Ch. NR 45 Note
Note: Chapter NR 45 as it existed on December 31, 1983, was repealed and a new chapter NR 45 was created effective January 1, 1984.
The purpose of this chapter is to govern the conduct of visitors to state lands and to provide for the protection of the natural resources.
NR 45.01 History
Cr. Register, December, 1983, No. 336
, eff. 1-1-84.
Except when the context provides otherwise, this chapter applies to any of the following:
All lands, structures and property owned by the department.
Lands owned by the state of Wisconsin which are under the management, supervision and control of the department.
Lands under easement to or lease by the state of Wisconsin which are under the management, supervision and control of the department.
On lands the department owns but are under the supervision, management and control of another entity pursuant to lease or easement, the department may, as part of the lease or easement, waive its jurisdiction in whole or in part under this chapter.
NR 45.02 History
Cr. Register, December, 1983, No. 336
, eff. 1-1-84; r. and recr. Register, December, 1999, No. 528
, eff. 1-1-00.
In this chapter, the following definitions apply:
“Adult group" means a group made up of adult members (18 years of age and older) of an established organization. Adult groups may include families.
“Backpack campsite" means an area designated for camping that has no modern facilities, such as showers or flush toilets located nearby, nor vehicle or watercraft access to or near the area, and to which all over-night supplies are carried or transported to the site by means other than a motorized vehicle.
NR 45.03 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.
“Camp" or “camping" means the use of a shelter such as a tent, trailer, motor vehicle, tarpaulin, bedroll or sleeping bag for temporary residence or sleeping purposes.
“Camper day" means the period beginning at 3:00 p.m. and ending at 3:00 p.m. the following day.
“Camping party" means any individual, family or non-family group occupying a campsite.
“Camping permit" means any permit for camping overnight that requires registration and payment of a daily
“Camping unit" means any single shelter except sleeping bags and hammocks used for a camp by a camping party except those used exclusively for dining purposes.
“Campsite" means a segment of a campground which is designated for camping use by a camping unit or camping party.
“Climbing activity" includes any of the following:
Ascending or descending steep rock walls, ice walls or artificial structures, usually with the assistance of specialized rock climbing equipment including ropes, webbing and carabiners.
Practicing the use of specialized rock climbing equipment near the ground.
“Crops" means any vegetation planted as an agricultural commodity or for other use as part of a farming operation, or vegetation planted for personal consumption or aesthetics, such as a vegetable or flower garden.
“Department" means the state of Wisconsin department of natural resources.
“Dispersed camping area" means an area where camping is authorized but there are no designated campsites.
“Dog sled" means any vehicle that glides on runners or wheels and is designed or used for conveying cargo or people and to be pulled by dogs.
“Dual-sport motorcycle" means a street-legal motorcycle that meets the definition of a Type 1 motorcycle in s. 340.01 (32)
, Stats., and can be ridden to varying degrees off-road, and is designed by the manufacturer for both on and off-road use.
“Edible fruits" means fleshy fruits from plants including apples, plums, pears, blueberries, raspberries, blackberries, juneberries, and strawberries that are harvested for human consumption. It does not include the seeds, roots or other parts of herbaceous plants such as wildflowers or grasses.
“Edible nuts" means walnuts, hickory nuts, acorns and other similar nuts from trees and shrubs.
“Equine" means any horse, pony, donkey or hinny.
“Family" means a parent or parents with their unemancipated children and not more than 2 guests.
“Family campground" means any tract of land designated for camping by families or groups of 6 persons or less.
“Group campground" means a campground designated for use by juvenile or adult groups.
“Juvenile group" means a group made up of juvenile members of an established organization and under the leadership of at least one competent, mature adult for each 10 juveniles in the group and using any number of camping units or occupying a group campground.
“Non-family group" means any 6 or less individuals who do not meet the definition of family.
“Northern flowage properties" means the Turtle-Flambeau and Willow Flowage scenic waters areas, and the Chippewa flowage.
“Northern state forests" means the Black River, Brule River, Coulee Experimental, Flambeau River, Governor Knowles, Northern Highland, American Legion and Peshtigo River state forests.
“Occupy," “occupied" or “occupying" means the camping unit, such as a tent, trailer or RV, is set up in a useable condition and for persons staying at the South Trout Lake, Plum Lake, Firefly Lake, Crystal Lake, Muskie Lake, Carrol, Indian Mounds and Clear Lake campgrounds on the Northern Highland-American Legion state forest, includes the requirement that campers check in or register at a contact station.
“Organized climbing group" means a group engaged in rock climbing activities that is organized, sponsored, transported or supervised by a school, university, youth group, club, social organization, church, business, guide service or similar organization.
Any person afoot without the use of skis, skates or other similar devices.
Any physically disabled person in a wheelchair, either manually or mechanically propelled, or other low-powered mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric personal assistive mobility device.
“Physically disabled person” means a person who by reason of a physical impairment is a “qualified individual with a disability” as defined in 28 C.F.R. 35.104.
NR 45.03 Note
The procedures for DOT special identification cards are found in s. 343.51
, Stats., and ch. Trans 130
NR 45.03 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
) 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.
“Picnic area" means any tract of land developed and maintained for picnicking and containing not less than 5 picnic tables. Included in the definition of picnic area are adjacent playground and play field areas.
“Private schools" means institutions meeting the criteria of s. 118.165
“Proper self-registration" means depositing a completed envelope with accurate information and containing, at a minimum, the appropriate fees into a self-registration box upon entering a state park, trail, recreation area or forest.
“Range officer" means any department employee or person designated by the department to monitor activities on the shooting range.
“Registered camper" means a person camping on a campsite whose name is included on the camping permit for that campsite.
“Reservable remote camping" means a watercraft campsite on the Northern Highland-American Legion state forest that may have limited facilities such as pit toilets and fire rings that is reservable.
“Shooting Range” means a facility designated by the department that has target shooting with firearms, bows, or crossbows as its major purpose.
“Shoreline zones" means that area of sand or gravel beach from the water's edge to the first dune or to the tree line or other terrestrial vegetation, whichever is closest to the water's edge.
“Snowmobile" has the meaning specified in s. 340.01 (58a)
, Stats., and is considered to be a vehicle for the purposes of this chapter.
“Southern state forests" means Havenwoods state forest preserve, Point Beach state forest and all units of the Kettle Moraine state forests.
“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:
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.
Will take place during hours beyond normal property open hours.
Requires use of equipment or facilities not otherwise authorized for the proposed public use.
NR 45.03 Note
Section 23.27 (1) (h)
states “state natural area", unless otherwise limited, means any designated state natural area or dedicated state natural area.
“State park" or “state forest" means the area within the project boundary approved for the state park or state forest by the natural resources board.
“State trail" means a recreational trail designated by the department under s. NR 51.73
“Swimming beach" means any water area or adjacent land area designated as a swim area by standard regulatory markers or posted notice.
“Teepee" means a cone-shaped tent supported by poles which run from the ground through the apex of the cone, and is used for overnight camping by a family or non-family group.
“Vehicle" means any motor vehicle, trailer, semitrailer, or mobile home and is further defined in s. 340.01 (74)
, Stats. For purposes of this chapter, a snowmobile is considered to be a vehicle.
“Watercraft campsite" means a campsite along a waterway for use by persons traveling exclusively by watercraft.
“Water trail” means a recreational route on a waterway that has a network of public access points.
“Water view campsite" means a designated campsite in a state park or southern forest bordering on a body of water or with a scenic view of a body of water.
“Yurt" means a circular, tent-like structure supported on a lattice framework with a window or windows and a hinged door and is used for overnight camping by a family or non-family group.
NR 45.03 History
Cr. Register, December, 1983, No. 336
, eff. 1-1-84; renum. (2) to (17) to be (3) to (17) and (19) and am. (10) and (16), cr. (2) and (13), Register, August, 1986, No. 368
, eff. 9-1-86; renum. (18) and (19) to be (19) and (21), cr. (18) and (20), Register, March, 1992, No. 435
, eff. 4-1-92; renum. (3) to (18) and (21) to be (3) to (17) and (22) and am. (5), (6) and (21), cr. (18), Register, December, 1993, No. 456
, eff. 1-1-94; am. (6), renum. (9) to (22) to be (25), (9) to (13), (16) to (20) and (22) to (24) and am. (25), am. (11) and cr. (14), (15) and (21), Register, November, 1995, No. 479
, eff. 12-1-95; cr. (8m) and (21m), Register, December, 1999, No. 528
, eff. 1-1-00; CR 01-011
: cr. (8f) and (16m) Register April 2002 No. 556
, eff. 5-1-02; CR 03-035
: cr. (2m), (9f), (9m), (18m) and (26), am. (15) Register December 2003 No. 576
, eff. 1-1-04; CR 04-092
: cr. (6m), (9c), (9i), (9k), (14m), (15m), (16r), (16v), (18f), (18t) and (21g) Register April 2005 No. 592
, eff. 5-1-05; CR 07-026
: cr. (9g), (23m) and (27), am. (16) Register December 2007 No. 624
, eff. 1-1-08; CR 10-042
: cr. (3m) and (18k), am. (9i) and (15) Register December 2010 No. 660
, eff. 1-1-11; CR 16-001
: am. (3), (16v), cr. (18x), (21d), (25m) Register July 2017 No. 739
, eff. 8-1-17; CR 19-107: r. and recr. (16) Register July 2020 No. 775, eff. 8-1-20
No person may destroy, molest, deface, remove or attempt to remove any natural growth or natural or archaeological feature except as follows:
Edible fruits, edible nuts, wild mushrooms, wild asparagus, and watercress may be removed by hand without a permit for the purpose of personal consumption by the collector. Willow stems not larger than 2.5 inches in diameter, from species not listed under ch. NR 27
, may be collected for personal noncommercial use by the collector for purposes such as trap stakes, with the property manager's approval.
NR 45.04 Note
Note: The collection of seeds from herbaceous plants such as grasses and wildflowers is not allowed without written authorization from the department.
Herbaceous plant species that are listed as prohibited plant invasive species under s. NR 40.04 (2) (b)
or listed as restricted plant invasive species under s. NR 40.05 (2) (b)
may be removed without a permit issued under this chapter.
Rocks, minerals or fossil materials may be collected for noncommercial purposes, such as educational uses and personal collections, by hand or using a hand held rock hammer or similar device in accordance with the terms of a written permit issued by the manager of the property on which the collecting is done. A collector may not remove more than 5 pounds of rock, mineral or fossil material per day from any property with a maximum total of 50 pounds per year. The permit may further limit the allowable methods and amounts of material collected.
Notwithstanding subd. 3.
, no person may collect rocks, minerals or fossil materials on state natural areas, state wild rivers, state parks, state trails, Havenwoods state forest preserve, state recreation areas, Point Beach and Kettle Moraine state forests, and any specific site which is designated as a noncollection site by the department.