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.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: As the rule does not regulate small businesses in any way, the department expects that this rule will have no negative fiscal effect on small business.
Positive Economic Impact of the OHM Grant Program in Wisconsin
Due to the recent origin of the OHM program, the department does not have a great deal of information on the potential impacts of the OHM grant program. During the registration year ending on March 31, 2019, there were approximately 4,000 OHMs registered in Wisconsin. Income produced from registration varies year to year due to the two-year registration cycle. Thus far, the program has produced approximately $36,000 in FY 2017, $60,000 in FY 2018, and $41,500 in FY 2019. However, no grants have been given as of April 2019. The results of the proposed grant program are difficult to predict. However, the Wisconsin Statewide Outdoor Recreation Plan (SCORP) use survey from June 2017 showed that 7% of Wisconsin residents participated in riding motorcycles on trails and routes at least once per year. The testimony of the Wisconsin Off-Highway Motorcycle Association at the legislative hearing in support of 2015 Wis. Act 170, which created s. 23.335, Wis. Stats., cited a Colorado study, “Economic Contribution of Off-highway Vehicle Recreation in Colorado,” which indicates that average state resident household day trip expenditures for off-highway vehicle (OHV) users were about $111 and overnight trip expenditures about $315. A March 2004 executive summary of the report, “Economic & Demographic Profile of Wisconsin’s ATV Users,” by the Wisconsin Department of Tourism in conjunction with the Wisconsin ATV Association (WATVA) and the University of Wisconsin – Madison Extension Department of Urban & Regional Planning, showed $295.3 million was spent by ATV trail users during the period of June through October 2003. The report showed that 86% of ATV trail users were from Wisconsin. The total annual spending in Wisconsin by out-of-state ATV users was $34.7 million. While dated, these numbers still show that motorized off-highway recreation has a significant economic impact in Wisconsin.
10. Effect on Small Business (initial regulatory flexibility analysis): Off-highway motorcycle grants assist with the cost of construction, development, and maintenance of specific trails and facilities. Those trails draw riders and their disposable income. Small businesses located in the area of OHM trails benefit when trail users make purchases such as: fuel and other items at convenience stores; retail items; accommodations or lodging; sales of replacement vehicle parts; repair or maintenance of OHMs; rider clothing, protective gear, and accessories; food and drink at restaurants and other establishments.
11. Agency Contact Person:
Department of Natural Resources
Attn: Brigit Brown, Bureau of Recreation Management – PR/6
101 S. Webster Street
Madison, WI 53707
Phone: (608) 266-2183
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Department of Natural Resources
Attn: Brigit Brown, Bureau of Recreation Management – PR/6
101 S. Webster Street
Madison, WI 53707
Phone: (608) 266-2183
