NR 65.04 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.05NR 65.05 Off-highway motorcycle noise emissions and testing. No person may manufacture, sell, rent or operate an off-highway motorcycle that is constructed or altered in a manner that noise emitted from the off-highway motorcycle exceeds 96 decibels on the A scale when measured in the manner prescribed in the revised 2017, Society of Automotive Engineers Standard J1287, titled Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles. NR 65.05 NoteNote: Copies of the Society of Automotive Engineers (SAE) Standard J 1287 titled, “Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles,” revised 2017, are available for inspection at the Department of Natural Resources, 101 South Webster St., Madison, Wisconsin 53703; and the Legislative Reference Bureau, 1 E. Main St., Ste. 200; Madison, Wisconsin 53703; and for purchase at the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, Pennsylvania, 15096 (412-776-4841, http://webstore.ansi.org/). NR 65.05 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.06NR 65.06 Instruction for rental of off-highway motorcycles. The provider of the course of instruction required under s. 23.335 (7) (a) 1., Stats., shall do all of the following: NR 65.06(1)(1) Inform the renter of the requirement that a valid registration decal shall be displayed on the off-highway motorcycle. NR 65.06(2)(2) Provide the renter with off-highway motorcycle safety information, advise the renter of local off-highway motorcycle rules and information, and review the controls of the off-highway motorcycle and off-highway motorcycle rules of operation. NR 65.06 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.07NR 65.07 Public education program. The public education program required by s. 23.335 (12) (L), Stats., shall include an informational pamphlet that summarizes the prohibitions and penalties of operating while intoxicated for off-highway motorcycles. Signs shall be developed summarizing the prohibition of operating off-highway motorcycles while intoxicated. NR 65.07 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.08NR 65.08 Safety certification program fees. The fee for a safety certification course conducted online shall be determined through a memorandum of understanding with the provider of the online course. The fee for a safety certification course conducted by an instructor in person shall be no more than $10 of which the instructor may retain no more than 50 percent. NR 65.08 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.09NR 65.09 Uniform sign standards. NR 65.09(1)(1) Signs for off-highway motorcycle routes on highways, designated for use by the governmental unit having jurisdiction as authorized under s. 23.335 (19), Stats., shall meet all of the following requirements: NR 65.09(1)(a)(a) The off-highway motorcycle route sign shall have a reflectorized white symbol, border and message on a reflectorized green background. The sign, including the three-line message “OFF-HIGHWAY MOTORCYCLE ROUTE”, shall conform to the standard design on file with the department of transportation. NR 65.09 NoteNote: The following is an example of a sign meeting these requirements:
NR 65.09 NoteNote: For information on whom to contact for the construction of signs for off-highway motorcycle routes, contact the local governmental unit maintaining the highway.
NR 65.09(1)(b)(b) The standard and size of an off-highway motorcycle route sign shall be 18 inches by 24 inches with a white border of .625 inches. NR 65.09(1)(c)(c) An off-highway motorcycle route sign with directional arrow, where appropriate, shall be placed at the beginning of an off-highway motorcycle route and at such locations and intervals as necessary to enable off-highway motorcycle operators to follow the route. NR 65.09(2)(2) Signs for off-highway motorcycles on trails designated for use by the governmental agency having jurisdiction shall be placed at the beginning of an off-highway motorcycle trail and at such locations and intervals as necessary to enable off-highway motorcycle operators to follow the trail and shall meet all of the following requirements: NR 65.09(2)(a)(a) The off-highway motorcycle trail signs shall have an activity icon that is a white symbol of a motorcycle rider on an off-highway motorcycle on a brown background. NR 65.09(2)(b)(b) The activity icon shall be 6 inches by 6 inches when used on a double-track trail and at least 3 inches by 3 inches when used on a single-track trail. NR 65.09 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.10(1)(1) The department shall fund the safety grant program of s. 23.335 (15), Stats., at a rate of $1.00 per registration. Except as provided in sub. (2), this grant program is unique and separate from the grant program under s. NR 65.11. Grants may be made for a period of up to 2 years and may be renewed for additional 2-year periods. Applicants shall apply on forms prescribed by the department. Applications shall be evaluated on completeness in meeting the requirements of s. 23.335 (15), Stats. NR 65.10 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) made under s. 35.17, Stats., Register July 2020 No. 775. NR 65.11NR 65.11 Off-highway motorcycle project grants. NR 65.11(1)(1) After consulting with the off-highway motorcycle council, the department shall distribute off-highway motorcycle project funds for eligible projects under s. 23.335 (20), Stats., based on a priority system according to the following priority ranked purposes: NR 65.11(1)(a)(a) Maintenance of existing off-highway motorcycle trails. Maintenance shall include annual inspection of the trail, removal of brush and deadfalls, posting of signs and trail routes, clearing of culverts, minor repairs of bridges and planking, and minor repairs to bridge approaches. Maintenance may include the purchase of liability insurance, the acquisition of easements, leases, and permits for a period of up to 3 years, filling and grading of trail surfaces, and the removal of trees. NR 65.11(1)(b)(b) Maintenance of existing off-highway motorcycle facilities. NR 65.11(1)(c)(c) Major rehabilitation of existing off-highway motorcycle trails and off-highway motorcycle facilities. NR 65.11(1)(d)(d) Development of new off-highway motorcycle trails and facilities on publicly-owned land. NR 65.11(1)(e)(e) Development of trails and facilities on privately-owned land using a lease or easement. NR 65.11(1)(f)(f) Acquisition of land for off-highway trails and facilities. NR 65.11(1)(g)(g) Signage of off-highway motorcycle routes which provide access to off-highway motorcycle trails. NR 65.11(2)(2) All eligible projects in which the only designated motorized use is for off-highway motorcycles shall be funded before projects that are shared with other motorized users. NR 65.11(3)(3) Grant awards shall be distributed based on the ranking determined by subs. (1), (2) and (4). NR 65.11 NoteNote: Grant awards are available for lower-ranked projects only if all eligible projects of a higher priority have been funded.
NR 65.11(4)(4) In ranking and processing grant applications within each paragraph of sub. (1), the department shall consider the factors listed in s. 23.335 (20) (c) 1. to 4., Stats. NR 65.11 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) made under s. 35.17, Stats., Register July 2020 No. 775. NR 65.12NR 65.12 Grantee accountability. NR 65.12(1)(a)(a) All grantees shall conform to generally accepted accounting principles and practices during the implementation of a project funded under this chapter. If a grantee receives a grant advance from the department, the grantee shall maintain project grant funds in a separate account. If interest is earned on the account, that interest must be used for the same purposes for which the department originally awarded the grant. Grantees shall document all project costs and maintain documents to support grant expenditures in sufficient detail to show that project costs are consistent with the grant agreement awarded by the department. Grantees shall maintain all financial records for a period of 6 years after the date on which the department issues final payment and make these financial records available to the department upon request. Financial records include all of the following: NR 65.12(1)(a)2.2. Records showing volunteer time, professional services, and supplies. NR 65.12(1)(a)5.5. Any documents not listed in subds. 1. to 4. that support project costs claimed by the grantee. NR 65.12(1)(b)(b) Grantees shall comply with all applicable state and federal laws and regulations regarding cost-containment, bidding, contract awards, and wage and labor rates. NR 65.12(2)(2) Reimbursement. Grantees shall submit to the department a request for reimbursement on forms provided by the department. Grantees shall submit a request for final reimbursement no later than 6 months after the end of the grant period specified in the grant agreement. Grantees are eligible for reimbursement only for project costs incurred during the grant period. The department may require the grantee to submit a final report and shall not issue final reimbursement until the final report is received and approved by the department. NR 65.12(3)(3) Amendments. Grantees may request, in writing and during the life of the grant agreement, a grant agreement amendment for changes to project scope or approved expenditures or for an extension of the grant period. In evaluating the grantee’s request, the department shall consider justification provided by the grantee and availability of funds. The department shall respond to the grantee’s request for the grant agreement amendment in writing. Grant amendments for off-highway motorcycle project grants may not be used to alter the project priority established under s. NR 65.11. NR 65.12(4)(4) Audit. The department may conduct an audit of any grantee records required under sub. (1) for a grant award at any time during the project period and for up to 6 years after the department has issued final payment. The department may require that the grantee repay any prior payment issued by the department if an audit reveals that payment was made in error. NR 65.12(5)(5) Default and termination. A grantee’s failure to abide by the terms of a grant agreement renders the grantee ineligible to apply for a future grant under this chapter, until the grantee corrects the impairment and the department determines that the grantee is once again operating in accordance with the terms and conditions of the original grant agreement. Failure of a grantee to comply with one or more terms of the grant agreement issued under this chapter may result in termination of the agreement and the suspension of all obligations of the department. Grant agreements may also be terminated by the department if a grantee fails to make satisfactory progress on activities approved for grant funding, fails to complete the project to the satisfaction of the department, or makes project changes in a project scope or budget without department approval. The department will notify any grantee not in compliance with a grant agreement, in writing, and allow 30 days for the grantee to pursue corrective action. If corrective action does not address department concerns, the department may issue a final termination letter to the grantee, including the reason for termination. Upon termination of a grant agreement, the department may require the grantee to reimburse the department for any grant funds the department deems appropriate. If the compliance failure is determined by the department to be due to no fault of the grantee, the costs of any irrevocable obligations properly incurred shall be eligible for assistance under this chapter at the department’s discretion. NR 65.12 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. NR 65.13NR 65.13 Cost-share percentages and maximum grant award amounts. Grants awarded by the department under this chapter may cover up to 100 percent of total eligible project costs. The grantee shall be responsible for any portion of project costs more than the grant award amount. NR 65.13 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.14(1)(1) The department shall establish application deadlines under this chapter and publish those deadlines on the appropriate grant web page on the department’s website at least 90 days before the application deadline. Applicants must apply for grant assistance on forms provided by the department. NR 65.14(2)(2) To be considered for funding, complete grant applications must be received by the department no later than 11:59 p.m. on the application deadline published on the off-highway motorcycle webpage. Complete grant applications are those that adhere to application instructions and include complete project budgets and other required supporting documentation. NR 65.14 NoteNote: Applications may be obtained from the department’s website (http://dnr.wi.gov) keywords “OHM grants”. NR 65.14(3)(3) A project scope is required in the application and shall include a summary of the specific goals and objectives, deliverables, products, tasks, and timeline for a project that is funded under this chapter. The department may request additional information from the applicant to clarify the application. NR 65.14(4)(4) Applicants failing to submit additional information to the department by the specified deadline shall not receive a grant for that specific grant cycle. NR 65.14(5)(5) Prior to making any final determinations about the grant application, the department shall consult with the off-highway motorcycle council as established in s. 15.347 (10), Stats., about funds for eligible projects. NR 65.14(6)(6) The department shall notify all grantees of application status and likely amount of grant award. If a project as described in the grant application is found to be ineligible, the department shall state in writing the basis for its non-eligibility determination to the grantee. NR 65.14 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806. NR 65.15NR 65.15 Eligible and ineligible costs. NR 65.15(1)(1) Eligible costs. The department shall reimburse eligible project costs at the cost-share percentage up to the maximum allowable grant amount. Those costs shall be reasonable and necessary for the project, documented, consistent with the approved application that is part of the grant agreement, and incurred during the grant period. Eligible costs include all of the following: NR 65.15(1)(a)(a) Costs related to maintenance. Maintenance expenses paid under s. NR 65.11 (1) (a) shall be paid on a per mile rate established by the department, in consultation with the off-highway motorcycle council, based on available funds. NR 65.15(1)(b)(b) Major rehabilitation and development projects, which may include: NR 65.15(1)(b)1.1. Costs incurred by grantee staff, whether existing or new, to carry out project activities identified in the grant agreement. Labor costs shall be based on the grantee’s established labor rates identified in the grant application budget for staff time in the form of salary, hourly wages, fringe benefits and other items determined to be appropriate by the department. Fringe benefits must be equitably distributed to all employee labor activities. NR 65.15(1)(b)2.2. Services and materials directly related to the implementation of the off-highway motorcycle facility or trail project. NR 65.15(1)(b)3.3. Equipment used by the grantee at an hourly rate determined by the Wisconsin Department of Transportation’s Classified Equipment Rates Standard and Special Rated Units for highway equipment as formulated under s. 84.07, Stats. NR 65.15 NoteNote: For assistance in determining the fair market value, see the department’s appraisal guidelines which are available from the Department of Natural Resources, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, Wisconsin 53707.
NR 65.15(2)(2) Ineligible costs. Costs not directly associated with or necessary for the implementation of the project, as determined by the department, are ineligible for reimbursement. Ineligible costs include all of the following: NR 65.15(2)(a)(a) Fines and penalties due to violation of, or failure to comply with, federal, state, or local laws and regulations. NR 65.15(2)(b)(b) Ordinary operation expenses of grantees, such as salaries and expenses of public officials, that are not directly related to the project. NR 65.15 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. NR 65.16NR 65.16 Public access. Any off-highway motorcycle facility funded under this chapter shall be open to off-highway motorcycle users during the facility’s normal operating hours except for special events and temporary closures. NR 65.16 HistoryHistory: CR 19-107: cr. Register July 2020 No. 775, eff. 8-1-20. NR 65.17NR 65.17 Priorities and funding consideration. NR 65.17(1)(1) Priorities. The department shall prepare an award list following review of applications submitted for each application cycle. The award list shall include all eligible applications ranked by project score, indicating those projects that will receive grant funding. NR 65.17(2)(2) Funding consideration. The department shall review all grant applications for applicant and project eligibility and completeness. In consultation with the off-highway motorcycle council, each complete application shall be ranked by the department pursuant to the priorities established in s. NR 65.11 then ranked by score in descending order within each paragraph. The department shall issue grant awards to the highest-ranking project and then move down through the project priority list in each paragraph of s. NR 65.11 by priority order until all available funds are exhausted. The department may offer financial assistance to an applicant in an amount less than requested if the remaining balance is insufficient to fully fund a project. In the event 2 or more applications have an identical score and there are insufficient moneys to fund all, the department shall split available funding evenly among all similarly scored projects. NR 65.17 NoteNote: The department will use a variety of platforms to conduct outreach and notify potential applicants of funding priorities. Outreach efforts may include publication on the department’s grant website, email notification, social media announcements, and other platforms of communication.
