Chapter NR 44

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;

NR 44.06(3)(d) (d) The specific types of public use or uses authorized on designated roads and trails, and any appropriate use restrictions, such as restrictions related to seasonal or environmental conditions;

NR 44.06(3)(e) (e) Areas, if any, where specific management or development activities or techniques are prohibited or are limited and the rationale for any such limitation;

NR 44.06(3)(f) (f) Where appropriate, time schedule guidelines, any special development, vegetation management and maintenance requirements or restrictions, and any requirements for public health, safety and welfare, or the protection of cultural resources;

NR 44.06(3)(g) (g) The authorized management response to catastrophic events, including fire, disease, insect infestations or timber blowdowns; and

NR 44.06(3)(h) (h) Other requirements, if any, that are specified in the statutory authority for that type of property.

NR 44.06(4) (4) Forest production area. In the master plan a forest production area shall be consistent with the following:

NR 44.06(4)(a) (a) Management objective. The management objective of a forest production area is the sustainable production of timber and other forest products. The specific objective for any given forest production area may vary depending on site capability, timber types, markets, societal needs, desired associated benefits, the desired future forest conditions, adjacent land uses and local economic conditions. In addition, under limited, special circumstances, which shall be specified in the master plan, the following may be forest management objectives:

NR 44.06(4)(a)1. 1. In areas of high recreational use and where site conditions allow, manage to produce timber on extended rotations in a manner that promotes long-term visual appeal.

NR 44.06(4)(a)2. 2. While managing for timber products, promote the production and maintenance of certain ecological attributes that are characteristic of older forests.

NR 44.06 Note Note: If providing ecological conditions associated with old-growth forest communities is the management objective, the area should be classified as a native community management area.

NR 44.06(4)(b) (b) Management. A master plan may authorize any management activity or technique that is consistent with the management objective specified in the master plan for the area, and is compatible with the site’s ecological capability and the practice of sustainable forestry. Only those management activities or techniques identified by the master plan for the management area may be pursued.

NR 44.06 Note Note: Examples of timber management activities and techniques include clearcutting, selection harvesting, thinning and other routine timber stand improvement activities, and the use of herbicides, mowing, burning, and planting and activities related to road construction and erosion control. “Timber stand improvement” means management practices for the purpose of improving the rate of growth, quality of growth or composition of the forest stand which may include pruning, non-commercial thinning, crop release and elimination of competing cull trees and shrubs, vines, weeds and grass.

NR 44.06(4)(c) (c) Master plan components. In addition to the plan components described in sub. (3), the master plan shall identify the predominant timber types and the desired future timber types and stand conditions for the area.

NR 44.06(5) (5) Habitat management area. In the master plan a habitat management area shall be consistent with the following:

NR 44.06(5)(a) (a) Management objective. The management objective for a habitat management area is to provide or enhance habitat, whether upland, wetland or aquatic, to support specific species of plants or animals. Habitats and communities in areas with this designation may be managed for a wide variety of purposes, including focused species production and protection. Areas that initially do not have desired habitat conditions but have a high potential to be restored to those conditions may be included under this classification.

NR 44.06(5)(b) (b) Management. A master plan may authorize any management activity or technique that is consistent with the management objective specified in the master plan for the area, and is compatible with the site’s ecological capability. Only those management activities or techniques identified by the master plan for the management area may be pursued.

NR 44.06 Note Note: Examples of potential management activities include timber harvesting, herbicide application, mowing, burning, planting, flooding, agricultural cropping, installation of fish habitat improvement devices, road construction and erosion control.

NR 44.06(5)(c) (c) Master plan components. In addition to the plan components in sub. (3), the master plan shall identify the habitat objectives and species or communities being favored, and the desired conditions to be produced in the area.

NR 44.06(6) (6) Native community management area. In the master plan, a native community management area shall be consistent with the following:

NR 44.06(6)(a) (a) Definition. For purposes of this subsection, “native community” means a distinct and reoccurring assemblage of populations of plants, animals, bacteria and fungi naturally associated with each other and their physical environment and which are indigenous to the area.

NR 44.06(6)(b) (b) Management objective. The management objective of a native community management area is to represent, restore and perpetuate native plant and animal communities, whether upland, wetland or aquatic, and other aspects of native biological diversity. Areas that initially do not have the desired community conditions but have a reasonable potential to be restored to those conditions may be included under this classification.

NR 44.06(6)(c) (c) Management. Management activities shall be designed to achieve land management objectives through natural processes and management techniques that mimic those processes whenever possible. A master plan may authorize any management activity or technique that is consistent with the management objective specified in the master plan for the area, and is compatible with the site’s ecological capability. Only those management activities or techniques identified by the master plan for the management area may be pursued.

NR 44.06 Note Note: Examples of potential management activities include timber harvesting, herbicide application, mowing, burning, planting, road construction and erosion control. Passive management may be employed.

NR 44.06(6)(d) (d) Master plan components. In addition to the plan components described in sub. (3), the master plan shall identify the specific native community types and the specific objective for the area.

NR 44.06(7) (7) Special management area. In the master plan a special management area shall be consistent with the following:

NR 44.06(7)(a) (a) Management objective. The management objective of a special management area is to provide and maintain areas and facilities for special uses not included under other land management classifications described in this section.

NR 44.06 Note Note: Examples of special management areas include administrative or service facility areas, cultural resource protection areas, propagation and nursery areas and demonstration or experimental management areas where the primary use is for research and testing of new resource management methods and techniques.

NR 44.06(7)(b) (b) Management. A master plan may authorize any management activity or technique that is consistent with the management objective specified in the master plan for the area, and is compatible with the site’s ecological capability.

NR 44.06(8) (8) Recreation management area. In the master plan a recreation management area shall be consistent with the following:

NR 44.06(8)(a) (a) Management objective. The management objective of a recreation management area is to provide and maintain land and water areas and facilities for outdoor public recreation or education.

NR 44.06(8)(b) (b) Management. A master plan may authorize any management activity or technique that is consistent with the management objective specified in the master plan for the area, and is compatible with the site’s ecological capability. Only those management activities or techniques identified by the master plan for the management area may be pursued.

NR 44.06 Note Note: Examples of potential management activities include timber harvesting, herbicide application, mowing, burning, planting, road construction and erosion control. Passive management may be employed.

NR 44.06(8)(c) (c) Applicable recreational use setting subclassifications. The recreational use settings in s. NR 44.07 that are compatible with this classification are the Type 2, Type 3 or Type 4 settings.