NR 51.54 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.60
NR 51.60
Purpose. The purpose of this subchapter is to establish the administrative framework for the implementation of the state's stream bank protection program to protect water quality and fish habitat of streams.
NR 51.60 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am.
Register, June, 1994, No. 462, eff. 7-1-94.
NR 51.61
NR 51.61
Applicability. This subchapter applies to the department program to acquire property under s.
23.094, Stats., and to stream bank protection grants to nonprofit conservation organizations pursuant to s.
23.096, Stats.
NR 51.61 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am.
Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.62
NR 51.62
Definitions. In addition to the definitions in
s. NR 51.002, the following definition applies to this subchapter: “Management plan" means a written plan describing conditions and activities which shall be enforced and allowed on property acquired by the department under s.
23.094, Stats., and as defined in
s. NR 51.002 (17), for grant projects.
NR 51.62 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. (1), r. (3) and (4),
Register, June, 1994, No. 462, eff. 7-1-94; emerg. r. and recr. (intro.), am. (1) and (2), eff. 9-1-00;
CR 00-135: r. and recr. (intro.), am. (1) and (2),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.), (1), r. (2)
Register February 2012 no. 674, eff. 3-1-12; correction in numbering under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 51.63
NR 51.63
Priority stream identification. The department shall identify priority streams for department projects, using the following criteria, not listed in order of priority:
NR 51.63(1)
(1) The extent to which the water quality and fish habitat of the stream are threatened by urban or agricultural runoff. Streams shall satisfy this criterion to a reasonable extent to be considered further.
NR 51.63(2)
(2) The extent to which the threat to water quality and fish habitat of the stream can be protected through the acquisition of property. Streams shall satisfy this criterion to a reasonable extent to be considered further.
NR 51.63(3)
(3) Streams satisfying
subs. (1) and
(2) shall be further prioritized based on the following:
NR 51.63(3)(a)
(a) The extent to which the stream project provides protection of endangered or threatened resources including natural communities and habitat for rare species.
NR 51.63(3)(b)
(b) The inclusion of the stream in or adjacent to other department projects.
NR 51.63(3)(c)
(c) A determination by the department that the stream's riparian lands are enrolled in the federal or state programs specified in s.
23.094 (2) (c), Stats., or other federal or state programs that protect or enhance water quality or fish habitat.
NR 51.63 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (2), eff. 9-1-00;
CR 00-135: am. (2),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.64
NR 51.64
Management plans. The sponsor shall prepare a management plan for each stream or stream segment on which it intends to acquire stream bank property. Grant projects require a department approved management plan that will be incorporated by reference into the grant contract.
NR 51.64 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.65
NR 51.65
Land management conditions. NR 51.65(1)
(1) The following activities are prohibited on stream bank property acquired under this subchapter unless specifically approved by the department in the management plan:
NR 51.65(1)(a)
(a) Alteration of vegetative cover or other natural features.
NR 51.65(1)(c)
(c) Mowing, grazing or spraying the land with chemicals except to comply with noxious weed control laws in ss.
23.235 and
66.0407, Stats., or to control pests on an emergency basis when such control is necessary to protect public health.
NR 51.65(2)
(2) Whenever possible, the property shall include land within at least 66 feet from either side of the stream. Riparian wetlands and lands at least 66 feet from the edge of the wetland shall be included whenever possible.
NR 51.65(3)
(3) The department shall purchase and install or pay the cost of purchasing and installing fencing the department determines necessary to protect a stream for which an easement has been acquired.
NR 51.65(4)
(4) A landowner subject to an easement may be required to seed native grass or a grass-legume mixture on the land at rates determined by the department to establish and maintain perennial cover or to plant trees on the land subject to the easement.
NR 51.65(5)
(5) The department may allow installation and maintenance of management practices meeting USDA natural resource conservation service standards, such as cattle stream crossings, riprap and cattle watering areas, if the management practice does not conflict with the purpose of an easement.
NR 51.65(6)
(6) Public access to an eased area may be a condition of an easement if public use does not conflict with the purpose of the easement.
NR 51.65 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (1) (intro.), (2), (4) and (6), eff. 9-1-00;
CR 00-135: am. (1) (intro.), (2), (4) and (6),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (intro.), (5), (6)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.66
NR 51.66
Grants to nonprofit conservation organizations. The department may award grants to nonprofit conservation organizations to acquire property on stream corridors and within the watershed of the stream which meet the criteria established in
s. NR 51.63.
NR 51.66 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.70(1)(1) The purpose of this subchapter is to encourage and provide for the establishment of a system of state trails. Increasing demand for trail-based recreation, and promoting the preservation of public access to, travel within, and enjoyment and appreciation of the outdoor resources, will be provided by establishing state trails which are:
NR 51.70(1)(a)
(a) Near urban areas or near or within scenic, historic and culturally significant areas,
NR 51.70(2)
(2) The department may designate state trails that meet the purposes of s.
23.175, Stats., as a part of the state trail system. The department may provide for or assist in the acquisition of state trails by nonprofit conservation organizations, and enter into agreements with nonprofit conservation organizations or governmental units for
their development, administration and management.
NR 51.70(3)
(3) Water trails have the meaning given in
s. NR 45.03 (25m) and may be designated as part of the state trail system per s.
23.175 (2) (a), Stats. The purpose of state water trails is to provide information, education, and access, and to promote recreational opportunities.
NR 51.70 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; correction in (1) (intro.) made under s. 13.93 (2m) (b) 12., Stats.,
Register, June, 1994, No. 462; emerg. am. (2), eff. 9-1-00;
CR 00-135: am. (2),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (2)
Register February 2012 No. 674, eff. 3-1-12;
CR 16-007: am. (1) (intro.), cr. (3) Register July 2017 No. 739, eff. 8-1-17.
NR 51.71
NR 51.71
Applicability. The provisions of this section are applicable to all state trails established under s.
23.175, Stats., and the Ice Age Trail as established under ss.
23.17 and
23.293, Stats.
NR 51.71 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90.
NR 51.72
NR 51.72
Definitions. In addition to the definitions in
s. NR 51.002, the following definitions apply to this subchapter:
NR 51.72(1)
(1) “Ice age Trail" means the trail established under s.
23.17, Stats.
NR 51.72(2)
(2) “Certified" means the recognition and signing by the U.S. national park service of completed segments of the Ice Age Trail as provided for in the Ice Age national scenic trail comprehensive plan for management and use, national park service, 1983.
NR 51.72(2m)
(2m) “Managing cooperator" means the nonprofit conservation organization or governmental unit that owns or operates an acquisition as a state trail purchased with funds under this subchapter.
NR 51.72(3)
(3) “North Country trail" means the national scenic trail established under public law 96-199.16, USC 1244 (2) (8).
NR 51.72(4)
(4) “State trail system" means the recreational trails designated by the legislature or the department pursuant to
s. NR 51.73.
NR 51.72 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; emerg. r. (2), renum. (3) to (5) to be (2) to (4), eff. 9-1-00;
CR 00-135: r. (2), renum. (3) to (5) to be (2) to (4),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (2), cr. (2m)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.73(1)(1) The 400, Ahnapee, Badger, Bearskin, Buffalo River, Capital City, Cattail, Chippewa River, Devil's River, Eisenbahn, Elroy-Sparta, Fox River, Friendship, Gandy Dancer, Glacial Drumlin, Great River, Green Circle, Hank Aaron, Hillsboro, Ice Age Trail, La Crosse River, Mascoutin Valley, Military Ridge, Mountain-Bay, Newton Blackmour, Nicolet, North Country, Oconto River, Old Abe, Pecatonica, Red Cedar, Saunders, Stower Seven Lakes, Sugar River, Tomorrow River, Tuscobia, White River, Wild Goose, Wild Rivers, Wiouwash, and Wolf River, trails are designated as state trails, and others as designated by the department.
NR 51.73(2)
(2) The Lake Michigan State Water Trail is a designated state trail.
NR 51.73(3)
(3) Nonprofit conservation organizations and governmental units may nominate, in writing, additional trails for state trail designation. Nominations shall document that nominated trails meet the purposes of this subchapter, and provide recreational opportunities for equestrians, bicyclists, cross country skiers or hikers, and that the trail is:
NR 51.73(3)(b)
(b) Within or in close proximity to areas of significant natural beauty, historical or cultural significance, state or national parks, forests or recreational areas, or provides connections to existing state trails, and
NR 51.73(3)(c)
(c) Of a width sufficient to provide the purposes for which acquired, generally not less than 33 feet wide in rural areas and not less than 10 feet wide in urban areas, nor have more than 25 acres per mile averaged over a 5 mile distance.
NR 51.73(3)(d)
(d) Likely to receive significant use as determined by the state comprehensive outdoor recreation plan, or similar study, and
NR 51.73(3)(e)
(e) There is a reasonable expectation of completing the necessary land acquisition and development, and of successful management and operation.
NR 51.73(4)
(4) Upon finding that the conditions in
sub. (3) are met, the department may designate the trail as a state trail.
NR 51.73(5)
(5) The department may designate state trails on its own properties if they meet the criteria in
sub. (3).
NR 51.73(6)
(6) The department may remove a state trail, except the Ice Age Trail, from state trail designation upon finding that it is not being reasonably operated and maintained by the owner or operator, or is not reasonably likely to meet the purpose of the state trail system.
NR 51.73 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (1),
Register, June, 1994, No. 462, eff. 7-1-94; am. (1),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) and (3) (intro.), eff. 9-1-00;
CR 00-135: am. (1) and (3) (intro.),
Register July 2001, No. 547 eff. 8-1-01;
CR 04-092: am. (1) and (2)
Register April 2005 No. 592, eff. 5-1-05;
CR 07-026: am. (1)
Register December 2007 No. 624, eff. 1-1-08;
CR 10-127: am. (1)
Register February 2012 No. 674, eff. 3-1-12;
CR 16-007: am. (1), r. and recr. (2) Register July 2017 No. 739, eff. 8-1-17. NR 51.74
NR 51.74
Grants for state trails. NR 51.74(1)(a)(a) The department may make grants to nonprofit conservation organizations to acquire lands for a state trail if the proposed state trail is first designated by the legislature or the department under
s. NR 51.73.
NR 51.74(1)(b)
(b) If all conditions of
s. NR 51.73 are met, the department shall give higher priority to projects for those trails that meet the following:
NR 51.74(1)(b)2.
2. Are of a length sufficient to provide at least one day's recreational experience.
NR 51.74(1)(b)3.
3. Provide connections to resource areas of statewide significance or areas of outstanding natural scenery.
NR 51.74(1)(c)
(c) The department may grant funds under s.
23.175, Stats., to nonprofit conservation organizations for the acquisition of scenic easements on lands that provide exceptional scenic value adjacent to or in the vicinity of state trails.
NR 51.74(1)(d)
(d) In addition to the provisions in
sub. (1), the department may acquire lands for the Ice Age Trail from monies appropriated under s.
20.866 (2), Stats., and dedicate them under the provisions of s.
23.293, Stats. The department may acquire lands for the Ice Age Trail as provided for in s.
23.293, Stats., only in project areas approved by the natural resources board.
NR 51.74(2)
(2) Purchase of equipment and maintenance of the Ice Age Trail. NR 51.74(2)(a)(a) The department may expend funds received under s.
20.370 (7) (fa), Stats., for the purchase of equipment and materials for the maintenance of the Ice Age Trail. Purchase may include leasing under the provisions of s.
16.754 (1) (d), Stats.
NR 51.74(2)(b)
(b) Portions of the Ice Age Trail eligible for funding under this subsection are those under the ownership and management of the department, or those dedicated to the department under the provisions of s.
23.293, Stats., and managed by another party under the provisions of a management contract with the department, or recognized by the department, or certified by the U.S. national park service. Portions eligible for funding shall also meet the standards of the Ice Age national scenic trail. Sections where the trail overlaps developed, multi-use trails are not eligible for funding.
NR 51.74 Note
Note: Standards for the Ice age national scenic trail may be obtained from the DNR, Bureau of Parks and Recreation, Box 7921, Madison, WI 53707.
NR 51.74(2)(c)
(c) The department may expend the funds as grants. Nonprofit conservation organizations or governmental units managing portions of the Ice Age Trail under the provisions of
par. (b) may nominate maintenance projects on the appropriate department form, and include a cost estimate supported by at least 2 quotes for items above $500.00. The grant amount shall be 50 percent of eligible project costs. Eligible project costs are defined in
s. NR 51.09.
NR 51.74 Note
Note: The appropriate department form may be obtained from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 51.74(2)(d)
(d) The department shall give priority to those portions of the Ice Age Trail providing significant public use, or where the maintenance expenditure will protect the resource or public safety or comfort, or those portions under the ownership of a governmental unit or a nonprofit conservation organization and managed by a governmental unit or a nonprofit conservation organization and where the nonprofit conservation organization has a recorded interest in the land.
NR 51.74(2)(e)
(e) Sponsors shall apply for federal and state permits, approvals, licenses and waivers necessary to implement the project. If a project is on land not owned by the sponsor, the landowner shall be a party to any permit application. Work on the project may not begin until all applicable permits have been obtained.
NR 51.74(2)(f)
(f) Upon signing the grant agreement, the sponsor may request up to 50 percent of the grant amount. The department may require proof that the sponsor has the remaining funds needed for the project.
NR 51.74 Note
Note: Other conditions for grant payments are contained in s. NR 51.09. NR 51.74(2)(g)
(g) If the sponsor fails to fulfill any terms of the grant agreement, the department may seek reimbursement of all or a portion of the state's share.
NR 51.74 Note
Note: The appropriate department form may be obtained from the Bureau of Parks and Recreation, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 51.74 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (6) (d),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (2) (intro.) to (d), (4) and (6) (b), cr. (2) (f) and (6) (e) to (g), r. (3) and (6) (c), renum. (6) (d) and (e) to be (6) (c) and (d) and am., eff. 9-1-00;
CR 00-135: am. (2) (intro.) to (d), (4) and (6) (b), cr. (2) (f) and (6) (e) to (g), r. (3) and (6) (c), renum. (6) (d) and (e) to be (6) (c) and (d) and am.,
Register July 2001, No. 547 eff. 8-1-01; correction in (6) (a) was made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2001, No. 547;
CR 10-127: cr. (1) (title), (2) (title), renum. (5), (6) (a) to (c), (f) to be (1), (2) (a) to (c), (f) and am., renum (1), (2) (intro.), (a) to (f), (6) (d), (e), (g) to be (1) (a), (b) (intro.), 1. to 6., (c), (2) (d), (e), (g)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.75
NR 51.75
Grant contracts or grant agreements. Grant contracts or grant agreements between the department and sponsors for state trail acquisition and management shall, in addition to the requirements in subch.
II, require the sponsor to:
NR 51.75(1)
(1) Acquire the lands for a trail, where applicable.
