Chapter NR 44

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.

NR 44.06(8)(d) (d) Master plan components. In addition to the plan components described in sub. (3), the master plan shall describe the desired future landscape conditions and identify any specific management activities or policies for the protection, maintenance, enhancement or restoration of the visual characteristics that are important to the recreational use of the management area.

NR 44.06(9) (9) Scenic resources management area. In the master plan a scenic resources management area shall be consistent with the following:

NR 44.06(9)(a) (a) Management objective. The management objective of a scenic resources management area is to protect, maintain and enhance for long-term public enjoyment lands or waters having unique aesthetic qualities or outstanding scenic beauty and lands where managing for aesthetics is a primary concern due to significant or special public use of the area.

NR 44.06 Note Note: The scenic resources area management classification typically may be applied to lands with outstanding scenic attractions; to scenic lakes, rivers and streams with high value for water-based recreation; and to scenic highways, roads, trails or vistas where public use is for the specific purpose of enjoying scenery.

NR 44.06(9)(b) (b) Management area. The scenic resources management area shall include, whenever possible, the department managed area that can readily be seen from the customary recreational use area or areas during the primary season or seasons of use. The designated management area, as specifically designated in the plan, shall, to the extent practicable, also include lands which are necessary to fully protect the scenic resource or to be effectively managed as an independent management unit. Development within a scenic resources management area shall be located and designed to be harmonious with the surrounding landscape and have minimal negative impact upon its scenic values.

NR 44.06(9)(c) (c) 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. All of the following management guidelines apply:

NR 44.06 Note Note: Vegetation management approaches appropriate for use within scenic resources management areas may vary from passive management to intensive management, depending upon the long-term scenic management objective for the area and the site’s ecological capability, vegetation types and site conditions.

NR 44.06(9)(c)1. 1. Where conspicuous management activities cannot be avoided, all reasonable measures shall be taken to mitigate the level and duration of the impacts for the viewing public;

NR 44.06(9)(c)2. 2. New utility facilities, when permitted, shall be placed underground or be located in such a way as to be visually screened from the primary viewing areas; and

NR 44.06(9)(c)3. 3. Trees that pose a significant hazard to public safety may be removed, and exotic or other species threatening the management objective for the area may be controlled as long as the control activities do not have significant adverse impacts on the scenic value of the area.

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

NR 44.06(9)(d) (d) 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.

NR 44.06(9)(e) (e) Master plan components. In addition to the plan components described in sub. (3), the master plan shall identify the specific short-term and long-term scenic management objectives for the area, including any restoration and enhancement objectives, and a description of the desired future landscape conditions.

NR 44.06 Note Note: Examples of potential restoration, enhancement and maintenance activities include cutting trees and shrubs to maintain or create scenic vistas, underplanting or replanting preferably native trees and shrubs for visual variety or to speed conversion to a scenically desirable forest type and removal of exotic species.

NR 44.06(10) (10) Wild resources management area. In the master plan a wild resources management area shall be consistent with the following:

NR 44.06(10)(a) (a) Management objective. The management objective of the wild resources management area is to provide and maintain land and water areas where natural ecological processes predominate and evidence of human cultural impact is low; there is little or no visible resource management activity and facility development is limited to primitive recreational uses.

NR 44.06(10)(b) (b) Designation. This classification may be applied to undeveloped areas or areas that have the potential to be restored to a substantially wild appearing condition. Areas with pre-existing structures or landscape alterations may be included under this classification provided the overall objective of the classification can substantially be met.

NR 44.06(10)(c) (c) Management. Management activities are limited and must be consistent with the management objective specified in the master plan for the area. The master plan may authorize management activities or techniques for the purpose of protecting or enhancing the outstanding natural or aesthetic values of the area or restoring the wild character of the area or ecosystem, for improving a degraded environment caused by recreational use or past management or development activities, to remove structures, roads or other cultural impacts, or to construct or maintain compatible recreational facilities. Compatible recreational facilities are those authorized by the recreation setting subclassification assigned to the area. Management, enhancement or restoration activities shall be conducted in a manner that will minimize, to the extent practicable, the perception of human activity in the area. In addition, the following shall apply:

NR 44.06(10)(c)1. 1. Planting native vegetation appropriate to the area and site and limited vegetation cutting is authorized to achieve the management objectives of this class. Vegetation management or timber harvesting activities, other than that allowed under this subsection, is not authorized;

NR 44.06 Note Note: Examples of authorized vegetation cutting activities include the thinning of residual tree plantations to create a more natural appearing forest condition, the removal of trees considered to be a hazard to the public or when associated with the construction and maintenance of authorized recreational facilities and the removal of exotic species.

NR 44.06(10)(c)2. 2. Road construction or reconstruction to support management and restoration activities shall be limited to the degree possible and all roads shall be abandoned and the area restored following completion of the management activity, except when specifically authorized by the master plan for continued use for recreation or other purposes in an area designated as a Type 2 recreational use setting described under s. NR 44.07 (5);

NR 44.06(10)(c)3. 3. Management actions to control exotic or other species that threaten the wildland character or outstanding natural values of the area are authorized when identified in the master plan;

NR 44.06(10)(c)4. 4. The authorized management response to suppress fire shall be identified in the master plan. Generally timber will not be salvaged after a natural disturbance;

NR 44.06(10)(c)5. 5. Pre-existing structures that are not specifically authorized by the master plan, including roads, buildings, bridges and dams or remnants of them, shall be removed and the area shall be restored to the degree practicable and feasible;

NR 44.06 Note Note: Structures with historical value are an example of a type of structure that may be authorized by the master plan to be maintained within a wild resource management area.

NR 44.06(10)(c)6. 6. New utility right-of-ways or utility structures are not authorized, and pre-existing utility structures shall be removed or buried whenever practicable; and

NR 44.06(10)(c)7. 7. Motor vehicle access for management purposes is prohibited, except to respond to significant health and safety and other emergencies, or as specified in the master plan to conduct prescribed restoration activities.

NR 44.06(10)(d) (d) Applicable recreational use setting subclassifications. The Type 1 and Type 2 recreational use settings in s. NR 44.07 are compatible with this classification; however, for a Type 2 recreational use area, the land management activities and non-recreational facility development shall be consistent with this subsection.

NR 44.06(10)(e) (e) Master plan components. The master plan shall identify:

NR 44.06(10)(e)1. 1. The specific land management, enhancement or restoration objectives for the area;

NR 44.06(10)(e)2. 2. The authorized land management, enhancement or restoration activities, including the specific circumstances where, and the degree that, each may be used;

NR 44.06(10)(e)3. 3. Where appropriate, management activity time schedule guidelines, any special development, vegetation management and maintenance requirements or restrictions, and any requirements for public health, safety and welfare;

NR 44.06(10)(e)4. 4. The authorized management response, if any, to catastrophic events, such as fire, disease, insect infestations or timber blowdowns;

NR 44.06(10)(e)5. 5. The recreational facilities to be provided and, when appropriate, guidelines for siting the facilities; and

NR 44.06(10)(e)6. 6. The specific type of use authorized for designated trails.

NR 44.06(10)(f) (f) Wilderness lakes and wild lakes.

NR 44.06(10)(f)1. 1. ‘Definitions.’

NR 44.06(10)(f)1.a. a. “Wilderness lake” means a lake or grouping of lakes of 5 or more acres with an undeveloped shoreline, no road access and no structural development, except for primitive campsites, within 1/4 mile of the shoreline and where human influence upon the landscape visible from the lake is not noticeable.