Chapter NR 1

NR 1.32(2)(c) (c) Recommend for natural resources board approval the acquisition of natural areas and designation of appropriate tracts as additions to the scientific areas system.

NR 1.32(2)(d) (d) Manage natural areas and scientific areas to perpetuate the native biotic communities, unique natural features and geological or archaeological sites.

NR 1.32(2)(e) (e) Encourage research and educational use by groups and persons on department controlled scientific areas, consistent with the individual site management guidelines.

NR 1.32(3) (3) Prior to any change in status of a scientific area located on lands owned or controlled by the department, the natural resources board, with the advice of the scientific areas preservation council, shall determine in each instance that:

NR 1.32(3)(a) (a) The site is no longer suitable and no longer needed for the scientific area use for which it was established; or

NR 1.32(3)(b) (b) Other public uses are required due to unavoidable public necessity, but then only after notice to concerned groups and individuals and opportunity for public comment.

NR 1.32 History History: Cr. Register, May, 1982, No. 317, eff. 6-1-82.

NR 1.33 NR 1.33 Policy on rock climbing. Rock climbing is a traditional recreational activity that may occur on non-designated use areas on department lands, and is consistent with the department’s mission to provide recreational opportunities to the public. Rock climbing should be considered in master planning for department properties which contain areas where rock climbing may occur.

NR 1.33 History History: CR 01-011: cr. Register April 2002 No. 556, eff. 5-1-02.

NR 1.40 NR 1.40 Acquisition of recreational land.

NR 1.40(1) (1) In the acquisition of recreational lands, the department shall place principal emphasis on the acquisition of lands in the heavily populated areas of the state and in places readily accessible to such areas.

NR 1.40(2) (2) Projects under this section will be undertaken based on the following descending order of priority:

NR 1.40(2)(a) (a) Consolidation and completion of existing projects.

NR 1.40(2)(b) (b) New acquisition projects based on the following criteria listed in descending order of priority:

NR 1.40(2)(b)1. 1. Land to protect rare and threatened natural resources; to protect genetic and biological diversity; and to protect, manage or restore critical fish and wildlife habitat.

NR 1.40(2)(b)2. 2. Unique, one-of-a-kind opportunities that may only be available once; projects of special scenic quality; and projects that are “irreplaceable”; an uncommonly large tract of unique natural resources of sufficient size to provide immediate and significant results in meeting program goals.

NR 1.40(2)(b)3. 3. Water-based resources that include land important to protect and improve the quality of the state’s surface and ground water; and land for recreation and management along streams, rivers, lakes and flowages.

NR 1.40(2)(b)4. 4. Lands to accommodate broad, natural resource-based outdoor recreation and state recreational trails.

NR 1.40(2)(b)5. 5. Land within 40 miles of Wisconsin’s 12 largest cities. If funding limits the ability to purchase available lands within existing urban areas, preference will be given to rural lands near population centers.

NR 1.40 Note Note: Wisconsin’s 12 largest cities are: Milwaukee, Madison, Green Bay, Racine, Kenosha, Appleton, West Allis, Waukesha, Eau Claire, Oshkosh, Janesville and LaCrosse.

NR 1.40(2)(b)6. 6. Protection of scenic lands that meet the department priorities in subds. 1. to 5.

NR 1.40(2)(c) (c) Proposed new projects which fall within the following criteria will be given lower priority. Low priorities are not listed in order.

NR 1.40(2)(c)1. 1. Wetland projects acquired primarily to provide additional protection beyond regulation and zoning that do not meet other recreational, water quality or resource management needs.

NR 1.40(2)(c)2. 2. Projects to protect and preserve natural resources not threatened with incompatible use.

NR 1.40(2)(c)3. 3. Projects not part of large, broad-based integrated management efforts to provide multiple outdoor recreational opportunities.

NR 1.40(2)(c)4. 4. Timber production areas that do not meet other recreational, water quality or resource management needs.

NR 1.40(2)(c)5. 5. Lands owned by another unit of government and not threatened with sale or incompatible use.

NR 1.40(3) (3) All new projects shall be subject to natural resources board approval.

NR 1.40 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. (2), Register, February, 1996, No. 482, eff. 3-1-96.

NR 1.41 NR 1.41 Land acquisition authorization.

NR 1.41(1) (1) The following land transactions of the department shall require board approval:

NR 1.41(1)(a) (a) Acquisitions where the purchase price is $150,000 or more.

NR 1.41(1)(b) (b) Acquisitions where more than 40 acres are outside of an established project boundary.

NR 1.41(1)(c) (c) Acquisitions where the purchase price exceeds the highest appraised value.

NR 1.41(1)(d) (d) Acquisitions by condemnations of land.

NR 1.41(1)(e) (e) Acquisitions by gifts of land to the department.

NR 1.41(1)(f) (f) Acquisitions where improvement values exceed 35% of total appraised value.

NR 1.41(1)(g) (g) Acquisitions of short tenure with substantial increased value.

NR 1.41(1)(h) (h) Sales of state land that are no longer needed for conservation purposes where the value exceeds $50,000 or where the acreage exceeds 40 acres.

NR 1.41(2) (2) The secretary may approve all other land transactions.

NR 1.41(3) (3) The department shall submit to the board a yearly statistical report on the land control program, including an analysis of the program’s status in relationship to the state recreational plan.

NR 1.41(4) (4) The department shall submit to the board at each meeting a report on the status of all options and pending land acquisitions showing the date of each option.

NR 1.41 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. Register, April, 1976, No 244, eff. 5-1-76; r. and recr. Register, November, 1985, No. 359, eff. 12-1-85.

NR 1.415 NR 1.415 Policy on redesignation of department land uses.

NR 1.415(1) (1) The department shall conduct a periodic review of land use designations in order to determine whether a redesignation will secure better management.

NR 1.415(2) (2) Each redesignation of land use shall be subject to approval of the board.

NR 1.415 History History: Cr. Register, November, 1976, No. 251, eff. 12-1-76.

NR 1.42 NR 1.42 Acquisition of state forest land.

NR 1.42(1) (1) Within established state forest boundaries, the department shall acquire suitable forest lands for the purpose of better blocking, consolidation of ownership and improvement of management possibilities. In the acquisition program, the department shall:

NR 1.42(1)(a) (a) Acquire by purchase or by exchange suitable publicly owned lands.

NR 1.42(1)(b) (b) Acquire by purchase suitable privately owned lands.

NR 1.42(1)(c) (c) Acquire suitable privately owned lands within the forest boundary by exchange for state-owned lands located outside the forest boundary which are no longer needed for conservation purposes.

NR 1.42(2) (2) Outside established state forest boundaries, the department shall acquire lands for forestry purposes only when such lands are needed for specific purposes.

NR 1.42 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.43 NR 1.43 Acquisition of fish and game lands adjacent to water.

NR 1.43(1) (1) Lands on certain streams and lakes have been designated for acquisition by the board. Adequate land area, associated with the water, shall be acquired in connection with the acquisition of water frontage for preservation or recreational purposes.

NR 1.43(2) (2) The width of parcels to be acquired on areas adjoining the water shall be based on the management objective of the project, the quality of the water or habitat, the opportunities for scenic enhancement or preservation, the level of public use, and the topography of the area, all with the purpose of protecting the water, the land and the associated flora and fauna.

NR 1.43(3) (3) The boundaries of all land acquisition projects involving water frontage, shall extend a distance of a minimum of 150 feet from the shoreline, except for perpendicular access or where narrower strips of land will provide adequate access and habitat protection due to specific physical conditions, such as the presence of roads, favorable topography or land use conditions.

NR 1.43 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. (3), Register, April, 1976, No. 244, eff. 5-1-76.

NR 1.44 NR 1.44 Cooperation with county, town and municipal boards on land acquisition. The department shall inform county, town and municipal boards of proposed boundaries of land purchase projects in their areas. If these boards officially object, they shall be afforded an opportunity for personal appearances to present such objections to the board before a final decision on the proposed acquisition is made.

NR 1.44 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.445 NR 1.445 County board approval of land purchase.

NR 1.445(1) (1) Purpose. The purpose of this section is to implement the provisions of s. 23.0917 (8) (d), Stats.

NR 1.445(2) (2) Definitions. In this section:

NR 1.445(2)(a) (a) “Land” means any ground considered as real property, but does not include the beds of lakes or flowages below the ordinary high water mark.

NR 1.445(2)(b) (b) “Local government unit” has the meaning given in s. 66.0131 (1) (a), Stats.

NR 1.445(2)(c) (c) “Members-elect” has the meaning given in s. 59.001 (2m), Stats.

NR 1.445(2)(d) (d) “Own” means to hold in fee title.

NR 1.445(2)(e) (e) “Under the jurisdiction of” means subject to supervision, management and control as those terms are used in s. 23.11 (4), Stats.

NR 1.445(3) (3) Calculation of land areas; notification to county.

NR 1.445(3)(a) (a) Upon taking an option to purchase land, the department shall determine whether the requirements of s. 23.0917 (8) (d), Stats., are applicable. The department shall develop and maintain information to allow a determination to be made.

NR 1.445(3)(b) (b) In making a determination on the applicability of s. 23.0917 (8) (d), Stats., to a pending option, the department shall calculate the sum of the following areas for the county in which the option was taken:

NR 1.445(3)(b)1. 1. Land owned or under the jurisdiction of the board of commissioners of public lands;

NR 1.445(3)(b)2. 2. Land contained in parks, forests or recreation areas owned or under the jurisdiction of a local governmental unit;

NR 1.445(3)(b)3. 3. Land contained in parks, forests, fish and wildlife refuges, lakeshores, military reservations, recreation areas, and wild and scenic rivers owned or under the jurisdiction of the United States government; and

NR 1.445(3)(b)4. 4. Land owned or under the jurisdiction of the department for the purposes listed in s. 23.09 (2) (d), Stats.

NR 1.445 Note Note: The Wisconsin Register of Waterbodies, which is the state’s official electronic database for identification of surface waters of the state, will be utilized to determine the areas of lake or flowage bed within a county. The Register is maintained by the Bureau of Fisheries Management and Habitat Protection and is available for inspection at the Department’s offices at 101 S. Webster Street, Madison, and at DNR service centers.

NR 1.445(3)(c) (c) The department shall divide the sum of the land areas included in par. (b) by the total area of land in the county. If the result of the calculation equals or exceeds 66%, the department shall provide the county with the location and legal description of the optioned property. The department shall advise the county of the procedural requirements for county notification of residents and a vote by the members-elect of the county board pursuant to s. 23.0917 (8) (d), Stats.

NR 1.445(4) (4) Department procedures after county board vote. The department shall note the county’s action in its records filed at the bureau of facilities and lands at the department’s offices at 101 S. Webster Street, Madison. If the vote is for approval, the department may use the appropriation under s. 20.866 (2) (ta), Stats., to purchase the lands in question. If the vote is against approval, the department may not use the appropriation under s. 20.866 (2) (ta), Stats., to purchase the lands in question.

NR 1.445 History History: Emerg. cr. eff. 9-1-00; CR 00-135: cr. Register July 2001, No. 547 eff. 8-1-01.

NR 1.45 NR 1.45 Disposition of state forest lands.

NR 1.45(1) (1) State forest lands and other state-owned islands within state forest boundaries and lands which provide desirable public access to waters may be sold for the following purposes only:

NR 1.45(1)(a) (a) To a local unit of government when required for a public use.

NR 1.45(1)(b) (b) To others for the purpose of making land adjustments due to occupancy resulting from errors of survey.

NR 1.45(1)(c) (c) To convey good quality, arable land.

NR 1.45(1)(d) (d) To settle land title disputes.

NR 1.45(1)(e) (e) To public utilities and co-operative associations when needed for power and telephone substations, transformers, booster stations and similar installations.

NR 1.45(1)(f) (f) To dispose of land no longer needed for conservation purposes.

NR 1.45(2) (2) State forest lands outside state forest boundaries which the natural resources board determines are no longer necessary for the state’s use for conservation purposes shall be disposed of in accordance with the following priorities: