Chapter NR 52

NR 52.03 History History: CR 09-077: cr. Register July 2010 No. 655, eff. 8-1-10.

NR 52.04 NR 52.04 Public notice.

NR 52.04(1) (1) In addition to the public notice requirements of ch. NR 150, the department shall provide individual notification over the internet to any person requesting to receive a notice of any proposal to prohibit an NBOA on department or non-department land subject to s. 23.0916 (2) or (3), Stats. Any public notice regarding a proposal to prohibit an NBOA shall include all of the following:

NR 52.04(1)(a) (a) The name, address and phone number of the department’s contact person for the project.

NR 52.04(1)(b) (b) The checklist described in s. NR 52.03 (2) (a).

NR 52.04(1)(c) (c) A summary of the NBOAs to be prohibited and the factors that were considered under s. NR 52.05.

NR 52.04(1)(d) (d) The department’s initial assessment of the proposal to prohibit the NBOA pursuant to s. 23.0916 (2) (b) or (3) (b), Stats. The department’s assessment shall include an evaluation of s. NR 52.05 (1) (a) to (c) and shall involve the department’s resource management professionals at the local, regional and statewide level.

NR 52.04(2) (2) 

NR 52.04(2)(a) (a) Public comments concerning the proposal to prohibit an NBOA shall be submitted in writing to the department. The comment period shall be 15 business days beginning on the day immediately following the day the department sends out the notice electronically.

NR 52.04(2)(b) (b) Objections must show the proposed prohibition of an NBOA to be inconsistent with s. 23.0916 (2) (b) or (3) (b), Stats., and s. NR 52.05.

NR 52.04(2)(c) (c) If an objection is received during the 15 business day comment period the department shall have up to 15 additional business days following the close of the comment period to evaluate the public comment, including any objections. The department shall contact anyone that submitted an objection under par. (a) and the person that requested the stewardship program funding to notify them that the objection was received and to gain more information about the proposal to prohibit an NBOA.

NR 52.04(2)(d) (d) The department shall create a written summary of its determination on the proposal to prohibit one or more NBOAs at the conclusion of the public comment and evaluation periods in pars. (c) and (d). The department’s written determination shall be based on s. 23.0916 (2) (b) or (3) (b), Stats., and s. NR 52.05 and the department shall provide the written summary to anyone that submitted an objection in accordance with par. (a), and to the person that requested the stewardship program funding.

NR 52.04(2)(e) (e) The department shall submit to the natural resources board for each regularly scheduled meeting a report that summarizes determinations made under par. (d). The report shall contain the information made available to the public under s. NR 52.04 (1), public comments, including any objections, gathered under s. NR 52.04 (2), and the department’s written determination made under par. (d). The department shall deliver the report to the natural resource board and make the information available to the public over the internet at least five working days preceding the next regularly scheduled meeting of the board. The natural resources board shall allow public participation to receive public testimony regarding the department’s determinations and vote whether to ratify prohibitions on non-department land that appear on the monthly report.

NR 52.04 History History: CR 09-077: cr. Register July 2010 No. 655, eff. 8-1-10.

NR 52.05 NR 52.05 Natural resources board determinations.

NR 52.05(1) (1) In accordance with s. 23.0916, Stats., the natural resources board has determined that it is necessary to prohibit one or more NBOAs on department or non-department land for one or more of the following reasons listed below. In accordance with s. 15.05 (1) (b), Stats., the department shall make administrative determinations for each individual proposal to prohibit an NBOA, under the direction of the board, utilizing the process established in ss. NR 52.03 and 52.04, and based on the following reasons and factors.

NR 52.05(1)(a) (a) To protect public safety. One or more of the factors to consider when evaluating a proposal to prohibit an NBOA to protect public safety include:

NR 52.05(1)(a)1. 1. The primary purpose for the project.

NR 52.05(1)(a)2. 2. Laws and ordinances that may impact one or more NBOAs on the property.

NR 52.05 Note Note: NBOAs may be affected by local laws or ordinances and may change as local laws or ordinances change.

NR 52.05(1)(a)3. 3. User conflicts that may create public safety issues and impact one or more NBOAs on the property.

NR 52.05(1)(a)4. 4. The physical characteristics of the property including size, shape, groundcover, topography or proximity to inhabited buildings that create public safety issues and influence NBOAs on the property.

NR 52.05(1)(a)5. 5. A proposal to prohibit one or more NBOAs on a parcel 5 acres or smaller, located within the boundaries of cities and villages, shall be determined to be necessary in order to protect public safety and shall not be subject to s. NR 52.04 unless:

NR 52.05(1)(a)5.a. a. The parcel is adjacent to a parcel where the NBOAs to be prohibited already exist or;

NR 52.05(1)(a)5.b. b. The parcel is adjacent to a public waterway.

NR 52.05(1)(b) (b) To protect a unique animal or plant community. One or more of the factors to consider when evaluating a proposal to prohibit an NBOA to protect a unique animal or plant community include:

NR 52.05(1)(b)1. 1. The primary purpose for the project.

NR 52.05(1)(b)2. 2. The necessity to prohibit an NBOA to protect and enhance the biological diversity, composition and ecological functions of natural communities exhibiting relatively little human disturbance or that have the capacity to be easily restored to such conditions.

NR 52.05(1)(b)3. 3. The potential for an NBOA to impact the natural values of the site, according to s. 23.28 (3), Stats.

NR 52.05(1)(b)4. 4. The potential for an NBOA to accelerate or increase over time and cause damage to the natural values of a site.

NR 52.05(1)(b)5. 5. The potential for an NBOA to increase the risk of poaching rare plant or animal species, or the removal or destruction of rare geological or archeological features.

NR 52.05(1)(c) (c) To accommodate usership patterns. One or more of the factors to consider when evaluating the necessity to prohibit an NBOA to accommodate usership patterns include:

NR 52.05(1)(c)1. 1. The primary purpose for the project.

NR 52.05(1)(c)2. 2. User incompatibility and how this incompatibility may lead to the primary purpose of the project being significantly altered or curtailed.

NR 52.05(1)(c)3. 3. The complexity, feasibility, practicality and cost effectiveness of separating activities by time and space or any other manner that might mitigate user incompatibility and or reduce the need for enforcement.

NR 52.05(1)(c)4. 4. The size, shape and location of the property as well as surrounding land uses, including the use of public lands immediately adjacent to the property which may or may not have been funded with stewardship funds. The use of adjacent lands shall not be used as the sole factor in making a determination to prohibit an NBOA to accommodate usership patterns.

NR 52.05(1)(c)5. 5. The mix of NBOAs at the location of the property that, to the extent practicable, will provide a quality experience for all compatible users and uses.

NR 52.05 History History: CR 09-077: cr. Register July 2010 No. 655, eff. 8-1-10.