Register February 2023 No. 806
Chapter NR 65
ADMINISTRATION OF OFF-HIGHWAY MOTORCYCLE (OHM) PROGRAM
NR 65.01 Eligible units of government.
NR 65.025 Definitions of statutory terms.
NR 65.04 Operating rules.
NR 65.05 Off-highway motorcycle noise emissions and testing.
NR 65.06 Instruction for rental of off-highway motorcycles.
NR 65.07 Public education program.
NR 65.08 Safety certification program fees.
NR 65.09 Uniform sign standards.
NR 65.10 Safety grant program.
NR 65.11 Off-highway motorcycle project grants.
NR 65.12 Grantee accountability.
NR 65.13 Cost-share percentages and maximum grant award amounts.
NR 65.15 Eligible and ineligible costs.
NR 65.17 Priorities and funding consideration.
NR 65.18 Grant awards; general procedures.
NR 65.20 Conditions for grant agreements.
NR 65.21 Grantee reporting.
NR 65.22 Eligible and ineligible projects for land acquisition.
NR 65.23 General grant conditions when interests in land are acquired.
NR 65.25 Grant award for land acquisition projects.
Ch. NR 65 Note
Note:
Chapter NR 65 as it existed on July 31, 2020, was repealed and a new chapter NR 65 was created effective 8-1-20.
NR 65.01
NR 65.01
Eligible units of government. This chapter establishes standards for the implementation of the off-highway motorcycle program under s.
23.335, Stats.
NR 65.01 History
History: CR 19-107: cr.,
Register July 2020 No. 775, eff. 8-1-20.
NR 65.02
NR 65.02
Definitions. In this chapter:
NR 65.02(1)
(1) “
Acquisition costs” means the fair market value of the interest in land and reasonable costs related to the purchase of the property, but limited to the costs of appraisals, legal fees associated with closing up to a maximum of $1,000, land surveys, title and gap insurance costs, title company closing costs, recording fees, historical and cultural assessments required by the department, the cost of environmental inspections, and audits. “Acquisition costs” does not include environmental clean-up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in this subsection.
NR 65.02(2)
(2) “Activity icon” means a pictogram symbol used on maps and signs to provide a common, nonverbal language to transmit that off-highway motorcycle use is allowed. A red slash over the icon indicates the prohibition of the activity.
NR 65.02(3)
(3) “
Applicant” means the unit of government or agency applying for a grant under this chapter.
NR 65.02(4)
(4) “
Department” means department of natural resources.
NR 65.02(5)
(5) “
Development” includes the planning of a new trail or facility, including bridges, and construction of a trail or facility, including grading, signing, and bridges.
NR 65.02(6)
(6) “
Final payment” means the last payment from the department to the grantee for a grant awarded under this chapter after the project has been completed to the satisfaction of the grant agreement or contract.
NR 65.02(7)
(7) “
Final report” means a written account of project activities, accomplishments, and any obstacles encountered, along with all data collected.
NR 65.02(8)
(8) “
Fringe benefits” means employers' contributions or expenses for social security, employee life and health insurance plans, unemployment insurance coverage, worker's compensation insurance, pension retirement plans, and employee benefits in the form of regular compensation during authorized absences from the job.
NR 65.02(9)
(9) “
Grant advance” means the portion of the grant award paid to the grantee after returning a signed grant agreement and prior to project implementation.
NR 65.02(10)
(10) “
Grant agreement” means a contract between the grantee and the department detailing project scope, grant award, grant period, department cost share, project products, reimbursement process, and conditions that restrict actions of the grantee during the life of the project and during the operation and maintenance phase once the final payment has been issued by the department.
NR 65.02(11)
(11) “
Grant award” means the dollar amount awarded to the grantee by the department and available to the grantee for reimbursement of eligible project costs.
NR 65.02(12)
(12) “
Grant period” means the time period stated in the grant agreement during which the grantee may expend grant program funds for the project.
NR 65.02(13)
(13) “
Grantee” means an eligible organization that receives a grant from the department under this chapter.
NR 65.02(14)
(14) “
Hybrid trail” means an off-highway motorcycle trail and route combination that allows limited use off-highway motorcycles and motor vehicles to utilize the same linear surface and the combination is used as a trail connector.
NR 65.02(15)
(15) “
Interest in land” includes fee title, easement, and lease.
NR 65.02(16)
(16) “
Maintenance” means the activities associated with establishing and keeping a trail safe and enjoyable for use.
NR 65.02(17)
(17) “
Major rehabilitation” means repair projects on a larger scale than annual or routine maintenance and which requires additional funds above the mileage rate allowed under s.
NR 65.15 (1) (a).
NR 65.02(18)
(18) “
Off-highway motorcycle facility” has the meaning given in s.
23.335 (20) (b) 2., Stats., but does not include a trail, hybrid trail or route.
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.
