SECTION 28 repeals the rules for the shooting range at Yellowstone Lake wildlife area. These rules are no longer needed because of the general shooting range rules included in this administrative rule package.
SECTION 29 amends the property specific language for Flambeau River state forest for to improve clarity needed for the additional requirement added in SECTION 31.
SECTION 30 adds a provision requiring that unopened or empty beverage containers and litter be secured in a container fastened to watercraft that is launched or removed from designated launching sites on the Flambeau River state forest. This is similar to provisions on the Brule River within the Brule River state forest.
SECTION 31 repeals shooting range rules specific to the McMiller Sports Center in the southern unit Kettle Moraine state forest as this rule package contains general rule provisions for all shooting ranges on department owned or managed properties. This section also repeals the provision related to limitations on hunting and discharge of firearms on the Tuscobia state recreation trail due to Act 168 which expands hunting authority within state park and trail properties.
SECTION 32 creates the ability to close areas within Kohler Andre state park in Sheboygan County to swimming and scuba diving. This rule is needed to ensure visitor safety and prevent disturbance to park visitors who want to fish in the urban fishing pond.
SECTION 33 prohibits swimming and scuba diving in Quarry Lake and Puckett’s Pond within Harrington Beach state park. This rule is needed to prevent user conflicts on these small ponds and because the steep, rocky conditions are not conducive for safe entrance and egress to the water.
This section also states that jumping or diving into the waterway contrary to posted notice along the Red Cedar trail is prohibited. Codifying this allows for enforcement authority and will help to deter this unsafe activity.
SECTION 34 updates the language regarding the state trail system to be consistent the state statute regarding who the state trail system serves. The language eliminates the perception that use of trails on department lands is limited to equine, bikes, cross-country skis and hikers.
SECTION 35 creates a definition for water trails. This provides structure and authority for the new state water trail program approved by the Natural Resources Board.
SECTION 36 is consolidating the list of state trails to include ice age trail. The ice age trail was listed separately in s. 51.73(2), Stats. SECTION 37 codifies the Lake Michigan Water Trail, the first designated state water trail, as part of the state trail system.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations: There are no corresponding federal regulations governing the public’s use of Department of Natural Resource properties.
DNR is a public entity subject to Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq. and federal rules promulgated thereunder, 28 CFR Part 35. Federal rules (28 CFR § 35.137) require that public entities make reasonable modifications to policies, practices, or procedures to permit the use of power-driven mobility devices by individuals with disabilities. The restrictions on the number of days that camping is permitted on state-owned islands on the Mississippi River and a requirement that the campsites must be occupied daily and camping property may not be left unattended for over 24 hours were written to be consistent with the nearby island camping regulations on the Upper Mississippi National Fish and Wildlife Refuge.
Water trails are defined at the federal level as “recreational routes on waterways with a network of public access points supported by broad-based community partnerships. Water trails provide both conservation and recreational opportunities”. The definition proposed in this rule is intended to be a more concise version, consistent with the federal definition and intent. The national water trails system was established in 2012 via a Secretarial Order 3319 under the National Trail System Act, 16 USC 1241-51. The National Park Service has a very similar special event permitting system including superintendent review, charges a fee and has an established process in place.
7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota):
Water trails. Minnesota has specific legislation for their water routes program, which was enacted in 1963 (s. 85.32, MN Stats.). Maps show 4,529 miles of state water trails. Iowa’s state water trail system has 923 miles of designated state water trails and another 1,219 miles of potential study areas (potential state water trails). Minnesota has just begun forming a state water trails program and will be introducing authorizing legislation. Shelter rental costs vary from state to state. Most shelter in Illinois rent for $25. They tend to be open sided shelters but often are electrified. Michigan generally has four tiers of shelter prices - $35, $50, $75, and $100 related to the level of amenities. Minnesota shelter prices vary from $25 - $45.
Special event permits are required for the state parks in all surrounding states. Michigan has a $50 registration fee for a special use permit, with additional charges for events based on at least five different scoring criteria, including number of participants. Iowa is considering adding a nonrefundable administrative fee of $25 for all special event permit applications submitted, with additional charges based on type of event (there are 11 categories of state park/recreation area event applications). The administration fee will help to offset the cost of administering the online system and time spent reviewing and processing all applications. Administrative rules in Minnesota authorize the department to establish and charge fees for special events and commercial uses of state parks and forest lands. Fees are set to recoup the costs of developing, operating, and maintaining facilities necessary for the specified uses, or to prevent or mitigate resource impacts of those uses.
Illinois passed legislation in 2012 to regulate both electric and gas-powered bicycles similarly to and as a subset of non-motorized bicycles (previously treated similarly to other motor vehicles (e.g. cars)). This allows ILDNR & local units of government to restrict use and limits motors to less than 2 horsepower. Iowa passed legislation in 2006 to change the definition of bicycle to include a bicycle that has an electric motor of less than 1 horsepower (750 watts) and a maximum speed of 20 miles per hour. In Michigan motorized bicycles are included in the definition of a moped, unless it has a gearshift, more than 100cc engine displacement, or a top speed of more than 30 miles per hour, in which case they must be registered as a motorcycle. Minnesota passed legislation in 2012 whereby electric-assist bicycles are classified as a subset of bicycles and must meet certain vehicle safety standards and not have a motor exceeding 1,000 watts and a maximum speed of not more than 20 miles per hour. This legislation allows MNDNR & local units of government to restrict use.
8. Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen:
Proposals were based on recommendations from department staff to improve public use management, protect public safety and natural resources, implement certain fee authorities and clarify rule language. This rule revision did not necessitate the development of specific analytical methodologies.
9. Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report: No regulatory requirements on small business or the general public are being proposed. No comments were received during the economic impact solicitation period. For sections related to fees, department staff were asked to submit information based on usage trends and pertinent data when available. This information was utilized to develop a final draft economic impact report.
10. Effect on small business (initial regulatory flexibility analysis): These rules are applicable to users of department property and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24(3m) Stats. 12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Kathryn Fitzgerald
Department of Natural Resources
Bureau of Facilities and Lands
PO Box 7921
Madison WI 53707
Fax: (608) 267- 2750
Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet Website (registration required) at http://adminrules.wisconsin.gov. Section 1. NR 45.03 (3) and (16v) are amended to read:
NR 45.03 (3) “Bicycle” means every device propelled by the feet acting upon pedals and having one or more wheels has the meaning given in s. 340.01 (5), Stats. (16v) “Physically disabled person” means a person who has been issued a disabled registration plate or special identification card by the department of transportation for a disability that will last greater than one year or who has been issued an approval under s. 29.193, Stats., for a disability that will last greater than one year by reason of a physical impairment is a “qualified individual with a disability” as defined in 28 C.F.R. 35.104. Section 2. NR 45.03 (18x), (21d), and (25m) are created to read:
NR 45.03 (18x) “Established Shooting Range” means an existing facility that has target shooting with firearms, bows, or crossbows as its major purpose.
(21d) “Special event” means a temporary use of department property that includes an activity that is otherwise not authorized under this chapter or involves one or more of the following circumstances:
(a) 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.
(b) Placement of temporary structures or event apparatus.
(c) Sale or offering of beverages, food, or merchandise.
(d) Requires non-routine services of any department employee.
(e) Will take place during hours beyond normal property open hours.
(f) Requires use of equipment or facilities not otherwise authorized for public use.
(g) Requires event participation fees.
(25m) “Water trail” means a recreational route defined on a waterway with a network of public access points.
Section 3. NR 45.04 (1) (b) is amended to read:
NR 45.04 (1) (b) The department may close, by posted notice, any land, structure, or property owned or administered by the state of Wisconsin and under the management, supervision, and control of the department. Closure shall be for one or more activities to protect the public health, safety and welfare or for protection of the natural resources as determined by the Secretary. No person may enter or be in any building installation or area that may be locked or closed to public use or contrary posted notice without a written permit from the property superintendent.
