of Wisconsin System, Wisconsin board of technical college system in assisting teachers, administrators and others interested in education in understanding the importance of their role in environmental education and in obtaining knowledge, skills and materials in this instructional area.
Department education programs shall follow agency policies, management directives and guidelines. Educational programs should be a means of achieving management goals and objectives; should complement and be consistent with agency priorities; and should focus on the areas of natural resource management and environmental protection. To implement its educational policy, the department shall:
Designate the office of communication as agencywide coordinator of environmental education activities.
Create a department education committee, appointed by the secretary, to advise the secretary on environmental education matters.
Actively cooperate with private, state and federal agencies and organizations with existing or potential interest in environmental and conservation education.
Consider and incorporate education elements into annual and long-range program plans and budgets.
Consider environmental education skills and interest in the recruitment, training, promotion and assignment of department employees.
Delineate environmental education responsibilities in position descriptions.
Incorporate additional and broadened environmental education elements in department subprograms.
Incorporate environmental education elements in property and facility acquisition, development and programming.
Utilize the MacKenzie Center and youth camps and facilities for environmental education programming.
Identify teachers and selected adult groups as primary audiences to maximize program impact.
Encourage involvement with volunteer, school, youth, special interest and adult groups.