NR 1.91(11)(11) Boat launching fees. The department encourages free boat launching. A reasonable launch fee may be charged under authority of s. 30.77, Stats., for the purpose of operating and maintaining a boat access site owned or operated by municipalities, lake management districts and other access providers meeting the provisions of sub. (7). Charging excessive, unjustified or unreasonable boat launching fees restricts or prohibits public boating access and use of navigable waters in the state. A reasonable launch fee for the purposes of s. 30.77, Stats., is one that does not exceed the maximum allowable amount under the following criteria:

NR 1.91(11)(a)(a) Base fee. A base is that fee that is charged a state resident vehicle for entrance to the state parks.

NR 1.91(11)(b)(b) Public boating access surcharges. Municipalities, lake management districts and other public boating access providers that maintain any of the following services may add to the base fee not more than the following surcharges for vehicles with trailers. No more than the base fee may be charged for non-motorized or non-trailered boats.

NR 1.91(11)(c)(c) Daily launch fee. The total of base fee and all applicable surcharges, rounded to the nearest quarter of a dollar, shall constitute the daily launch fee. A daily launch fee that is paid shall be valid for all boat access facilities provided by the issuing authority for that day. If different fees are charged by the issuing authority for different access sites, the higher fee shall be allowed for use of all the sites.

NR 1.91(11)(d)(d) Season pass. If a launch fee is charged, a season pass at a fee not to exceed 10 times the daily launch fee shall be provided for both residents and non- residents. A mechanism to obtain a season pass shall be provided by the public access provider at the launch site.

NR 1.91(11)(e)(e) Prior approval required. Each public boating access provider charging a launch fee in excess of the resident state park daily entrance fee shall provide its fee schedule to the department for approval prior to its adoption. The fee schedule shall be submitted on department forms available from [the] department’s central office. Department approval shall be based solely on demonstration that the provider maintains the facilities or services described in par. (b) that justify charges in excess of the resident state park daily entrance fee and that a season pass is available.

NR 1.91(11)(f)(f) Existing approved fee structures. Reasonable fees under pars. (a) to (e), do not apply to access sites which the department has determined in a written decision to have a reasonable fee prior to the effective date of this rule.

NR 1.91(11)(g)(g) Differential fee based on residency. Local units of government, including lake management districts, which maintain and operate public boating access sites, may charge differential fees on the basis of residency within the unit of government maintaining or operating the access. If a fee is charged, the fees for a nonresident may not exceed 150% of the fee charged a resident and nonresident fees may not exceed the maximum allowable amounts except when par. (b) 4. or 5. are applicable.

NR 1.91 NoteNote: For example, with a daily resident entrance fee of $4.00 for state parks, at an access site on an inland lake with an attendant on duty and toilet facilities, a launch fee for an 18 foot boat may be as high as $5.50 (4 + 0.2 (4) + 0.2 (4), rounded to nearest 0.25) for both residents and non-residents, and for a 26 foot boat as high as $8.00 (4 + 0.2 (4) + 0.2 (4) + 0.6 (4), rounded to nearest 0.25) for residents and $12.00 (8 x 1.5, rounded to nearest 0.25) for non-residents.

NR 1.91 HistoryHistory: Cr. Register, October, 1977, No. 262, eff. 11-1-77; r. and recr. Register, March, 1994, No. 459, eff. 4-1-94; am. (2) (d), Register, June, 1995, eff. 7-1-95; correction in (6) (a) and (8) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register September 2004 No. 585; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; CR 19-078: am. (2) (d) Register May 2020 No. 773, eff. 6-1-20.

NR 1.92(1)(a)(a) Any municipality subject to s. 66.1006, Stats., which proposes to abandon or discontinue any highway, street, alley or right-of-way, which provides public access to a navigable waterway, shall provide a copy of the resolution or ordinance and notify the department at least 10 working days prior to acting on a resolution or ordinance to abandon or discontinue. Within 10 working days of enacting an ordinance or resolution subject to approval under s. 66.1006, Stats., the municipality shall submit a copy of the ordinance or resolution to the department. Upon receipt of the ordinance or resolution, the department shall publish a notice of the proposed abandonment pursuant to the procedures in s. 31.06, Stats. If no hearing is requested, the department shall proceed under sub. (2) to grant or deny the petition.

NR 1.92(1)(b)(b) If a hearing is requested, the department shall hold the hearing as a class 1 contested case in the county in which the public access is proposed to be abandoned. The department shall make its decision based on the standards in sub. (2).

NR 1.92(2)(a)(a) Any access sites or part thereof proposed to be abandoned or discontinued is replaced prior to granting the petition; or

NR 1.92(2)(b)(b) The department finds that the access proposed to be abandoned does not contribute to the quality or quantity of public access on the body of water.

NR 1.92(3)(3) Approval conditions. The department may order conditions of approval including, but not limited to, a showing of financial capability of the petitioner to provide and maintain an equivalent or superior replacement public access site, and other conditions related to assurance of protection of the interest of the public in the body of water.

NR 1.92(4)(4) Environmental degradation. Access sites may also be abandoned where environmental degradation is occurring at the site as a result of existing use, and abandonment of the access will reduce or eliminate the degradation without reducing public interests in access to that body of water.

NR 1.92 HistoryHistory: Cr. Register, April, 1975, No. 232, eff. 5-1-75; renum. from NR 1.32, Register, October, 1977, No. 262, eff. 11-1-77; r. and recr. Register, March, 1994, No. 459, eff. 4-1-94; corrections in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register April 2005 No. 592.

NR 1.93NR 1.93 Access in platted subdivisions. Under s. 236.16 (3), Stats., the department has authority to recommend wider access at less frequent intervals than are prescribed in the statutes. The department shall consider waiver of the 60-foot access requirement only where the department determines: