Chapter NR 45

NR 45.03(16v) (16v) “Physically disabled person” means a person who by reason of a physical impairment is a “qualified individual with a disability” as defined in 28 C.F.R. 35.104.

NR 45.03 Note Note: The procedures for DOT special identification cards are found in s. 343.51, Stats., and ch. Trans 130.

NR 45.03 Note Note: The Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611) is interpreted by 28 C.F.R. 35.104. Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

NR 45.03(17) (17) “Picnic area” means any tract of land developed and maintained for picnicking and containing not less than 5 picnic tables. Included in the definition of picnic area are adjacent playground and play field areas.

NR 45.03(18) (18) “Private schools” means institutions meeting the criteria of s. 118.165, Stats.

NR 45.03(18f) (18f) “Proper self-registration” means depositing a completed envelope with accurate information and containing, at a minimum, the appropriate fees into a self-registration box upon entering a state park, trail, recreation area or forest.

NR 45.03(18h) (18h) “Property master plan” has the meaning in s. NR 44.03 (8) and is prepared consistent with ch. NR 44.

NR 45.03(18k) (18k) “Range officer” means any department employee or person designated by the department to monitor activities on the shooting range.

NR 45.03(18m) (18m) “Registered camper” means a person camping on a campsite whose name is included on the camping permit for that campsite.

NR 45.03(18u) (18u) Except in s. NR 45.045 (2) (c) 4., “reservation” means a request for use of a reservable department facility such as a campsite or shelter that has been granted by the department or its agents.

NR 45.03(18x) (18x) “Shooting range” means a facility designated by the department that has target shooting with firearms, bows, or crossbows as its major purpose.

NR 45.03(19) (19) “Shoreline zones” means that area of sand or gravel beach from the water’s edge to the first dune or to the tree line or other terrestrial vegetation, whichever is closest to the water’s edge.

NR 45.03(20) (20) “Snowmobile” has the meaning specified in s. 340.01 (58a), Stats., and is considered to be a vehicle for the purposes of this chapter.

NR 45.03(21) (21) “Southern state forests” means Havenwoods state forest preserve, Point Beach state forest and all units of the Kettle Moraine state forests.

NR 45.03(21d) (21d) “Special event” means a temporary use of department property which permits an activity that is otherwise not specifically allowed under this chapter or which involves one or more of the following circumstances:

NR 45.03(21d)(a) (a) Requires exclusive use or closure of all or part of public facilities or areas within a property or effectively restricts or limits use of a property by non-participants.

NR 45.03(21d)(b) (b) Placement of temporary structures or event apparatus.

NR 45.03(21d)(c) (c) Sale or offering of beverages, food, or merchandise.

NR 45.03(21d)(d) (d) Requires non-routine services of any department employee.

NR 45.03(21d)(e) (e) Will take place during hours beyond normal property open hours.

NR 45.03(21d)(f) (f) Requires use of equipment or facilities not otherwise authorized for the proposed public use.

NR 45.03(21d)(g) (g) Requires event participation fees.

NR 45.03(21e) (21e) “Special property use” means engaging in an activity on or using state land or facilities that may be otherwise prohibited but authorized by permit and which is of benefit to the department, its visitors, private individuals or private or public organizations, or other state, county, municipal, or tribal organizations. Special events and commercial use are types of special property use.

NR 45.03(21f) (21f) “Standard boat-in campsite” means a campsite that is primarily accessed by watercraft.

NR 45.03(21fm) (21fm) “Standard campground” means any tract of land designated for camping by a family group or a non-family group of 6 persons or less and that is accessible by a public road and meets the criteria under s. 340.01 (22), Stats.

NR 45.03(21g) (21g) “State natural area” has the meaning given in s. 23.27 (1) (h), Stats.

NR 45.03 Note Note: Section 23.27 (1) (h) states “state natural area”, unless otherwise limited, means any designated state natural area or dedicated state natural area.

NR 45.03(21m) (21m) “State park” or “state forest” means the area within the project boundary approved for the state park or state forest by the natural resources board.

NR 45.03(21r) (21r) “State park system” includes state parks under s. 27.01, Stats., state recreation areas under s. 23.091, Stats., and southern forests under s. 27.016 (1) (c), Stats. River and resource areas including the Lower Wisconsin State Riverway under subch. IV of ch. 30, Stats., lands associated with wild rivers under s. 30.26, Stats., and other properties managed with the state park system may be considered part of the state park system. Northern forests, for purposes of recreation management, may also be considered park of the state park system. State trails are a type of state park, in accordance with s. NR 1.30 (1) (e). The state park system includes both properties with fee areas under s. NR 45.12 (1) and properties without fees.

NR 45.03(22) (22) “State trail” means a recreational trail designated by the department under s. NR 51.73.

NR 45.03(22r) (22r) “Stopover boat-in campsite” means a campsite that is primarily accessed by watercraft and whose primary purpose the department has identified as a pass-through site for paddlers utilizing a water trail.

NR 45.03(23) (23) “Swimming beach” means any water area or adjacent land area designated as a swim area by standard regulatory markers or posted notice.

NR 45.03(23s) (23s) “Ungulate” means any hoofed mammal.

NR 45.03(24) (24) “Vehicle” means any motor vehicle, trailer, semitrailer, or mobile home and is further defined in s. 340.01 (74), Stats. For purposes of this chapter, a snowmobile is considered to be a vehicle.

NR 45.03(25m) (25m) “Water trail” means a recreational route on a waterway that has a network of public access points.

NR 45.03(26) (26) “Water view campsite” means a campsite bordering on a body of water or with a scenic view of a body of water.

NR 45.03(27) (27) “Yurt” means a circular, tent-like structure supported on a lattice framework with a window or windows and a hinged door and is used for overnight camping by a family or non-family group.

NR 45.03 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; renum. (2) to (17) to be (3) to (17) and (19) and am. (10) and (16), cr. (2) and (13), Register, August, 1986, No. 368, eff. 9-1-86; renum. (18) and (19) to be (19) and (21), cr. (18) and (20), Register, March, 1992, No. 435, eff. 4-1-92; renum. (3) to (18) and (21) to be (3) to (17) and (22) and am. (5), (6) and (21), cr. (18), Register, December, 1993, No. 456, eff. 1-1-94; am. (6), renum. (9) to (22) to be (25), (9) to (13), (16) to (20) and (22) to (24) and am. (25), am. (11) and cr. (14), (15) and (21), Register, November, 1995, No. 479, eff. 12-1-95; cr. (8m) and (21m), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-011: cr. (8f) and (16m) Register April 2002 No. 556, eff. 5-1-02; CR 03-035: cr. (2m), (9f), (9m), (18m) and (26), am. (15) Register December 2003 No. 576, eff. 1-1-04; CR 04-092: cr. (6m), (9c), (9i), (9k), (14m), (15m), (16r), (16v), (18f), (18t) and (21g) Register April 2005 No. 592, eff. 5-1-05; CR 07-026: cr. (9g), (23m) and (27), am. (16) Register December 2007 No. 624, eff. 1-1-08; CR 10-042: cr. (3m) and (18k), am. (9i) and (15) Register December 2010 No. 660, eff. 1-1-11; CR 16-001: am. (3), (16v), cr. (18x), (21d), (25m) Register July 2017 No. 739, eff. 8-1-17; CR 19-107: r. and recr. (16) Register July 2020 No. 775, eff. 8-1-20; CR 23-060: am. (1), cr. (1m), am. (2m), cr. (3g), am. (4), r. (5), am. (6m), (7), cr. (8j), (9b), am. (9m), (10), (11), cr. (13m), am. (15), (15m), cr. (18h), r. (18t), cr. (18u), (21e), (21f), (21r), (22r), r. (23m), cr. (23s), r. (25), am. (26) Register July 2024 No. 823, eff. 8-1-24; (11) correction in (8j), (9b) made under s. 35.17, Stats., and renum. (11) to (21fm) under s. 13.92 (4) (b) 1., Stats., Register July 2024 No. 823.

NR 45.04 NR 45.04 General rules.

NR 45.04(1) (1) State property.

NR 45.04(1)(a) (a) No person may damage, destroy, molest, deface, remove, or attempt to remove any natural growth or natural or archaeological feature except as provided in sub. (1s).

NR 45.04(1)(b) (b)

NR 45.04(1)(b)1. 1. In this paragraph, “gravel pit” has the meaning given in s. NR 135.03 (16).

NR 45.04(1)(b)2. 2. The department may close, by posted notice, any land, structure, or property owned or administered by the state of Wisconsin and under the management, supervision, and control of the department. Closure may include prohibiting access for one or more types of activities and shall be implemented for the purpose of protecting public health, safety, and welfare, or for protection of natural resources or property as determined by the secretary. No person may enter or be in any building installation or area that may be locked or closed to public use or contrary to posted notice without a written permit from the property superintendent. For gravel pits, all of the following apply:

NR 45.04(1)(b)2.a. a. For the purpose of protecting public health, safety, and welfare, the department may close any gravel pits and other sites where earthmoving activities may take place.

NR 45.04(1)(b)2.b. b. The department may keep these sites closed until such time as reclamation has been completed, including any maintenance period.  No person may enter or be in any structure or area that is closed to public use without a written agreement with the department.

NR 45.04(1)(b)2.c. c. The department may effectuate closure through the property master planning process under ch. NR 44 or by order of the secretary.  Notice of closure shall be reflected in the respective property maps, and, as necessary, with signage at the location.

NR 45.04(1)(c) (c) Flying related activities, including but not limited to, use of uncrewed aircraft systems, hang gliding, parasailing, hot air ballooning, land sailing, flying model airplanes or sky diving on state parks, state recreation areas, state natural areas, Kettle Moraine and Point Beach state forests and Lower Wisconsin state riverway shall be restricted to areas posted for their use.

NR 45.04(1)(d) (d) In-line skates or roller blades are permitted on all public highways and paved trails under department management and supervision except where posted against such use.

NR 45.04(1)(e) (e) The department may, by posted notice, restrict climbing activities on any lands subject to this chapter. Notice of climbing restrictions shall be posted at the administrative office of the property and at the site where the climbing restrictions apply.

NR 45.04(1)(f) (f) No person may transplant, relocate, stock or release any plant or animal, domesticated or wild, without written permission from the department unless engaged in dog training or trialing in accordance with chs. NR 16 and 17.

NR 45.04(1s) (1s) Collecting. Except as specifically provided in this subsection, a person may collect any of the following materials for noncommercial use:

NR 45.04(1s)(a) (a)

NR 45.04(1s)(a)1. 1. Edible fruits, edible nuts, wild mushrooms, wild asparagus, and watercress may be collected by hand for the purpose of personal consumption by the collector.

NR 45.04(1s)(a)2. 2. Herbaceous plant species that are listed as prohibited plant invasive species under s. NR 40.04 (2) (b), listed as restricted plant invasive species under s. NR 40.05 (2) (b), or considered non-restricted invasive species under s. NR 40.03 (1), may be removed without written permission or a permit issued under this chapter.

NR 45.04 Note Note: A list of non-restricted invasive species is available on the department’s website at https://dnr.wisconsin.gov/topic/Invasives/what.html. Possession, movement, and proper disposal of invasive species is regulated under ch. NR 40 and an invasive species permit issued under that chapter may be required unless the invasive plants are left or disposed of onsite.

NR 45.04(1s)(a)3. 3. Except on state natural areas, willow and aspen stems not larger than 2.5 inches in diameter, from species not listed under ch. NR 27, may be collected for personal, noncommercial use by the collector for the purpose of trap stakes, bait sticks, or both.

NR 45.04(1s)(a)4. 4. Except for edible fruits, edible nuts, and edible seeds collected for personal consumption under this paragraph, a person wishing to collect seeds from herbaceous plants, including grasses and wildflowers, or seeds or nuts from woody plants, or both, on department lands shall apply for and obtain a seed collecting permit from the department.

NR 45.04 Note Note:  The seed collecting permit application form is available at https://dnr.wi.gov/files/PDF/forms/1700/1700-039.pdf.

NR 45.04(1s)(a)5. 5. A person may collect shed antlers, clean skulls, and clean bones of wild animals for which an open season has been established under ch. NR 10, and as long as the collection of the antlers, skulls, or bones follows all state and federal laws.

NR 45.04(1s)(b) (b)

NR 45.04(1s)(b)1. 1. Except as provided in subds. 2. and 3., rocks, minerals, or fossil materials may be collected for noncommercial purposes, such as educational uses and personal collections, by hand or using a hand held rock hammer or similar device in accordance with written permission issued by the manager of the property on which the collecting is done. A collector may not remove more than 5 pounds of rock, mineral or fossil material per day from any property, with a maximum total of 50 pounds per year. The written permission may further limit the allowable methods and amounts of material collected.

NR 45.04(1s)(b)2. 2. No person may collect rocks, minerals, or fossil materials on state trails, Havenwoods state forest, and any specific site which is designated as a noncollection site by the department.

NR 45.04(1s)(b)3. 3. No person may collect rocks, minerals or fossil materials on state natural areas without first obtaining a state natural area scientific collector permit.

NR 45.04(2) (2) Closing hours.

NR 45.04(2)(a) (a) No person may enter or be within the boundaries of any state park, state recreation area, southern forest, forest campground, picnic area, beach, amphitheater, posted parking areas and specifically designated areas within the Lower Wisconsin state riverway between the hours of 11:00 p.m. and the following 6:00 a.m. except:

NR 45.04(2)(a)1. 1. Registered campers in or enroute to their designated campsites.

NR 45.04(2)(a)2. 2. Hunters or trappers entering department lands during an open hunting or trapping season on the land, provided the entry is no earlier than 90 minutes prior to sunrise.

NR 45.04(2)(a)4. 4. Lakeshore state park hours of operation are between 6:00 a.m. and 10:00 p.m., except for persons actively engaged in fishing, persons moving through the park on designated trails, or registered guests at the marina leaving or returning to their boats.

NR 45.04(2)(a)5. 5. Users of state trails, except during hours of closure as posted by the department or by an entity operating a state trail under a written agreement with the department.

NR 45.04(2)(a)6. 6. Kettle Moraine state forest – Lapham Peak unit hours of operation are between 6:00 a.m. and 9:00 p.m.

NR 45.04(2)(a)7. 7. Havenwoods state forest hours of operation are between 6:00 a.m. and 8:00 p.m.

NR 45.04(2)(a)8. 8. Whitefish Dunes state park hours of operation are between 6:00 a.m. and 8:00 p.m.

NR 45.04(2)(b) (b) Paragraph (a) does not apply to any person who for the sole purpose of fishing:

NR 45.04(2)(b)1. 1. Enters any of the locations listed in par. (a) prior to 11:00 p.m., or

NR 45.04(2)(b)2. 2. Enters any state park or state forest recreation area on the opening weekend of fishing season, or

NR 45.04(2)(b)3. 3. Uses the boat launch facilities and boat launching parking lots in the northern state forests.

NR 45.04(2)(b)4. 4. Enters any state park or state forest recreation area one hour before sunrise.

NR 45.04(2)(c) (c) The closing hours of this subsection do not apply to individuals with written authorization from the department or to those projects or parts of projects where the department has posted other opening and closing hours or where the department has waived these hours and established different hours for special events and programs. No person may enter or be within a department property contrary to closing hours established pursuant to this subsection.

NR 45.04(3) (3) Personal conduct.

NR 45.04(3)(a) (a) Disorderly conduct. No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, or conduct which tends to cause or provoke a disturbance or create a breach of the peace.

NR 45.04(3)(am) (am) Nudity.

NR 45.04(3)(am)1. 1. In this section, “nude” or “nudity” means being clothed or unclothed in such a manner that the person’s genitals, pubic hair, buttocks, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.

NR 45.04(3)(am)2. 2. No person may appear, bathe, sunbathe, walk, or otherwise be nude on any lands under the management, supervision, or control of the department. This does not apply to breastfeeding by nursing parents and does not apply in any of the following areas not open to public view: restrooms, bath houses, showers, changing facilities, or privately-owned camping units.

NR 45.04 Note Note: Tagami v. City of Chicago, 875 F. 3d 375 (7th Cir. 2017).

NR 45.04(3)(b) (b) Evictions. The department may expel any person or persons from the lands under the management, supervision and control of the department for violations of any state law, administrative rule or posted rules or regulations. The period of time for which a person may be expelled is 48 hours, or for the period of their camping permit, whichever is longer. The expelled person may not return to the property before the eviction period has elapsed or enter any other lands under the management, supervision, and control of the department for a period of 48 hours after eviction. Persons expelled are not eligible for refunds for unused camping fees or vehicle admission fees. People charged with violent, assaultive or disorderly behavior may be expelled until after the case is adjudicated in court.

NR 45.04(3)(c) (c) Observation towers. No person may possess or consume any food or beverage, including fermented malt beverage or intoxicating liquor, when on any observation tower.

NR 45.04(3)(d) (d) Refuse and recyclable materials.

NR 45.04(3)(d)1. 1. No person may dispose of any debris, waste or recyclable material except by placing the material in receptacles provided for those purposes.