The statement of scope for this rule, SS 074-21, was approved by the Governor on July 29, 2021, published in Register No. 788B August 30, 2021 and approved by the Natural Resources Board on January 26, 2022. This rule was approved by the Governor on ___________________. Order of the State of Wisconsin Natural Resources Board
Repealing, Renumbering, Renumbering and Amending, Amending, Repealing and Recreating and Creating Rules
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PR-03-20
Analysis Prepared by the Department of Natural Resources
1. Statutes interpreted and explanation of agency authority: The department has the authority under s. 23.09 (2), Stats., to promulgate rules and establish plans and projects for conservation, including establishing game and fish refuges, acquiring lands, and maintaining lands for conservation, habitat, research, scenic, historical and recreational purposes. Section 23.091, Stats., authorizes the department to acquire, develop, operate and maintain state recreation areas and establish use zones and associated rules within state recreation areas. Section 23.11, Stats., grants the department jurisdiction over department lands. In s. 23.115, Stats., the department is directed to designate trails, campgrounds, picnic areas and other special use areas, and roads on department properties. Section 23.117, Stats., allows the department to post trails as open to use by bicycles, electric scooters or electric personal assistive mobility devices, and requires the department to regularly patrol trails in state parks and the Kettle Moraine state forest. Section 23.28, Stats., authorizes the department to designate and regulate state natural areas, and restricts the department from allowing uses of state natural areas that are incompatible with the natural value of those areas. The department is authorized under s. 23.305, Stats., to lease state park or state forest land to towns, villages or counties for outdoor spectator sports purposes. Section 23.33, Stats., authorizes the department to regulate all-terrain vehicles and utility terrain vehicles in a manner consistent with the rules established in this section of statutes. The state park system is established in s. 27.01, Stats., and this section grants the department acquisition, development and administration authority for the state park system. This includes authority in s. 27.01 (2) (j) and (k), Stats., to promulgate rules regulating the use of state parks. Furthermore, s. 27.01 (10) (b), Stats., allows the department to establish and operate campgrounds on department lands, and s. 27.01 (11), Stats., authorizes the department to establish a campground reservation system and promulgate rules associated with it. Section 29.014, Stats., grants the authority for the department to establish open and closed seasons, bag limits, size limits, rest days and other conditions for taking fish and game to conserve fish and game and ensure continued opportunities for good fishing, hunting and trapping. According to s. 29.335, Stats., the department shall promulgate rules regulating feeding of wildlife. In s. 29.617, Stats., authority is granted to the department to acquire, lease, develop and maintain public hunting and fishing grounds. In addition, general authority is granted by s. 227.11 (2) (a), Stats., to implement and interpret its statutory authority. 2. Statutory Authority: Sections 23.09 (2), 23.091, 23.11, 23.115, 23.117, 23.28, 23.305, 23.33, 27.01, and 29.014, Stats., authorize these rules. 4. Related Statutes or Rules: No related statutes or rules are currently being developed.
5. Plain Language Analysis: Chapter NR 45, Wis. Adm. Code, governs the conduct of visitors to the lands and facilities owned, eased, or leased by the department. The department reviews this chapter periodically. These rules update fee structures, vehicle and boat use regulations, camping rules and hours of operation, technology regulations, rules relating to the possession of animals, general property use rules and property-specific rules. These rules also streamline language, minimize redundancy and clarify existing provisions of administrative code. SECTION 1 of these rules expands the board’s policy on the use of public lands by extending an invitation to all people to use department lands for outdoor recreational activities.
SECTION 2 clarifies that friends groups may organize and support the mission and activities of the department as well as its properties, facilities and programs.
SECTION 3 maps areas closed for human health and safety reasons. The first subsection are areas closed to all hunting and trapping, and the second subsection are areas closed to all public access. The third subsection is closed to hunting and trapping except for special seasons as indicated, the fourth subsection is closed to hunting and trapping except for bowhunting, and trapping by special permit and the fifth subsection contains areas closed to hunting and open to trapping by special permit. The sixth and final subsection are hunting and fishing closures of fish hatcheries.
SECTION 4 simplifies the definition of an “adult group” for purposes of camping reservations.
SECTION 5 creates a definition of “air boat” to clarify the types of boats considered to be air boats, which would also include fan boats. This will not result in a change of department policy. This section also creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 6 amends the definition of backpack campsite to allow for the potential of site access by watercraft.
SECTION 7 creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 8 expands the definition of “camping” to include hammock camping.
SECTION 9 repeals the definition of camper day because it is addressed elsewhere.
SECTION 10 amends the definition of camping permit to include camping types that do not require a fee.
SECTION 11 repeals the word hammock from the definition of "camping unit," because it is no longer needed.
SECTION 12 defines “commercial use” and “designated use area.”
SECTION 13 expands the definition of “equine” to include other species and breeds of hoofstock that are considered to be equines and are used for the same purposes as the animals currently covered in the definition.
SECTION 14 expands the definition of a family to include legal guardians, and distinguishes standard campsites from backpack and boat-in campsites. This section also updates the name of a state forest so that it will be called the Governor Earl Peshtigo state forest as directed by the Natural Resources Board at its September 2019 meeting. Finally, this section simplifies the definition of occupied so that it is consistent at sites statewide.
SECTION 15 creates a definition to clarify that Kohler-Andrae state park technically consists of two separate state parks (Terry Andrae and John Michael Kohler State Parks) and defines "property master plan" consistent with ch. NR 44.
