Chapter NR 6

NR 6.43(3)(c) (c) Signs prior to the crossing. Prior to the snowmobile rail crossing, the snowmobile trail shall be signed with an advance caution railroad crossing sign. This sign shall be a circular sign of minimum 12″ diameter. Sign color shall be a reflective yellow background with black letter and legend. The letters shall be 4″ upper case and the black legend shall be 2″ in width. Please refer to the following illustration. The advance caution railroad crossing sign and an advance caution “Stop Ahead” sign meeting the requirements of s. NR 50.09 (4) (c) 3. b. shall be placed in a manner to enable a snowmobile operator to come to a safe stop at the crossbuck and STOP sign.

NR 6.43(4) (4) Scheduling and supervision of approach construction. The snowmobile organization shall schedule the snowmobile rail crossing approach construction with the appropriate railroad authority and Diggers Hotline [phone]). All work performed by the snowmobile organization within 25 feet of the track shall be under the direct physical supervision of the rail authority or with explicit written permission from the rail authority to perform the work without direct physical supervision. The snowmobile organization’s workers shall comply with the safety requirements established by federal and state law and the rail authority. The rail authority shall provide the snowmobile organization with a written copy of the rail authority’s safety requirements applicable to outside contractors who perform work on the rail authority’s property.

NR 6.43(5) (5) Approach installation and components.

NR 6.43(5)(a) (a) The approaches of the snowmobile rail crossing may be all aggregate or a combination of aggregate and asphalt. The height of the approach installed by the snowmobile organization shall match the height of the crossing established by the rail authority. Crushed aggregate shall be thoroughly compacted with a roller vibrator. Where asphalt is used in combination with a crushed aggregate base, the asphalt shall be a minimum thickness of 3″, installed in 2 equal layers. Asphalt material used for an approach shall conform to Section 407, Wisconsin Department of Transportation (DOT) Standard Specifications for Highway and Structure Construction, 1996, incorporated by reference herein. Crushed aggregate shall be grade 2 or 3 in accordance with Section 304 of the same publication.

NR 6.43 Note Note: Copies of the DOT Standard Specifications for Highway and Structure Construction, 1996, are available for inspection in the offices of the Department of Natural Resources, Secretary of State and the Legislative Reference Bureau in Madison. Copies may also be purchased from the Department of Transportation, P.O. Box 7910, Madison, WI 53707-7915.

NR 6.43(5)(b) (b) A snowmobile organization shall properly dispose of all unused materials from the construction of the portion of the crossing for which it is responsible.

NR 6.43(5)(c) (c) A snowmobile organization may contract out the construction of the portion of the crossing for which it is responsible.

NR 6.43(6) (6) Closure of crossing for non-snowmobile use. The snowmobile organization shall be responsible for erecting a gate or barrier on both sides of the crossing and securing the gate or barrier to prevent the use of the crossing by other vehicles when not actively used for snowmobiling. The gate or barrier shall span the entire width of the crossing. The gate or barrier shall be signed with the standard barrier markers as specified under s. NR 50.09 (4) (c) 3. b. The placement of the gate or barrier shall be at the same location as the existing right-of-way fence or if no fence exists, the right-of-way line.

NR 6.43(7) (7) Rail crossing construction permit.

NR 6.43(7)(a) (a) No person may construct a snowmobile rail crossing that is not located on a railroad crossing of a highway or street unless the person is a snowmobile organization and has a permit issued under this subchapter.

NR 6.43(7)(b) (b) A separate permit is required for each snowmobile rail crossing constructed under this subchapter.

NR 6.43(7)(c) (c) A snowmobile organization may contact department regional offices for prescribed application forms and instructions. An application submitted under this section shall include adequate descriptions and drawings showing the proposed location of the snowmobile rail crossing, the proposed design of the rail crossing, a list of materials needed to construct the portion of the crossing for which the snowmobile organization is responsible and the location of snowmobile trails that connect with the snowmobile crossing. The completed application form with necessary attachments and the $150 application fee authorized under s. 350.138 (5) (a), Stats., shall be submitted to the appropriate department regional office. Upon receipt, the department shall send a copy of the application to the agent of the applicable rail authority designated under s. 350.138 (2m), Stats. The department may reject an application within 15 days after it is submitted if the application is incomplete or is not sufficiently detailed to determine whether to approve or deny the application.

NR 6.43 Note Note: Copies of permit application forms and instructions are available from Regional Department of Natural Resources Offices located at:

NR 6.43 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 02-044: renum. (1) to be (2) and am. (2) (b) and (e), r. (2), (3) and (7) (d), cr. (1) and (3), r. and recr. (4), (5) and (7) (a), am. (7) (c) Register November 2002 No. 563, eff. 12-1-02.

NR 6.44 NR 6.44 Maintenance standards for new rail crossings. A snowmobile rail crossing permitted under this subchapter shall be maintained in the following manner:

NR 6.44(1) (1) A snowmobile organization may not perform any maintenance work on the portion of the snowmobile rail crossing for which the rail authority has responsibility with the exception of the snow removal work required under s. NR 6.44 (5). The maintenance of that portion of the snowmobile rail crossing for which the rail authority has responsibility shall be performed by the rail authority.

NR 6.44(2) (2) The snowmobile organization shall maintain adequate drainage along the snowmobile trail approaching the rail crossing and along the portion of the snowmobile rail crossing for which the snowmobile organization has responsibility, both in the snowmobile and non-snowmobile season, to prevent the pooling of water or saturation of the track subgrade.

NR 6.44(3) (3) The snowmobile organization shall maintain the portion of the snowmobile rail crossing for which it has responsibility that becomes worn or damaged as a result of use and shall repair the wear or damage as soon as practical using the materials and following the installation requirements contained in the permit and this subchapter.

NR 6.44(4) (4) The snowmobile organization shall be responsible for maintaining in a legible condition all signs at the crossing including crossbucks, crossing placards and snowmobile STOP signs, and all signs prior to the crossing including advance caution railroad crossing signs.

NR 6.44(5) (5) During the winter season, no snow may be compacted by snowmobile trail grooming machinery on the portion of the snowmobile rail crossing for which the rail authority has responsibility. Any snow deposited on this portion of the rail crossing by the grooming machinery shall be removed manually by the operator of the trail grooming machinery after the machinery is clear of this area of the crossing

NR 6.44(6) (6) Gates or barriers shall be constructed, erected and maintained by the snowmobile organization to prevent vehicular use of the crossing during non-snow seasons and shall be maintained in working order. Barrier markers specified under s. NR 50.09 (4) (c) 3. b. shall be affixed to the gates or barrier and maintained in a legible manner.

NR 6.44 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 02-044: r. and recr. Register November 2002 No. 563, eff. 12-1-02.

NR 6.45 NR 6.45 Liability insurance for new and established rail crossings.

NR 6.45(1) (1) A snowmobile organization shall maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction, maintenance, existence or use of an established snowmobile rail crossing or a snowmobile rail crossing for which a permit has been issued by the department.

NR 6.45(2) (2) The snowmobile organization need not maintain liability insurance to indemnify the rail authority for injuries sustained by a person engaged in a recreational activity if the rail authority would be immune from liability for those injuries under s. 895.52, Stats.

NR 6.45(3) (3) The snowmobile organization shall designate the applicable rail authority as a named insured on the insurance policy. Any liability insurance that is required for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body.

NR 6.45(4) (4) Regardless of the number of established or permitted rail crossings that a snowmobile organization maintains, the amount of the liability insurance that is required to be maintained shall be at least $2,000,000 for each snowmobile organization.

NR 6.45(5) (5) A snowmobile organization shall furnish an insurance certification form with an attached proof of insurance to the department and the applicable rail authority annually commencing on December 1, 2001 and by December 1 of each following year.

NR 6.45 Note Note: Copies of the insurance certification form are available at the Regional Department of Natural Resources Offices.

NR 6.45 History History: CR 02-044: cr. Register November 2002 No. 563, eff. 12-1-02.

NR 6.46 NR 6.46 Variances. The department may approve in writing variances from nonstatutory requirements of this subchapter upon request of a snowmobile organization when the department determines that the variances are essential to effect necessary permit actions or the department’s snowmobile program objectives, and where special circumstances make variances in the best interests of public safety and the snowmobile program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the snowmobile organization.

NR 6.46 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95; CR 02-044: renum. from s. NR 6.45 Register November 2002 No. 563, eff. 12-1-02.