Current through August 26, 2024
(1) APPLICABILITY.
Sections NR 1.91 to 1.93 shall apply to department decisions related to
acquiring, developing, maintaining and improving public boating access sites,
providing natural resources enhancement services and to other department
decisions relating to protection and use of navigable waters. Sections NR 1.91
to 1.93 do not allow trespass across private lands, change existing trespass
law nor change navigation laws. Sections NR 1.91 to 1.93 would not apply to
waterways which are not public navigable waters such as most artificial manmade
ponds. The rights of riparian owners for singular access to adjacent waterways
would also be unaffected.
(2)
DEFINITIONS. As used in ss.
NR 1.90 to 1.93, the following definitions apply:
(a) "Abandon", " abandonment",
"discontinuance" means a permanent or long-term closure of an access site
whether by resolution, ordinance, signing, placement of a physical barrier or
by other means that reduces access.
(b) "Access site" means an area of land
providing public boat access or carry-in access, which provides parking for
vehicles with or without trailers.
(c) "Carry-in access" means access designed
only for non-trailered boat launching.
(d) "Natural resources enhancement services"
means funding or activities that increase the recreational or environmental
values of a waterway. These services include fish stocking, removal or other
fish population management, habitat development, financial assistance for
aquatic plant harvesting and any other services that increase the recreational
or environmental values of a waterway and are supported with a grant awarded
under ch. NR 193.
(e) "Open water
acres" means the water body surface which appears as water predominantly devoid
of emergent vegetation on recent aerial photographs representative of the
navigation season. This determination shall be made by the department and shall
include open water acres on all contiguous waters connected by a channel or
river commonly navigated by motorized craft.
(f) "Plan" means an alternative boating
access and waterway protection plan developed by the department or a local unit
of government pursuant to sub. (6).
(g) "Public access", for purposes of s.
NR 1.92,
means any site providing motor vehicle access to ice-bound waters, public
boating access or carry-in access.
(h) "Public boating access" means any site or
combination of sites including private sites meeting the provisions of sub. (7)
at which the general public may gain legal access to a body of water by the
process of launching a boat.
(i)
"Reasonable public boating access" means opportunities for public enjoyment and
use of navigable waters which:
1. Allow
public rights of navigation and related incidental uses of the water which are
equal for all,
2. Comply with the
standards for boating access established in this policy,
3. Are available free or at a reasonable fee
as determined by standards established in this policy, and
4. Assure that levels and types of waterway
use by all users do not interfere with public health, safety and
welfare.
(j) "Reduced"
means lowering the number of parking units available for public use.
(k) "Resident" means a natural person who
permanently resides or owns real property within the unit of government
maintaining or operating the access site.
(l) "Resource protection services" include
but are not limited to nonpoint pollution control grants, loans for municipal
sewage treatment facilities, acquisition grants under the urban green space
program, lake planning grants, lake protection grants and funding for municipal
boating safety patrols and aids to navigation.
(m) "Season pass" means authorization to use
boat access facilities provided by the issuing authority when use of the
facilities are available from January 1 to December 31 of each year.
(n) "Services level" means that level of
public boating access which meets or exceeds the levels described in sub.
(4).
(3) PRIORITIES. When
acquiring and developing public boating access sites, the following shall have
priority, in no prescribed order of importance:
(a) Sites on waters without boating
access.
(b) Sites on lakes of over
500 open water acres that fail to meet the services level specified in sub.
(4).
(c) Sites, statewide, on
waters having the greatest boating demands.
(d) Sites which will provide public boating
access to rivers and carry-in access to streams failing to meet the services
level specified in sub. (4).
(4) MINIMUM PUBLIC BOATING ACCESS TO QUALIFY
WATERS FOR RESOURCE ENHANCEMENT SERVICES.
(a)
The department may only provide natural resource enhancement services for a
body of water when it determines that the general public has been provided with
reasonable public boating access. The department may not provide natural
resource enhancement services on waters where public access has been abandoned
or reduced without prior approval by the department.
(b) The department may continue to provide
enhancement services to waters that do not meet minimum public boating access
development standards where the department determines that existing access
facilities are sufficient to meet existing public demand for access.
(c) The department may provide resource
protection services for pollution abatement or prevention, natural resources
protection, public safety or public boating access if public boating access is
not available on a waterway.
(d) A
waterway has reasonable public boating access and is eligible for natural
resource enhancement services when public boating access meets the following
standards:
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1. Inland Lakes
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Minimum Public Boating Access
Development
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(Open water acres)
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Less than 50 acres
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One carry-in access site for 5 vehicles
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50 to 99 acres
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One or more access sites which in total provide a
combination of 5 vehicle and car-trailer units
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100 to 499 acres
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One or more access sites which in total provide 1
car-trailer unit per 30 open water acres but no less than 5 units for lakes of
50 to 150 open water acres
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500 to 999 acres
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One or more access sites which in total provide 1
car-trailer unit per 35 open water acres but no less than 17 units for lakes of
500 to 595 open water acres
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1000 to 4,999 acres
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One or more access sites which in total provide 1
car-trailer unit per 50 open water acres but no less than 29 units for lakes
with 1000 to 1450 open water acres
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5,000 or more acres
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One or more access sites which in total provide 1
car-trailer unit per 70 open water acres but no less than 100 units for lakes
of 5000 to 7000 open water acres
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Rivers and Great Lakes
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Rivers and Lakes Michigan and Superior and their
bays
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One access site within 5 miles of each incorporated
community bordering the shore
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Rivers and streams accessed primarily by
carry-in
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One access site per 10 miles of stream
thread
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Exceptions
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Determined case-by-case based on a plan.
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2. In addition
to these standards, additional parking for handicapped individuals meeting the
federal and state standards shall also be met. Lakes greater than 50 open water
acres in size shall be provided with facilities capable of launching a
trailered boat unless exempted by an approved plan.
3. Parking shall be contiguous with the
launch site unless the department determines that resource protection, spatial
restrictions or other factors require a greater distance. At each site parking
for persons with disabilities may be provided at a location different from that
for the general public if necessary to comply with federal accessibility
standards.
4. Public boating access
shall be available free or at a fee meeting the requirements of sub.
(11).
5. Public boating access
support facilities such as toilets, waste containers, lights, etc., shall be
provided where necessary for public safety, or to protect resources or resolve
conflicts with affected property owners.
6. Public boating access shall, at a minimum,
be open during normal operating hours for outdoor public recreational
facilities in the vicinity and year-round unless public safety requires
closure. An exception may be made when public boating access is provided
through agreement with a private provider. Any boat launched during operating
hours may not be denied egress from the water at any time through the public
boating access. Any designated parking unit when found unoccupied shall be
considered available for use regardless of prior occupancy, except those
designated for handicap use.
7.
Public boating access shall provide for use which is consistent with protection
of navigable water and generally enjoyed by all users.
(5) MAXIMUM PUBLIC BOATING ACCESS.
(a) Local units of government or the
department may pursue more public boating access to waters than is required in
sub. (4). The department may pursue public boating access to achieve the
maximums in par. (b) unless local governments or the department adopt and
implement a plan.
(b) The
department has determined that granting permits for boating access on bodies of
water where the maximum access standards are exceeded will materially impair
navigation and is detrimental to the public interest. The department may not
pursue public boating access development nor may it approve permits or provide
financial assistance for public boating access beyond the levels described in
this subsection unless greater levels are established in a plan.
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Inland Lakes
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Maximum Public Boating Access
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(Open water acres)
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Less than 50 acres
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One carry-in access site for 5 vehicles
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50 to 99 acres
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One or more access sites which in total provide 5
car-trailer units
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100 to 499 acres
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One or more access sites which in total provide 1
car-trailer unit per 15 open water acres
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500 to 999 acres
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One or more access sites which in total provide 1
car-trailer unit per 25 open water acres but no less than 33 units for lakes of
500 to 825 open water acres
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1,000 to 4,999 acres
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One or more access sites which in total provide 1
car-trailer unit per 30 open water acres but no less than 40 units for lakes of
1,000 to 1,200 open water acres
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5,000 or more acres
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One or more access sites which in total provide 1
car-trailer unit per 50 open water acres but no less than 167 units for lakes
of 5,000 to 8,350 open water acres
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Rivers and Great Lakes
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Rivers and Lakes Michigan and Superior and their
bays
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One access site per 5 miles of flowing water or
where the department determines additional facilities would exceed resource
capacity of that part of the water body.
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Rivers and Streams
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Rivers and streams accessed primarily by
carry-in
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One carry-in site per 10 miles of flowing
water
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Exceptions
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Determined by a plan
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(c)
Access site development shall meet the criteria in subs. (4) to
(7).
(6) ALTERNATIVE
PUBLIC BOATING ACCESS AND WATERWAY PROTECTION PLANS.
(a) Natural resource enhancement services may
be provided for waters that have less public boating access than that in sub.
(4) (d), and public boating access may be developed that exceeds levels in sub.
(5) (b) only if local governments or the department implement a plan. Plans
developed by local governments require written approval by the department prior
to adoption.
(b) Plans shall
identify and assess the effects of waterway use on natural resources, describe
mechanisms to protect public safety and natural resources, and identify public
boating access that meets the objectives of s.
NR 1.90. Plans may apply to individual waters or groups
of similar waters. Plans shall consider environmental as well as social and
developmental factors which may include:
1.
Environmental sensitivity criteria:
a. Lake
size and irregularity.
b. Lake
depth and contour.
c. Sensitive
areas for fish, wildlife and aquatic plants.
d. Nature and composition of fish, wildlife
and presence of threatened or endangered resources.
e. Lake bottom sediment types.
f. Natural shoreline features.
g. Sensitivity to exotic species.
h. Water quality.
i. River or stream
characteristics.
2.
Social and developmental criteria:
a.
Shoreline beauty.
b. Shoreland
zoning.
c. Land use and land
cover.
d. Traditional, existing and
potential water uses.
e. Ability of
the municipality to regulate land use and development.
f. Ability of the municipality to enforce
public safety regulations.
g. Water
use regulations proposed or in effect.
h. Proximity to other waters.
i. Proximity to population centers.
j. Demand for recreational
opportunities.
k. Impact on public
safety.
l. Presence of culturally
or historically significant features.
m. Trespass problems associated with
increased access on rivers and streams.
3. Appropriate levels and types of public
access based on a consideration of the issues in subds. 1. and 2.
4. Ability of the municipality to effectively
implement the plan.
(c)
The department shall approve proposed plans and implementing ordinances if it
determines that the plans and implementing ordinances are consistent with
protection of public health, safety and welfare, the objectives of s.
NR 1.90 and include an accurate analysis of the issues in
par. (b). Department decisions related to plan approval may be appealed under
ch. 227, Stats. The department shall withhold enhancement services until an
approved plan is fully implemented. Public boating access site development
shall comply with any approved plan. The department may not approve grants and
permits if the decision would conflict with an approved plan.
(d) The sponsor of an approved plan shall
publish a summary of the plan as a class I legal notice.
(e) The department may waive the minimum
reasonable access standards or the need for an alternative plan where it finds
that this would not serve to protect the public rights and interest in the
waterway.
(7) PRIVATE
PROVIDERS. Privately owned public boating access shall be included in any
determination of access availability for purposes of compliance with ss. NR 1.91 to 1.93 and provision of resource enhancement services if:
(a) It is provided free or for a reasonable
fee, as defined in sub. (11),
(b)
The owner furnishes an irrevocable contract with the state, agreeing to provide
specified public boating access facilities for not less than 5 years,
and
(c) Facilities meet the public
boating access site development standards under sub. (8).
(8) PUBLIC BOATING ACCESS SITE DEVELOPMENT
STANDARDS. In addition to other state and federal requirements, including but
not limited to the uniform federal accessibility standards (UFAS) published by
the architectural and transportation barriers compliance board (ATBCB), the
Americans with disabilities act (P.L.
101-336) accessibility guidelines (ADAAG) and the
state of Wisconsin building codes (chs. SPS 361 to 365), the following
standards shall apply to acquisition, development and maintenance of boating
access sites for the purpose of determining compliance with ss.
NR 1.90 to 1.93:
(a)
Natural shoreline beauty shall be protected by preserving or creating adequate
vegetative screening for facilities and parking.
(b) The sum of all public boating access
sites on a water body shall accommodate multiple types of use appropriate for
the waterway. Individual access sites shall be designed to minimize conflicts
between uses at the site and on the water body.
(c) The site and support facilities shall be
designed and located so as to avoid damage to critical habitat and other
environmentally sensitive areas.
(d) Each site shall be designed to provide
barrier-free public boating access for persons with disabilities.
(e) Each site shall be clearly marked at
public roadways. Fees and hours of operation shall be clearly
posted.
(9) FINANCIAL
ASSISTANCE PROGRAMS. Providing public boating access is a partnership program
between state and local units of government. The department may only provide
financial assistance for projects which comply with ss.
NR 1.90 to 1.93 and other applicable state and federal
requirements. The department shall assist municipalities in applying for state
financial assistance for renovation, operation or maintenance expenses if the
maximum allowable launch fees do not provide enough revenue to pay for these
access site expenses.
(10)
MAINTENANCE AGREEMENTS. When in the best interests of the state, the department
may engage the services of others, by written agreement, with or without
compensation, for maintenance of state-owned or funded public boating access
sites.
(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:
(a)
Base
fee. A base is that fee that is charged a state resident vehicle for
entrance to the state parks.
(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.
1. Attendant when on duty.20 X Base
2. On-site toilet facilities.20 X
Base
3. Great Lakes sites.30 X
Base
4. Boats 20 ft. in length or
more but less than 26 ft..30 X Base
5. Boats 26 ft. or greater in length.60 X
Base
(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.
(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.
(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.
Note: A missing word is shown in
brackets.
Note: The department's mailing address is:
Department of Natural Resources, P.O. Box 7921, Madison, WI
53707.
(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.
(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.
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.
