Chapter NR 44

NR 44.04(4) (4) Plan variance and minor plan amendment initiation and approval.

NR 44.04(4)(a) (a) A plan variance may be initiated by the department and may be approved by the department following reasonable notification of persons affected by or interested in management of the property, including persons requesting notification, and after appropriate public involvement.

NR 44.04(4)(b) (b) A minor master plan amendment may be used to assign a management and use prescription and classification to land acquired under a property boundary expansion not exceeding 160 acres, provided the prescription is consistent with the master plan’s goal and objectives. A minor amendment may be initiated by the department and may be approved by the department after appropriate public involvement.

NR 44.04 Note Note: A plan variance and minor plan amendment are approved by the department secretary or a division administrator.

NR 44.04(5) (5) Other plan changes. The department may make changes to a master plan without following the procedures in this section under the following circumstances:

NR 44.04(5)(a) (a) To comply with non-discretionary changes in the plan required due to a law or regulation change. The department shall periodically, or otherwise as appropriate, inform affected or interested parties of nondiscretionary changes in a plan.

NR 44.04(5)(b) (b) When correcting typographical errors or making corrections to maps, including the delineation of areas where management prescriptions apply, provided the changes are due to improved on-the-ground information relating to the application of the management prescriptions and are consistent with the intent of the plan.

NR 44.04(6) (6) Requests for a plan amendment, revision or variance.

NR 44.04(6)(a) (a) In addition to the review requirement in sub. (12), a plan amendment or revision may be proposed at any time by the department or any person, and an amendment or revision request shall be filed in writing with the secretary of the department. The secretary shall inform the board of requests as filed under this section, and the department shall notify the person or persons making the request of the board’s decision.

NR 44.04(6)(b) (b) A variance to the master plan may be proposed at any time by the department or any person, and a request for a variance shall be filed in writing with the person designated in accordance with sub. (9) (a) 6.

NR 44.04(7) (7) Public and other government involvement.

NR 44.04(7)(a) (a) The public shall be provided opportunities to participate throughout the planning process for a property.

NR 44.04(7)(b) (b) As appropriate to the circumstances of each planning process, and in addition to the general public involvement process described in this subsection, the department shall consult with federal, state, county, town and local units of government, local agencies and Indian tribes.

NR 44.04(7)(c) (c) During a planning process for properties lying within the ceded territory recognized by Lac Courte Oreilles v. Voigt, 700 F.2d, 341 (7th Cir. 1983), the department shall consult on a government to government basis with Indian tribes retaining off-reservation hunting, fishing and gathering rights in that territory. The department shall establish the procedures for the tribal consultation process based upon a dialogue with and the agreement of the tribes. This consultation requirement shall apply to the development, review, revision, amendment or variance of a master plan.

NR 44.04(7)(d) (d) Public involvement in the planning process may include meetings, hearings, workshops, open houses, surveys, questionnaires, letters, submitted proposals, personal contacts, study committees, advisory groups and other methods or activities tailored to the needs of the individual master planning effort.

NR 44.04(7)(e) (e) Public involvement in the planning process may be for the following purposes:

NR 44.04(7)(e)1. 1. Identifying issues related to management and use;

NR 44.04(7)(e)2. 2. Submitting suggestions to the department regarding future management and use of a property;

NR 44.04(7)(e)3. 3. Identifying and evaluating proposed property goals and objectives; and

NR 44.04(7)(e)4. 4. Evaluating management and use alternatives.

NR 44.04(7)(f) (f) Prior to the initiation of public involvement, except for public surveys or other preliminary issue identification activities, and prior to the formulation of a plan, including management goals and objectives, a plan revision or a plan amendment, the department shall prepare a public involvement plan conforming with this paragraph and make it available to affected or interested parties for comment. The department may revise the public involvement plan at any time with appropriate notice to affected or interested parties. At a minimum, a public involvement plan shall include the following:

NR 44.04(7)(f)1. 1. A description of the process the department intends to use to obtain and assure reasonable public involvement at appropriate points throughout the planning effort; and

NR 44.04(7)(f)2. 2. A description of the process the department intends to use to identify affected or interested parties and notify them about the planning process. Affected or interested parties may include federal, state or local agencies; other government officials and regional planning commissions; Indian tribes; timber, tourism or any other affected business entities; citizen groups, clubs, committees or individuals who have a demonstrated interest; nearby landowners; and users of the property.

NR 44.04(7)(g) (g) The department shall designate a department employee to be the primary public contact person for each planning process. Concerns or inquiries by any person about the process may be submitted to the contact person who shall have the responsibility to review and respond on behalf of the department.

NR 44.04(7)(h) (h) When initiating the public involvement process, the department shall distribute a news release to appropriate news media in the vicinity of the property or statewide if the property has statewide significance. At a minimum, the news release shall include the following information:

NR 44.04(7)(h)1. 1. A notice of intent to develop, revise or amend a master plan and to prepare an environmental analysis document required by s. 1.11, Stats., or ch. NR 150;

NR 44.04(7)(h)2. 2. A brief description of the property and its location;

NR 44.04(7)(h)3. 3. The scope and objectives of the planning effort and its potential significance to affected or interested parties; and

NR 44.04(7)(h)4. 4. The process by which affected or interested parties may receive information about the planning effort and opportunities to participate in the master planning process.

NR 44.04(7)(i) (i) The department shall maintain a list of persons requesting notification of master plan development, revision, amendment and variance proposals and shall notify them consistent with their request.

NR 44.04(8) (8) Planning procedures.

NR 44.04(8)(a) (a) Following a decision by the board to enter a planning process for a plan, plan revision or plan amendment, after appropriate data gathering and analysis and preparation of a public involvement plan in accordance with sub. (7) (f) and prior to the formulation of a plan, plan revision, plan amendment or the management goals and objectives for a property, the department shall initiate planning with a public involvement process in accordance with sub. (7) (h).

NR 44.04(8)(b) (b) The department procedures described in s. NR 150.30 (1) (f) shall be followed, as appropriate, to identify pertinent issues to be evaluated in the planning process for a plan, plan revision or plan amendment and when preparing any environmental analysis required by ch. NR 150.

NR 44.04(8)(c) (c) When developing a master plan, plan revision or plan amendment the department shall develop and analyze land management, recreational use and facility development alternatives within the context of:

NR 44.04(8)(c)1. 1. The property’s designation, such as state park or state wildlife area;

NR 44.04 Note Note: For example, a state forest master plan must be consistent with the provisions in s. 28.04, Stats., which establish the purposes and benefits of state forests.

NR 44.04(8)(c)2. 2. The best available information regarding the purposes and benefits of the property that the department acquires through inventories, evaluations, monitoring and research; and

NR 44.04(8)(c)3. 3. A regional analysis addressing the economic, ecological and social conditions, opportunities and constraints associated with the property on a local and regional scale. The following shall apply to a regional analysis:

NR 44.04(8)(c)3.a. a. The scope and detail of the regional analysis shall be appropriate to each planning effort as deemed reasonable by the department; and

NR 44.04(8)(c)3.b. b. The regional analysis and the analysis of alternatives may be conducted through an environmental analysis process required by s. 1.11, Stats., or ch. NR 150.

NR 44.04(8)(d) (d) For purposes of this chapter, a “regional analysis” shall be a broad analysis of local and regional factors based upon information that is reasonably available and is supported by credible scientific evidence, and shall, wherever applicable, include an analysis of the following:

NR 44.04(8)(d)1. 1. Land ownership and land use patterns;

NR 44.04(8)(d)2. 2. Cultural resources;

NR 44.04(8)(d)3. 3. Biological diversity, including natural communities and their distribution;

NR 44.04(8)(d)4. 4. Ecological capability data;

NR 44.04(8)(d)5. 5. Recreation resources and their use, capability and demand;

NR 44.04(8)(d)6. 6. Socio-economic conditions and benefits, including local economies; and

NR 44.04(8)(d)7. 7. Other issues germane to managing natural resources and public use, such as, on state forests, sustainable forestry.

NR 44.04(8)(e) (e) When appropriate, the department shall work collaboratively with other public land management agencies in the planning area to gather information and prepare a regional analysis.

NR 44.04(8)(f) (f) The department shall prepare a proposed master plan, revision or amendment for review and decision by the board. The department shall also submit a summary of the comments made during the public involvement process, a summary of any unresolved conflicts that remain, the department’s recommendations regarding the unresolved conflicts and any environmental analysis required by s. 1.11, Stats., or ch. NR 150.

NR 44.04(9) (9) General plan content. A master plan establishes the authorized management and development on a property, and only those management and development activities identified in the master plan may be pursued by the department. Specific implementation schedules for authorized actions shall be subject to department budgets, available staffing levels and administrative policies and may not be required by a master plan.

NR 44.04(9)(a) (a) A master plan for a property or group of properties shall include the following:

NR 44.04(9)(a)1. 1. A general property description;

NR 44.04(9)(a)2. 2. A statement of general goals and objectives for management and use, and a description of how the property’s statutory and other purposes and benefits will be realized;

NR 44.04(9)(a)3. 3. Management, acquisition, development and use plans, with appropriate maps showing the land management classifications;

NR 44.04 Note Note: These plans will include provisions regarding management and development activities and techniques and public use in accordance with the provisions of ss. NR 44.06 and 44.07.

NR 44.04(9)(a)4. 4. Supporting data and information, including:

NR 44.04(9)(a)4.a. a. A summary of the property’s resource capabilities and inventories;

NR 44.04(9)(a)4.b. b. A summary of the regional analysis for the property, and the issues considered; and

NR 44.04(9)(a)4.c. c. A summary of background information on the property, including its management and use history.

NR 44.04(9)(a)5. 5. When appropriate, a communication plan describing any steps to be taken to periodically inform affected or interested parties about completed or proposed management activities.

NR 44.04(9)(a)6. 6. Identify a department employee who may be contacted about questions or concerns regarding the property or the plan.

NR 44.04(9)(b) (b) Master plans may include an environmental analysis as required by s. 1.11, Stats., and ch. NR 150.

NR 44.04(9)(c) (c) Management established by a master plan for any management area may be more specific than that described in ss. NR 44.06 and 44.07.

NR 44.04(10) (10) Exceptions.

NR 44.04(10)(a) (a) The department shall respond as appropriate to public health and safety emergencies.

NR 44.04(10)(b) (b) Other than as provided for in this section, the board may amend a plan to authorize activities for the purpose of protecting public health, safety, controlling exotic species, the salvage of timber after a fire or other major disturbance, or to control significant disease or insect infestations that threaten adjacent lands. In making its decision, the board shall take into consideration the management and recreational use objectives and classification of the area and any plan provisions that address these circumstances, and shall notify affected and interested persons of the plan amendment.

NR 44.04(11) (11) Relationship with other department guidelines and internal directives. When internal department guidelines and directives conflict with the provisions of a master plan, the master plan shall control.

NR 44.04(12) (12) Plan review. The department shall review master plans every 15 years and make recommendations to the board. The board shall determine whether the plan is to be amended, revised or extended for another 15-year period. A master plan shall remain in effect until the board takes action to modify it. The department shall take measures to reasonably notify interested persons of a 15-year plan review, and then shall use an appropriate public involvement process to determine or examine issues related to management and use of the property and the need for plan revision.

NR 44.04(13) (13) Plans prepared jointly with other agencies. Plans prepared jointly with other local, state or federal agencies for a property or project shall be exempt from complying with the requirements of this chapter, but shall be consistent with this rule to the extent practicable.

NR 44.04 Note Note: Examples of joint plans include the management plan for the Lower St. Croix River prepared jointly by the department, the State of Minnesota and the National Park Service and the joint management plan for the Chippewa Flowage being prepared by the department, Lac Courte Oreilles Band of Chippewa and the United States Forest Service.

NR 44.04 History History: Cr. Register, August, 1996, No. 488, eff. 9-1-96; CR 13-022: am. (8) (b) Register March 2014 No. 699, eff. 4-1-14; correction in (7) (h) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.

NR 44.05 NR 44.05 Land management classification system.

NR 44.05(1) (1) The land management classifications established in this chapter shall be used by the department in developing, revising or amending master plans, unless directed otherwise by the board.

NR 44.05(2) (2) The land management classifications shall be used in the master plan and on management maps to describe the general management objective for a property or a management area within a property as determined during the master planning process. The department shall assign to each management area on a property the land management classification described in s. NR 44.06 that most accurately describes the management prescribed for the area by the master plan, while being consistent with the standards of the classification. For those land management classifications that also provide for recreational use setting subclassifications, which are described in s. NR 44.07, the subclassifications shall be applied in the same manner as the land management classifications. The assigned classifications and subclassifications shall be consistent with the purposes of the property as designated by statute or rule.

NR 44.05(3) (3) Management activities within any land management classification may provide benefits other then those directly sought by the management objective. Except as otherwise expressly provided by statute, rule or the plan, activities and recreational uses may occur within an area to the extent that they are consistent with the management objective for the area.

NR 44.05(4) (4) Management activities not specifically enumerated in ss. NR 44.06 and 44.07 may be authorized by the master plan if they are compatible with the classification and subclassification of the affected area.

NR 44.05 History History: Cr. Register, August, 1996, No. 488, eff. 9-1-96.

NR 44.06 NR 44.06 Land management classifications.

NR 44.06(1) (1) General. The land management classifications described in this section and the recreational use setting subclassifications described in s. NR 44.07 shall be used in the master plan in a manner consistent with the management objective for the area.

NR 44.06(2) (2) Recreational use subclassifications.

NR 44.06(2)(a) (a) A recreational use setting subclassification, described in s. NR 44.07, shall be designated for each area designated as a recreation management area, scenic resources management area or wild resources management area.

NR 44.06 Note Note: All department lands generally are open to recreational uses, as described in s. NR 1.61, and recreation is an important public benefit along with other resource benefits. The recreational use settings allow further description and definition of management in the recreation, scenic and wild resources management area classes where management for specific recreational environments is a prominent objective, and the absence of their application to the other land management classifications is not intended to imply that substantial recreational use does not occur in these areas.

NR 44.06(2)(b) (b) Sites or areas permanently closed to public recreational use are not assigned a recreational use subclassification.

NR 44.06(3) (3) Plan components for each management area. For each designated management area on a property, except for a wild resources management area which shall follow the plan provisions in sub. (10) (e), the master plan shall identify and explain the following:

NR 44.06(3)(a) (a) The specific short-term and long-term management objectives;

NR 44.06(3)(b) (b) The resource management and resource development activities authorized and the specific circumstances where, and the degree that, each management or development activity may be used;

NR 44.06 Note Note: For example, to identify specific management activities and where they may take place, the master plan may state, “in jack pine stands on very sandy sites, clearcutting is the primary management activity used to harvest the stand and promote regeneration”.

NR 44.06(3)(c) (c) The types of recreation management and recreation facility development authorized, and, when appropriate, the authorized size or use capacity of the facilities;