NR 65.02(19)
(19) “
Project” means the practices or activities for which funds are applied under this chapter.
NR 65.02(20)
(20) “
Project period” means the period of time specified in the project agreement during which all work shall be completed.
NR 65.02(21)
(21) “
Project scope” means the part of the grant agreement that succinctly describes the extent or range of what the project will accomplish.
NR 65.02(22)
(22) “
Regulatory sign” means a sign placed under the authority of a unit of government which limits the operation of an off-highway motorcycle.
NR 65.02(23)
(23) “
Trail connector” means an off-highway motorcycle trail that connects one trail to another trail or services.
NR 65.02 History
History: Cr.
Register, March, 1978, No. 267, eff. 4-1-78;
CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; correction in (1), (8) made under s.
35.17, Stats.,
Register July 2020 No. 775.
NR 65.025
NR 65.025 Definitions of statutory terms. As used in s.
23.335, Stats.:
NR 65.025(1)
(1) “
Brake” means an operational device for stopping a vehicle.
NR 65.025 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; (title) amended under s.
13.92 (4) (b) 2., Stats.,
Register July 2020 No. 775.
NR 65.03(1)(a)(a) An off-highway motorcycle that is not registered pursuant to
s.
23.335 (2) (a),
Stats.,
or
is
not
exempt
from
registration
under s.
23.335 (2) (b) 3., Stats., or par.
(b) is exempt from out-of-state registration while operating on an off-highway motorcycle corridor if the off-highway motorcycle displays a current Wisconsin off-highway motorcycle nonresident trail pass and has not been in Wisconsin for more than 15 consecutive days.
NR 65.03(1)(b)
(b) All of the following off-highway motorcycles are exempt from registration and trail pass requirements in s.
23.335 (2), Stats., when used for maintenance, enforcement, or emergency purposes:
NR 65.03(1)(b)1.
1. Any off-highway motorcycle owned or leased by the United States, another state, or a political subdivision thereof, provided the name of the owner or lessee is displayed in a visible manner on the exterior of the off-highway motorcycle.
NR 65.03(1)(b)2.
2. Owned or leased by the state or a political subdivision of the state.
NR 65.03 Note
Note: Wisconsin Department of Transportation registration requirements may still apply for highway use.
NR 65.03(1)(c)
(c) Department-owned or leased motorcycles may be registered at no cost.
NR 65.03(1)(d)
(d) All off-highway motorcycles are exempt from the trail pass requirements until April 1, 2021.
NR 65.03(2)
(2)
Expiration. A temporary operating receipt issued under s.
23.335 (4) (c) 4., Stats., and a temporary trail use receipt issued under s.
23.335 (6) (e), Stats., shall be valid only during the term stated on the receipt.
NR 65.03 Note
Note: Off-highway motorcycles owned by nonresidents and operated in Wisconsin on a designated off-highway motorcycle route are required to be registered. If their home state does not offer off-highway motorcycle registration, the off-highway motorcycle must be registered in Wisconsin.
NR 65.03 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a), (b) (intro.) made under s.
35.17, Stats., and correction in (1) (d) made under s.
13.92 (4) (b) 14., Stats.,
Register July 2020 No. 775.
NR 65.04(1)(1)
No person may operate an off-highway motorcycle contrary to a regulatory sign.
NR 65.04(2)
(2) No operator or passenger of an off-highway motorcycle may possess any bottle or receptacle containing alcoholic beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released while the off-highway motorcycle is being operated.
NR 65.04(3)
(3) No operator or owner may deny inspection or refuse to operate his or her off-highway motorcycle in a manner prescribed by a law enforcement officer who reasonably suspects a violation of off-highway motorcycle equipment requirements found in s.
23.335 (17), Stats.
NR 65.04 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.05
NR 65.05
Off-highway motorcycle noise emissions and testing. No person may
manufacture,
sell,
rent
or
operate
an
off-highway motorcycle that is constructed or altered in a manner that noise emitted from the off-highway motorcycle exceeds 96 decibels on the A scale when measured in the manner prescribed in the revised 2017,
Society
of
Automotive
Engineers
Standard
J1287,
titled
Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles.
NR 65.05 Note
Note: Copies of the Society of Automotive Engineers (SAE) Standard J 1287 titled, “Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles,” revised 2017, are available for inspection at the Department of Natural Resources, 101 South Webster St., Madison, Wisconsin 53703; and the Legislative Reference Bureau, 1 E. Main St., Ste. 200; Madison, Wisconsin 53703; and for purchase at the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, Pennsylvania, 15096 (412-776-4841,
http://webstore.ansi.org/).
NR 65.05 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.06
NR 65.06
Instruction for rental of off-highway motorcycles. The provider of the course of instruction required under s.
23.335 (7) (a) 1., Stats., shall do all of the following:
NR 65.06(1)
(1)
Inform the renter of the requirement that a valid registration decal shall be displayed on the off-highway motorcycle.
NR 65.06(2)
(2)
Provide the renter with off-highway motorcycle safety information, advise the renter of local off-highway motorcycle rules and information, and review the controls of the off-highway motorcycle and off-highway motorcycle rules of operation.
NR 65.06 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.07
NR 65.07
Public education program. The public education program required by s.
23.335 (12) (L), Stats., shall include an informational pamphlet that summarizes the prohibitions and penalties of operating while intoxicated for off-highway motorcycles. Signs shall be developed summarizing the prohibition of operating off-highway motorcycles while intoxicated.
NR 65.07 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.08
NR 65.08
Safety certification program fees. The fee for a safety certification course conducted online shall be determined through a memorandum of understanding with the provider of the online course. The fee for a safety certification course conducted by an instructor in person shall be no more than $10 of which the instructor may retain no more than 50 percent.
NR 65.08 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.09
NR 65.09
Uniform sign standards. NR 65.09(1)
(1)
Signs for off-highway motorcycle routes on highways, designated
for
use
by
the
governmental
unit having jurisdiction as authorized under s.
23.335 (19), Stats., shall meet all of the following
requirements:
NR 65.09(1)(a)
(a) The off-highway motorcycle route sign shall have a reflectorized white
symbol,
border
and
message
on
a
reflectorized
green
background. The sign, including the three-line message
“
OFF-HIGHWAY MOTORCYCLE ROUTE”, shall conform to the standard design on file with the department of transportation.
NR 65.09 Note
Note: The following is an example of a sign meeting these requirements:
NR 65.09 Note
Note: For information on whom to contact for the construction of signs for off-highway motorcycle routes, contact the local governmental unit maintaining the highway.
NR 65.09(1)(b)
(b) The
standard
and
size
of
an
off-highway motorcycle route sign shall
be 18 inches by 24
inches with a white border of .625 inches.
NR 65.09(1)(c)
(c) An off-highway motorcycle route sign with directional arrow, where appropriate,
shall be placed at the beginning of an off-highway motorcycle
route
and
at
such
locations
and
intervals
as
necessary to enable off-highway motorcycle operators to follow the
route.
NR 65.09(2)
(2)
Signs for off-highway motorcycles on trails designated for use by the governmental agency having jurisdiction shall be placed at the beginning of an off-highway motorcycle
trail
and
at
such
locations
and
intervals
as
necessary to enable off-highway motorcycle operators to follow the
trail and shall meet all of the following requirements:
NR 65.09(2)(a)
(a) The off-highway motorcycle trail signs shall have an activity icon that is a white symbol of a motorcycle rider on an off-highway motorcycle on a brown background.
NR 65.09(2)(b)
(b) The activity icon shall be 6 inches by 6 inches when used on a double-track trail and at least 3 inches by 3 inches when used on a single-track trail.
NR 65.09 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.10(1)
(1)
The department shall fund the safety grant program of s.
23.335 (15), Stats., at a rate of $1.00 per registration. Except as provided in sub.
(2), this grant program is unique and separate from the grant program under s.
NR 65.11. Grants may be made for a period of up to 2 years and may be renewed for additional 2-year periods. Applicants shall apply on forms prescribed by the department. Applications shall be evaluated on completeness in meeting the requirements of s.
23.335 (15), Stats.
NR 65.10 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; correction in (1) made under s.
35.17, Stats.,
Register July 2020 No. 775.
NR 65.11
NR 65.11
Off-highway motorcycle project grants. NR 65.11(1)(1)
After consulting with the off-highway motorcycle council, the department shall distribute off-highway motorcycle project funds for eligible projects under s.
23.335 (20), Stats., based on a priority system according to the following priority ranked purposes:
NR 65.11(1)(a)
(a) Maintenance of existing off-highway motorcycle trails. Maintenance shall include annual inspection of the trail, removal of brush and deadfalls, posting of signs and trail routes, clearing of culverts, minor repairs of bridges and planking, and minor repairs to bridge approaches. Maintenance may include the purchase of liability insurance, the acquisition of easements, leases, and permits for a period of up to 3 years, filling and grading of trail surfaces, and the removal of trees.
NR 65.11(1)(b)
(b) Maintenance of existing off-highway motorcycle facilities.
NR 65.11(1)(c)
(c) Major rehabilitation of existing off-highway motorcycle trails and off-highway motorcycle facilities.
NR 65.11(1)(d)
(d) Development of new off-highway motorcycle trails and facilities on publicly-owned land.
NR 65.11(1)(e)
(e) Development of trails and facilities on privately-owned land using a lease or easement.
NR 65.11(1)(f)
(f) Acquisition of land for off-highway trails and facilities.
NR 65.11(1)(g)
(g) Signage of off-highway motorcycle routes which provide access to off-highway motorcycle trails.
NR 65.11(2)
(2)
All eligible projects in which the only designated motorized use is for off-highway motorcycles shall be funded before projects that are shared with other motorized users.
NR 65.11(3)
(3)
Grant awards shall be distributed based on the ranking determined by subs.
(1),
(2) and
(4).
NR 65.11 Note
Note: Grant awards are available for lower-ranked projects only if all eligible projects of a higher priority have been funded.
NR 65.11(4)
(4)
In ranking and processing grant applications within each paragraph of sub.
(1), the department shall consider the factors listed in s.
23.335 (20) (c) 1. to
4., Stats.
NR 65.11 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) made under s.
35.17, Stats.,
Register July 2020 No. 775.
NR 65.12
NR 65.12
Grantee accountability. NR 65.12(1)(a)(a) All grantees shall conform to generally accepted accounting principles and practices during the implementation of a project funded under this chapter. If a grantee receives a grant advance from the department, the grantee shall maintain project grant funds in a separate account. If interest is earned on the account, that interest must be used for the same purposes for which the department originally awarded the grant. Grantees shall document all project costs and maintain documents to support grant expenditures in sufficient detail to show that project costs are consistent with the grant agreement awarded by the department. Grantees shall maintain all financial records for a period of 6 years after the date on which the department issues final payment and make these financial records available to the department upon request. Financial records include all of the following:
NR 65.12(1)(a)2.
2. Records showing volunteer time, professional services, and supplies.
NR 65.12(1)(a)5.
5. Any documents not listed in subds.
1. to
4. that support project costs claimed by the grantee.
NR 65.12(1)(b)
(b) Grantees shall comply with all applicable state and federal laws and regulations regarding cost-containment, bidding, contract awards, and wage and labor rates.
NR 65.12(2)
(2)
Reimbursement. Grantees shall submit to the department a request for reimbursement on forms provided by the department. Grantees shall submit a request for final reimbursement no later than 6 months after the end of the grant period specified in the grant agreement. Grantees are eligible for reimbursement only for project costs incurred during the grant period. The department may require the grantee to submit a final report and shall not issue final reimbursement until the final report is received and approved by the department.
NR 65.12(3)
(3)
Amendments. Grantees may request, in writing and during the life of the grant agreement, a grant agreement amendment for changes to project scope or approved expenditures or for an extension of the grant period. In evaluating the grantee's request, the department shall consider justification provided by the grantee and availability of funds. The department shall respond to the grantee's request for the grant agreement amendment in writing. Grant amendments for off-highway motorcycle project grants may not be used to alter the project priority established under s.
NR 65.11.
NR 65.12(4)
(4)
Audit. The department may conduct an audit of any grantee records required under sub.
(1) for a grant award at any time during the project period and for up to 6 years after the department has issued final payment. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that payment was made in error.
NR 65.12(5)
(5)
Default and termination. A grantee's failure to abide by the terms of a grant agreement renders the grantee ineligible to apply for a future grant under this chapter, until the grantee corrects the impairment and the department determines that the grantee is once again operating in accordance with the terms and conditions of the original grant agreement. Failure of a grantee to comply with one or more terms of the grant agreement issued under this chapter may result in termination of the agreement and the suspension of all obligations of the department. Grant agreements may also be terminated by the department if a grantee fails to make satisfactory progress on activities approved for grant funding, fails to complete the project to the satisfaction of the department, or makes project changes in a project scope or budget without department approval.
The department will notify any grantee not in compliance with a grant agreement, in writing, and allow 30 days for the grantee to pursue corrective action. If corrective action does not address department concerns, the department may
issue a final termination letter to the grantee, including the reason for termination. Upon termination of a grant agreement, the department may require the grantee to reimburse the department for any grant funds the department deems appropriate. If the compliance failure is determined by the department to be due to no fault of the grantee, the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department's discretion.
NR 65.12 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) (intro.) made under s.
35.17, Stats.,
Register July 2020 No. 775.
NR 65.13
NR 65.13
Cost-share percentages and maximum grant award amounts. Grants awarded by the department under this chapter may cover up to 100 percent of total eligible project costs. The grantee shall be responsible for any portion of project costs more than the grant award amount.
NR 65.13 History
History: CR 19-107: cr.
Register July 2020 No. 775, eff. 8-1-20.
NR 65.14(1)(1)
The department shall establish application deadlines under this chapter and publish those deadlines on the appropriate grant web page on the department's website at least 90 days before the application deadline. Applicants must apply for grant assistance on forms provided by the department.
