NR 51.63(1) (1) The extent to which the water quality and fish habitat of the stream are threatened by urban or agricultural runoff. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(2) (2) The extent to which the threat to water quality and fish habitat of the stream can be protected through the acquisition of property. Streams shall satisfy this criterion to a reasonable extent to be considered further.

NR 51.63(3) (3) Streams satisfying subs. (1) and (2) shall be further prioritized based on the following:

NR 51.63(3)(a) (a) The extent to which the stream project provides protection of endangered or threatened resources including natural communities and habitat for rare species.

NR 51.63(3)(b) (b) The inclusion of the stream in or adjacent to other department projects.

NR 51.63(3)(c) (c) A determination by the department that the stream’s riparian lands are enrolled in the federal or state programs specified in s. 23.094 (2) (c), Stats., or other federal or state programs that protect or enhance water quality or fish habitat.

NR 51.63 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (2), eff. 9-1-00; CR 00-135: am. (2), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.) Register February 2012 No. 674, eff. 3-1-12.

NR 51.64 NR 51.64 Management plans. The sponsor shall prepare a management plan for each stream or stream segment on which it intends to acquire stream bank property. Grant projects require a department approved management plan that will be incorporated by reference into the grant contract.

NR 51.64 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

NR 51.65 NR 51.65 Land management conditions.

NR 51.65(1) (1) The following activities are prohibited on stream bank property acquired under this subchapter unless specifically approved by the department in the management plan:

NR 51.65(1)(a) (a) Alteration of vegetative cover or other natural features.

NR 51.65(1)(b) (b) Planting or production of agricultural crops.

NR 51.65(1)(c) (c) Mowing, grazing or spraying the land with chemicals except to comply with noxious weed control laws in ss. 23.235 and 66.0407, Stats., or to control pests on an emergency basis when such control is necessary to protect public health.

NR 51.65(2) (2) Whenever possible, the property shall include land within at least 66 feet from either side of the stream. Riparian wetlands and lands at least 66 feet from the edge of the wetland shall be included whenever possible.

NR 51.65(3) (3) The department shall purchase and install or pay the cost of purchasing and installing fencing the department determines necessary to protect a stream for which an easement has been acquired.

NR 51.65(4) (4) A landowner subject to an easement may be required to seed native grass or a grass-legume mixture on the land at rates determined by the department to establish and maintain perennial cover or to plant trees on the land subject to the easement.

NR 51.65(5) (5) The department may allow installation and maintenance of management practices meeting USDA natural resource conservation service standards, such as cattle stream crossings, riprap and cattle watering areas, if the management practice does not conflict with the purpose of an easement.

NR 51.65(6) (6) Public access to an eased area may be a condition of an easement if public use does not conflict with the purpose of the easement.

NR 51.65 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. (1) (intro.), (2), (4) and (6), eff. 9-1-00; CR 00-135: am. (1) (intro.), (2), (4) and (6), Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. (intro.), (5), (6) Register February 2012 No. 674, eff. 3-1-12.

NR 51.66 NR 51.66 Grants to nonprofit conservation organizations. The department may award grants to nonprofit conservation organizations to acquire property on stream corridors and within the watershed of the stream which meet the criteria established in s. NR 51.63.

NR 51.66 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. Register, June, 1994, No. 462, eff. 7-1-94; emerg. am. eff. 9-1-00; CR 00-135: am. Register July 2001, No. 547 eff. 8-1-01; CR 10-127: am. Register February 2012 No. 674, eff. 3-1-12.

subch. VIII of ch. NR 51 Subchapter VIII — State Trails

NR 51.70 NR 51.70 Purpose.

NR 51.70(1) (1) The purpose of this subchapter is to encourage and provide for the establishment of a system of state trails. Increasing demand for trail-based recreation, and promoting the preservation of public access to, travel within, and enjoyment and appreciation of the outdoor resources, will be provided by establishing state trails which are:

NR 51.70(1)(a) (a) Near urban areas or near or within scenic, historic and culturally significant areas,

NR 51.70(1)(b) (b) Likely to receive significant use, and

NR 51.70(1)(c) (c) Of more than local significance.

NR 51.70(2) (2) The department may designate state trails that meet the purposes of s. 23.175, Stats., as a part of the state trail system. The department may provide for or assist in the acquisition of state trails by nonprofit conservation organizations, and enter into agreements with nonprofit conservation organizations or governmental units for their development, administration and management.