DRAFT #2
06/13/2019
ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Department of Natural Resources proposes an order to amend NR 45.05 (3) (h), relating to property management regulations; and to repeal and recreate NR 45.03 (16), 45.05 (5), and 65, and to create NR 65, relating to the off-highway motorcycle program.
CF-19-17
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Sections 23.335 (1) (zdm), 23.335 (2) (b) 5., 23.335 (6) (b), 23.335 (6) (d) 3., 23.335 (7) (c), 23.335 (9) (a) 10., 23.335 (12) (L) 1, 23.335 (14), 23.335 (19) (e), 23.335 (17) (c), 227.11, 27.01 (2) (j), 23.335 (19) (a), Stats. 2. Statutory Authority: Sections 23.335 (1) (zdm), 23.335 (2) (b) 5., 23.335 (6) (b), 23.335 (6) (d) 3., 23.335 (7) (c), 23.335 (9) (a) 10., 23.335 (12) (L) 1, 23.335 (14), 23.335 (19) (e), 23.335 (17) (c), 227.11, 27.01 (2) (j), 23.335 (19) (a), 23.09 (26), 227.11, Stats. 3. Explanation of Agency Authority: Sections 23.335 (1) (zdm), 23.335 (2) (b) 5., 23.335 (6) (b), 23.335 (6) (d) 3., 23.335 (7) (c), 23.335 (9) (a) 10., 23.335 (12) (L) 1., 23.335 (14), 23.335 (19) (a) (e), 23.335 (17) (c), 27.01 (2) (j), and 227.11, Stats., all provide explicit rule writing authority for the implementation of the off-highway motorcycle program. Sections 27.01 (2) (j) and 227.11, Stats., provide additional authority to implement the program. 4. Related Statutes or Rules: Section 23.33, Stats., and ch. NR 64, Wis. Adm. Code, relating to all-terrain vehicles (ATVs). 5. Plain Language Analysis: Chapter NR 65, Wis. Adm. Code, establishes standards for the implementation of an off-highway motorcycle (OHM) program, including safety, enforcement and trail aid grant programs. This rule defines OHM terms not included in s. 23.335 (1), Stats., creates a purpose section, clarifies registration and trail pass procedures, and contains other administrative procedures needed for implementation. Section-by-section details of this rule order are outlined below:
Section 1. Amends the definition of OHM in the department’s property management regulations, ch. NR 45, Wis. Adm. Code, to make it consistent with s. 23.335 (1) (q), Stats. Section 2. Establishes standards and procedures for designating OHM routes and trails on department lands.
Section 3. Eliminates provisions duplicated by s. 23.335, Stats., and continues the three existing helmet requirements for state lands, except for state-owned routes for operators and passengers age 18 or older. Section 4. Creates a purpose and applicability section.
Section 5. Creates a definition section to define terms used in the rule.
Section 6. Expands the statutory list of OHMs that are exempt from registration.
Section 7. Supplements the rules of operation found in s. 23.335 (10), Stats. Section 8. Adopts a measurement scale for noise violations.
Section 9. Creates minimum standards for instruction to be given to first time operators of a rented or leased OHM.
Section 10. Creates a program of public education that would inform the public of the prohibitions and penalties for intoxicated operation, provide for the development of signs explaining the intoxicated operation law and develop and issue an educational pamphlet on the intoxicated operation law.
Section 11. Creates an instructional fee for the safety certification program and the portion of the fee that may be retained by the instructor.
Section 12. Creates uniform signs and standards for routes and trails.
Section 13. Creates a system to allocate the appropriations under s. 20.370 (1) (jb), Stats., between the safety grant of s. 23.335 (15), Stats., and the enforcement activity and project funding of s. 23.335 (20), Stats. Section 14. Creates a priority system for evaluating grant applications.
Section 15. Creates accountability requirements for grantees.
Section 16. Provides that the department may fund up to 100% of total costs for grant eligible OHM projects.
Section 17. Describes the application process.
