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)(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)(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)(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.
NR 64.14(6)(b)4.
4. All-terrain vehicle trails may not be routed over bodies of water. If stream crossings make bridging necessary, bridges shall be at least 8 feet wide clear of obstruction. If the bridge is located on an abandoned railroad grade, the bridge width shall be at least 10 feet clear of obstruction. The department shall determine the need for bridging or if fords or ice crossings may be used.
NR 64.14(6)(b)5.
5. Trails shall not be routed through wilderness areas, game preserves, winter browse areas, experimental stations, nurseries, or plantations.
WINTER USE TRAIL MARKER
SUMMER USE TRAIL MARKER
NR 64.14(6)(c)1.
1. Purpose: To delineate when the trail is available for all-terrain vehicle use during the year.
Size: 6 inches by 6 inches
Color: For winter use trails, the sign shall be a reflective white background, reflective brown border and symbol, and reflectorized words WINTER USE. For summer use trails, the sign shall have a reflectorized brown background, reflectorized white border and symbol, and reflectorized words SUMMER USE. For year-around use trails, the sign shall be split in half with the upper half using the winter design and colors and the lower half using the summer design and colors.
NR 64.14 Note
Note: The department considers signs with titles indicating "WINTER" or "SUMMER" to be the equivalent to signs with titles indicating "WINTER USE" or "SUMMER USE".
NR 64.14(6)(c)2.
2. The all-terrain vehicle symbol for permissive and restrictive signs shall be the same as under
subd. 1.
NR 64.14(6)(d)
(d) The department shall distribute aids for all-terrain vehicle area and trail development projects, including routes, considering the following criteria:
NR 64.14(6)(d)1.
1. All-terrain vehicle routes, areas and trails in counties where routes, areas, and trails are in short supply in comparison to demand.
NR 64.14(6)(d)2.
2. All-terrain vehicle routes and trails that provide connecting loops or origin-destination segments over dead end segments.
NR 64.14(6)(d)3.
3. All-terrain vehicle routes or trails that provide connections from one jurisdiction to another.
NR 64.14(6)(d)4.
4. All-terrain vehicle routes and trails that have potential for year round use.
NR 64.14(6)(d)5.
5. All-terrain vehicle routes, areas, trails, and bridges to be developed on publicly owned land or private land under a written easement, lease, permit, or other agreements for a minimum of 3 years or greater. The length of any easement, lease, permit or other agreement for the placement of a bridge on private land that is either developed or rehabilitated with funds under this chapter shall be for a period of at least 3 years if the total cost of the bridge is $50,000 or less. Any easement, lease, permit or other agreement for the placement of a bridge on private land that is either developed or rehabilitated shall be in writing. The length of any easement, lease, permit, or other agreement may be a factor in determining the amount of funds awarded under this chapter.
NR 64.14 Note
Note: The Off Road Vehicle Advisory Council will, at one of its duly-noticed meetings, consider public comment, develop criteria for easements, leases, or permits, and recommend these criteria to the department, including minimum year lease requirements beyond the required 3-year lease for bridge projects costing more than $50,000. The Council may meet with the Governor's Snowmobile Recreation Council to develop joint recommendations for easement criteria for joint snowmobile and ATV trails to the department. See online materials at
http://dnr.wi.gov/Aid/Meetings.html. Click on tab Off road vehicles.
NR 64.14(7)
(7) Maintenance. Local units of government and state or federal agencies shall be required to maintain all-terrain vehicle areas and trails developed on land receiving aids for acquisition or development.
NR 64.14(8)(a)(a) Any town, village, city, county, or state or federal agency may receive aids for up to 100 percent of eligible costs for the major rehabilitation of bridge structures or trail segments requiring significant improvements or repair.
NR 64.14(8)(b)
(b) For bridge rehabilitation projects that involve total deck replacement, the deck shall be reconstructed to be at least 8 feet wide and free from obstruction.
NR 64.14(8)(c)
(c) When a bridge rehabilitation project is located on an abandoned railroad grade and involves total deck replacement, the deck shall be reconstructed to be at least 10 feet wide and free from obstruction.
NR 64.14(8)(d)
(d) Sponsors of projects for major rehabilitation of a trail segment shall explain to the satisfaction of the department why the rehabilitation activities cannot be accomplished through the use of trail maintenance funds under
sub. (2).
NR 64.14(9)(a)1.1. Reimbursement of costs of development of all-terrain vehicle areas and trails shall be up to 100 percent of approved eligible project costs. Reimbursement of costs of development of hybrid trails
existing before August 1, 2012, shall be up to 100 percent of approved eligible project costs. Sponsors may request an advance payment of up to 75 percent of the signed contract amount for development.
NR 64.14(9)(a)2.
2. Development project costs may not be incurred until a project agreement has been approved by the department and the sponsor.
NR 64.14(9)(am)1.1. Reimbursement of costs of major rehabilitation of all-terrain vehicle bridges or trail segments shall be for not more than 100 percent of approved eligible project costs. Sponsors may request an advance payment of up to 75 percent of the signed contract amount for major rehabilitation.
NR 64.14(9)(am)2.
2. Major rehabilitation project costs may not be incurred until a project agreement has been approved by the department and the sponsor.
NR 64.14(9)(ar)1.1. Eligible costs for all-terrain vehicle bridge development and rehabilitation projects include all of the following: construction and replacement of entire structure including approaches and abutments, construction and repair to the superstructure of the bridge, construction and replacement of the entire deck and railings and construction and repair or construction and replacement of protective riprap around abutments or footings.
NR 64.14(9)(ar)2.
2. Costs that are not eligible for development and rehabilitation cost sharing include all of the following: construction and replacement of bridge railings only, decking and patching of decking, grading or minor repair to approaches, construction and bridge repairs to bring bridge structure within any existing codes, construction and reinforcement of bridge structures to accommodate weights in excess of 14,000 pounds and deck construction and replacement for the primary purpose of accommodating larger grooming equipment.
NR 64.14(9)(ar)3.
3. Cost sharing for the purchase and installation of prefabricated bridges shall be limited to structures with a maximum design load of 14,000 pounds.
NR 64.14(9)(ar)4.
4. Cost sharing for the purchase of materials and construction of bridges built on site by either contractors or clubs shall be limited to a maximum design load of 14,000 pounds unless there are circumstances that warrant a capacity greater than 14,000 pounds for no demonstrated increase in cost.
NR 64.14(9)(b)
(b) Payment of liability insurance costs for liability insurance purchased by a local unit of government for approved trails shall be 100 percent of eligible costs.
NR 64.14(9)(c)
(c) Sponsors may request advance payments of up to 50 percent of the project amount for maintenance. To be eligible for maintenance advance payments a sponsor shall have settled all maintenance claims from previous years.
NR 64.14(9)(d)
(d) Rehabilitation of hybrid trails
existing after August 1, 2012 and not receiving gas tax for a road on which all-terrain vehicles will also be traveling, at 50 percent, excluding structures.
NR 64.14(9)(dg)
(dg) Claims will be on a reimbursement basis except for development and maintenance project advances.
NR 64.14(9)(e)
(e) Sponsors shall be required to keep a separate account for all-terrain vehicle project costs.
NR 64.14(9)(f)
(f) Winter trail grooming rates shall be established annually by the department.
NR 64.14(9)(g)
(g) Equipment rates for other maintenance activities and trail development performed by force account or all-terrain vehicle clubs or organizations may not exceed the county machinery agreement established annually by the department of transportation.
NR 64.14(9)(h)
(h) Labor rates for other maintenance activities and trail development performed by all-terrain vehicle clubs or organizations shall be established annually by the department.
NR 64.14(9)(i)
(i) Labor rates for other maintenance activities and trail development by municipal employees or others included in a labor contract shall be as established by the contract.
NR 64.14(9)(j)
(j) Reductions in grant payments for failure to comply with the requirements of maintenance or development project agreements may be made on a case-by-case basis. A partial or total reduction in funds shall be preceded by specific written notification of conditions which were not met and include a timetable for improvement in performance. Continued failure to comply with the grant agreement within the prescribed timetable may result in a reduction of grant funds. The reduction shall be calculated based on a percentage of poor performance in relation to the total trail system included in the grant agreement.
NR 64.14(9)(k)
(k) The cost of producing trail maps is an eligible expense under a maintenance or development project.
