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) 3. and 5., 23.335 (6) (b), 23.335 (6) (e) 3., 23.335 (7) (c), 23.335 (8) (c), 23.335 (9) (a) 10., 23.335 (12) (L) 1., 23.335 (14), 23.335 (19) (e), 23.335 (17) (b) 1. and (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) (e) 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 (2) (b) 5., 23.335 (6) (b), 23.335 (6) (e) 3., 23.335 (7) (c), 23.335 (9) (a) 10., 23.335 (12) (L) 1., 23.335 (14), 23.335 (19) (a), 23.335 (19) (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 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. Creates a purpose and applicability section.
Sections 4 and 4m. Creates a definition section to define terms used in the rule and a separate section to define three terms used only in s. 23.335, Stats. Section 5. Expands the statutory list of OHMs that are exempt from registration.
Section 6. Supplements the rules of operation found in s. 23.335 (10), Stats. Section 7. Adopts a measurement scale for noise violations.
Section 8. Creates minimum standards for instruction to be given to first time operators of a rented or leased OHM.
Section 9. 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 10. Creates an instructional fee for the safety certification program and the portion of the fee that may be retained by the instructor.
Section 11. Creates uniform signs and standards for routes and trails.
Section 12. 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 13. Creates a priority system for evaluating grant applications.
Section 14. Creates accountability requirements for grantees.
Section 15. Provides that the department may fund up to 100% of total costs for grant eligible OHM projects.
Section 16. Describes the application process.
Section 17. Establishes eligible costs.
Section 18. Requires public access to funded projects.
Section 19. Describes the ranking and grant award process.
Section 20. Allows a grant award while permits are being processed.
Section 21. Establishes the timing of grant payments.
Section 22. Authorizes grant conditions.
Section 23. Requires grantee reporting.
Section 24. Determines eligible projects for land acquisition.
Section 25. Establishes grant conditions for land acquisition.
Section 26. Creates appraisal requirements for land acquisition.
Section 27. Creates grant award conditions for land acquisition.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: The federal government has one program that is similar to the Wisconsin OHM grant program: the Recreational Trails Program (RTP), 23 U.S.C. s. 26. This federal program provides grant funds for the acquisition, development, and rehabilitation of trails and structures (such as bridges and culverts) and maintenance of motorized, non-motorized, and mixed-use trails. The department has received RTP funds since the program’s creation in 1991 and often matches RTP grant funds from the motorized subprogram to Wisconsin motorized grant awards. The department has not yet determined how it will use RTP funds with the OHM grant program. In the RTP, maintenance and rehabilitation activities are the two highest priority categories for grant funding; these priorities are shared by the proposed Wisconsin OHM grant program.
7. Comparison with Similar Rules in Adjacent States: Illinois, Iowa, Michigan, and Minnesota all have trail grant programs for motorized users. Highlights of each are as follows:
Illinois: There is an off-highway vehicle fund which is available for the creation of trails for ATVs, UTVs or OHMs. There are no stated priorities. OHM parks are open to all users.
Iowa: There is an off-highway vehicle fund which is available for the creation of trails for ATVs, UTVs or OHMs. There are no stated priorities. OHM parks are open to all users.
Michigan: There is one grant program for all off-road recreational vehicles. The top priority is for existing facilities on a per mile basis. Special maintenance projects and restoration of damage caused by off-road vehicles, lease payments and new facilities are also eligible. Grant funding is available for up to 100% of the cost. Publicly funded trails are open to all types of off-road vehicles including OHMs. State forest roads are open to off-road vehicle use unless closed; approximately 89% are open.
Minnesota: There is one grant program for all off-road recreational vehicles. First priority is maintenance of existing trails; second priority is improvements or enhancements of existing trails or added mileage or trail connections to existing systems; and third priority is new trails, parking lots and other support facilities. There is a 35% local match requirement for acquisition and development and a 10% local match requirement for maintenance. Helmets are required for those under 18 on public lands and frozen waters.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The grant programs from other states were examined along with the department’s existing ATV grant program. The department did not conduct any further analysis since the rule is primarily intended to implement a grant program rather than to regulate small businesses.
