Chapter NR 64

NR 64.08(2) (2) Incapable of operating an all-terrain vehicle because of a physical or mental disability, or

NR 64.08(3) (3) Under the influence of fermented malt beverages, intoxicating liquor or controlled substances.

NR 64.08 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.085 NR 64.085 Refusal to allow testing. No operator or owner of any all-terrain vehicle may deny inspection or may refuse to operate his or her all-terrain in a manner prescribed by the law enforcement officer who reasonably suspects a violation of all-terrain equipment requirements found in s. 23.33, Stats.

NR 64.085 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

NR 64.09 NR 64.09 Safety certification program. The department shall establish a program of instruction on all-terrain vehicle laws, regulations, safety and related subjects. The program shall include the following:

NR 64.09(1) (1) The program may be conducted by instructors certified by the department or the department may establish a correspondence-type course.

NR 64.09(2) (2) The department shall procure liability insurance coverage for certified instructors for work within the scope of their duties under this section.

NR 64.09 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 00-110: r. (3) and (4) Register April 2002 No. 556, eff. 5-1-02.

NR 64.10 NR 64.10 Accident report confidential. No report required under s. 23.33 (7), Stats., to be filed with the department may be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department. This information will be provided solely to prove a compliance or failure to comply with the requirement that such a report be made.

NR 64.10 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.11 NR 64.11 Coroners and medical examiners to report: require blood specimen.

NR 64.11(1) (1) Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing to the department the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving an all-terrain vehicle and the circumstances of such accident.

NR 64.11(2) (2) In cases of death involving an all-terrain vehicle in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of a physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic and controlled substance content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each analysis to the department of health services. The department of health services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

NR 64.11 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1999, No. 528; corrections in (2) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.

NR 64.12 NR 64.12 Routes.

NR 64.12(1) (1) An all-terrain vehicle route may be established by a town, city, village or county by adopting an ordinance designating a highway as an all-terrain vehicle route and signing the highway in accord with s. 23.33 (8), Stats., and rules of the department.

NR 64.12(2) (2) A town, city, village or county may adopt an ordinance designating a state trunk highway or connecting highway as an all-terrain vehicle route if the department of transportation approves the designation.

NR 64.12(3) (3) A town, city, village or county may adopt an ordinance designating a sidewalk of a state trunk highway bridge as an all-terrain vehicle route with the approval of the department of transportation.

NR 64.12(4) (4) A town, city, village or county may designate a route as an all-terrain vehicle route during certain periods of the year and prohibit the operation of all-terrain vehicles on that route during other periods of the year.

NR 64.12(5) (5) All-terrain vehicle operation is not permitted on state trunk highways or connecting highways except as provided for under s. 23.33 (4), Stats., or sub. (2) or (3).

NR 64.12(6) (6) No person may operate an all-terrain vehicle on a restricted all-terrain vehicle route during any period of the year when the operation of all-terrain vehicles is prohibited.

NR 64.12(7) (7) Signs for all-terrain vehicle routes on highways, hybrid trails, and sidewalks designated for use by the governmental unit having jurisdiction as authorized under s. 23.33 (8), Stats., shall meet the following requirements:

NR 64.12(7)(a) (a) The all-terrain vehicle route sign shall have a reflectorized white symbol, border and message on a reflectorized green background. The sign, including the stylized all-terrain vehicle symbol and the word message “ATV ROUTE”, shall conform to the standard design on file in the department of transportation.

NR 64.12 Note Note: For information on whom to contact for the construction of signs for all-terrain vehicle routes, contact your DNR Regional Community Service Specialist shown online at http://dnr.wi.gov/files/PDF/pubs/cf/CF0023.pdf.

NR 64.12(7)(am) (am) The standard and minimum size of an all-terrain vehicle route sign shall be:

NR 64.12(7)(am)1. 1. For an all-terrain vehicle route sign on a hybrid trail that is not receiving gas tax funding: no smaller than 6 inches by 6 inches and no larger than 24 inches by 18 inches.

NR 64.12(7)(am)2. 2. For all other all-terrain vehicle route signs not identified in subd. 1., the minimum size shall be 24 inches by 18 inches.

NR 64.12(7)(b) (b) The directional arrow marker (M7 series) shall have a reflectorized white arrow and border on a reflectorized green background. The standard and minimum size of a directional arrow shall be 12 inches by 9 inches.

NR 64.12(7)(c) (c) An all-terrain vehicle route sign with directional arrow, where appropriate, shall be placed at the beginning of an all-terrain vehicle route and at such locations and intervals as necessary to enable all-terrain vehicle operators to follow the route.

ALL TERRAIN VEHICLE ROUTE SIGN AND ARROWS
(M-7 SERIES)

GREEN REFLECTORIZED BACKGROUND WITH WHITE REFLECTORIZED LETTERS, SYMBOLS, AND BORDER

NR 64.12(7)(d) (d) All-terrain vehicle route signing shall be done by or under the direction of and is the responsibility of the unit of government which designates the all-terrain vehicle route.

NR 64.12 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 11-050: am. (7) (intro.), (a), cr. (7) (am) Register July 2012 No. 679, eff. 8-1-12.

NR 64.13 NR 64.13 General aids provisions. The following provisions are applicable to the all-terrain vehicle aids program and law enforcement aids to counties.

NR 64.13(1) (1) Acquisition of real property shall be in accord with state guidelines for preparation of appraisals and relocation assistance.

NR 64.13(2) (2) Before development of certain public facilities begins, formal approval may be required from state agencies concerning health, safety or sanitation requirements.

NR 64.13(3) (3) Assistance may be given to develop leased real property provided control and tenure of such property is commensurate with the proposed development.

NR 64.13(4) (4) Donated labor, materials, land or other activities which do not result in an actual expenditure by the sponsor and indirect costs are not allowable in the claim.

NR 64.13(5) (5) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.

NR 64.13(6) (6) Actual costs of force account labor and equipment is allowable. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.

NR 64.13(7) (7) Where a machinery rate schedule is established by the department for both equipment and operator, the total of force account labor and equipment may not exceed the rate specified in the schedule.

NR 64.13(8) (8) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.

NR 64.13(9) (9) Claims for payment shall be submitted within 6 months of the project termination date.

NR 64.13(10) (10) 

NR 64.13(10)(a) (a) Except as provided in pars. (b) and (c), project expenditures shall be within the project period, project scope and project amount as shown on the project agreement.

NR 64.13(10)(b) (b) Expenditures for land acquisition made prior to entering into a project agreement may be reimbursed upon prior written approval of the department. To receive approval, the sponsor shall submit a written statement demonstrating a need to acquire land prior to the approval of a project agreement.

NR 64.13(10)(c) (c) Expenditures for necessary engineering or planning costs made prior to entering a project agreement may be reimbursed by the department.

NR 64.13(11) (11) A request for a project extension shall be submitted prior to the project termination date.

NR 64.13(12) (12) All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project shall be kept available for review by state officials for a period of 3 years after final payment.

NR 64.13(13) (13) Reasonable entrance or user fees may be charged to offset operation and maintenance costs of all-terrain vehicle use areas. Fees are subject to department review.

NR 64.13(14) (14) 

NR 64.13(14)(a) (a) The department may approve a variance from nonstatutory requirements of this chapter upon the request of a sponsor if:

NR 64.13(14)(a)1. 1. The department determines that the variance is essential to effect necessary grant actions or program objectives; and

NR 64.13(14)(a)2. 2. Special circumstances indicate that the variance is in the best interest of the program.

NR 64.13(14)(b) (b) In determining whether to grant a variance under par. (a), the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.

NR 64.13 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; renum. (10) to be (10) (a) and am., cr. (10) (b) and (c) and (14), Register, May, 1991, No. 425, eff. 6-1-91; am. (8), Register, December, 1999, No. 528, eff. 1-1-00.

NR 64.14 NR 64.14 All-terrain vehicle trail aid.

NR 64.14(1) (1) Distribution. The department shall distribute all-terrain vehicle project aids on the basis of a priority system according to the following priority ranked purposes;

NR 64.14(1)(a) (a) Maintenance of existing approved all-terrain vehicle areas and trails, including routes;

NR 64.14(1)(b) (b) Purchase of liability insurance;

NR 64.14(1)(c) (c) Acquisition of land by easement, lease or other agreements for the use of land;

NR 64.14(1)(d) (d) Major rehabilitation of bridge structures or trail segments;

NR 64.14(1)(e) (e) Acquisition of land in fee and development of new all-terrain vehicle areas and trails, including routes.

NR 64.14(2) (2) Trail maintenance. The department may provide state aid for trail maintenance costs equal to the approved eligible project costs which may not exceed:

NR 64.14(2)(a) (a) $100 per mile for winter maintenance. Trails eligible for winter maintenance shall be maintained and groomed for a total of not less than 2 months nor more than 6 months per year including the months of January and February.

NR 64.14(2)(b) (b) $600 per mile for summer maintenance. Trails eligible for summer maintenance shall be maintained for a total of not less than 3 months nor more than 8 months per year including the months of June, July, and August.

NR 64.14(2m) (2m) Maintenance of routes. The department may provide state aid up to 100 percent of the cost of the purchase of all-terrain vehicle route signs and arrows, trail crossing warning signs, and signs briefly explaining the intoxicated all-terrain vehicle operator law. All-terrain vehicle routes, whether a part of an approved all-terrain vehicle trail or not, are not eligible for per mile maintenance payments under sub. (2).

NR 64.14(2r) (2r) Maintenance funding of hybrid trails (“troutes”).

NR 64.14(2r)(a) (a) Hybrid trails existing before August 1, 2012. The department may provide state aid of up to 100 percent of the per-mile rate listed in sub. (2). Any hybrid trail that received funding under this chapter prior to August 1, 2012, and is posted with signs as a hybrid trail, shall continue to be eligible to receive the per-mile maintenance reimbursement rate under sub. (2) (a) or sub. (2) (b) or both. Any hybrid trail that received funding under this chapter prior to August 1, 2012, and is posted with signs as a hybrid trails, shall be eligible for rehabilitation costs of up to 100 percent of costs.

NR 64.14(2r)(b) (b) Hybrid trails existing on August 1, 2012 or later. All hybrid trails developed on August 1, 2012 or later, shall be posted with signs as hybrid trails and are eligible for funding under this chapter as follows:

NR 64.14(2r)(b)1. 1. For eligible applicants not receiving gas tax for a road on which all-terrain vehicles will also be traveling, not more than 50 percent of the per-mile rate as identified in sub. (2)

NR 64.14(2r)(b)2. 2. For eligible applicants receiving gas tax for a road on which all-terrain vehicles will also be traveling, the per-mile rate identified in sub. (2) minus the gas tax received, not to exceed 50 percent of rate in sub. (2).

NR 64.14(3) (3) Area maintenance. The department may provide state aid for maintenance of an all-terrain vehicle area equal to 50 percent of the approved eligible project costs to maintain the all-terrain vehicle area. Sponsors receiving maintenance aid for all-terrain vehicle areas from the motorcycle recreation program are not eligible for maintenance aid under the all-terrain vehicle aids program.

NR 64.14(4) (4) Proration. Should funds not be sufficient to satisfy the total request for a priority ranked purpose, i.e., either maintenance, insurance, or land acquisition, the funds shall be distributed to sponsors on a proportional basis for that purpose.

NR 64.14(5) (5) Acquisition.

NR 64.14(5)(a) (a) Eligibility. Any town, village, city, county, or state or federal agency may receive aids to purchase lands or secure easements, leases, permits or other appropriate agreements, written or oral, permitting use of private property for public all-terrain vehicle trails, facilities and areas.

NR 64.14(5)(b) (b) Fee simple. The cost of purchasing land in fee simple for all-terrain vehicles shall be based on the appraised value of the land.

NR 64.14(5)(c) (c) Easement or lease. For trail purposes, the width of the all-terrain vehicle right-of-way may not exceed one rod. The easement or lease shall contain, at a minimum, the right to sign, right of limited construction, right to maintain, right of use by all-terrain vehicles and necessary trail grooming equipment. Cost sharing is limited to the minimum land area necessary for the all-terrain vehicle trail.

NR 64.14(5)(c)1. 1. All local units of government, state and federal agencies shall certify to the department that easements, leases, permits, or other appropriate agreements secured grant public access and use of the land for all-terrain vehicles. The local units, state or federal agencies shall maintain a current file of all easements, leases or permits which include the name of the property owner, description of the property, duration of the lease, easement or permit, and amount to be paid for the lease, easement or permit.

NR 64.14(5)(c)2. 2. The department may provide aid to pay $.10 cents per rod for easements or leases for an all-terrain vehicle trail.

NR 64.14(5)(c)3. 3. The cost of leasing land for all-terrain vehicles other than trail right-of-ways shall be based on the appraised value of the easement.

NR 64.14(6) (6) Development.

NR 64.14(6)(a) (a) Development shall begin within one year of the date land is acquired.

NR 64.14(6)(b) (b) All-terrain vehicle trail shall meet the following design requirements and specifications:

NR 64.14(6)(b)1. 1. The minimum cleared width for one way trails is 6 feet and the maximum is 8 feet.

NR 64.14(6)(b)2. 2. The minimum cleared width for two way trails is 10 feet and the maximum is 12 feet.