Current through August 26, 2024
(1) DEPARTMENT LAND.
(a) All department land transactions are
subject to s.
NR 1.41.
(b)
The department shall incorporate an evaluation of the requirements of s.
23.0916(3),
Stats., in master plans under ch. NR 44, feasibility studies and other planning
documents that include land acquisition as an implementation strategy. This
paragraph applies to new plans as well as any plan updates that may be
undertaken for existing department projects that are subject to s.
23.0916(3),
Stats.
(2)
NON-DEPARTMENT LAND. In addition to the requirements of ch. NR 51, stewardship
program grant applications to acquire non-department lands subject to s.
23.0916(2),
Stats., shall include all of the following:
(a) A description of the public uses proposed
for the property being acquired and a checklist indicating which of the
specific NBOAs shall be permitted on the property. The checklist shall be in a
format determined by the department and shall include at a minimum:
1. An indication as to whether a specific
NBOA shall be allowed on the property.
2. For hunting, the checklist shall include
information for allowing waterfowl, small game, turkey and big game hunting and
shall include gun and archery hunting.
3. For trapping, the checklist shall include
information for allowing water trapping and upland trapping.
4. For fishing, the checklist shall include
information for permitting shore fishing and boat fishing.
5. For hiking, the checklist shall include
information for allowing trail hiking and hiking off-trail.
6. For cross-country skiing, the checklist
shall include information for allowing groomed trail skiing and off-trail
skiing.
(b) An
explanation of the primary purpose for the acquisition. The primary purpose for
the acquisition shall be based on s.
23.09(2), (20) (am),
23.0915,
or
23.0917,
Stats., and s.
NR 51.05 and on state, regional or local plans that
support the acquisition. The application shall include the name of the plan
being used and a description of the formal or informal public input
received.
(c) A description of the
NBOAs to be prohibited on the property and the reason for the prohibition. The
reason for the prohibition shall be consistent with s.
NR 52.05 and the applicant shall address in the
application the specific factors in s.
NR 52.05 that apply.
(3) DETERMINATIONS MADE IN ACCORDANCE WITH S.
23.0916,
STATS., AND S.
NR 52.05.
(a) When a
determination has been made in accordance with s.
23.0916,
Stats., and s.
NR 52.05 to prohibit one or more NBOAs on department land
the feasibility study and master plan for the project where the NBOA will be
prohibited shall be amended to describe the prohibited activity and a rule
change may be initiated to enforce it.
(b) The stewardship grant contracts executed
between the department and sponsor under s.
NR 51.07 that are subject to s.
23.0916,
Stats., and this chapter, shall describe any determination to prohibit one or
more NBOAs and require the sponsor to contact the department if any of the
factors identified in s.
NR 52.05 changes such that a prohibition may be
necessary, or is no longer necessary. The department shall evaluate those
changes to determine the applicability to this chapter.
(4) Public use of lands purchased in whole or
in part with funding from the stewardship program under s.
23.0917,
Stats., shall be subject to all applicable federal, state and local laws;
including but not limited to the public trust doctrine.
(5) Contributions of separate property used
as sponsor match under subch. I of ch. NR 51, are not subject to this
chapter.
(6) An organization with
an identified policy prohibiting or restricting one or more NBOAs must comply
with the provisions of this chapter regardless of the organization's
policies.
