Current through August 26, 2024
(1) DISTRIBUTION.
The department shall distribute all-terrain vehicle project aids on the basis
of a priority system according to the following priority ranked purposes;
(a) Maintenance of existing approved
all-terrain vehicle areas and trails, including routes;
(b) Purchase of liability
insurance;
(c) Acquisition of land
by easement, lease or other agreements for the use of land;
(d) Major rehabilitation of bridge structures
or trail segments;
(e) Acquisition
of land in fee and development of new all-terrain vehicle areas and trails,
including routes.
(2)
TRAIL MAINTENANCE. The department may provide state aid for trail maintenance
costs equal to the approved eligible project costs which may not exceed:
(a)
$100 per mile for winter
maintenance. Trails eligible for winter maintenance shall be
maintained and groomed for a total of not less than 2 months nor more than 6
months per year including the months of January and February.
(b)
$600 per mile for summer
maintenance. Trails eligible for summer maintenance shall be
maintained for a total of not less than 3 months nor more than 8 months per
year including the months of June, July, and August.
(2m) MAINTENANCE OF ROUTES. The department
may provide state aid up to 100 percent of the cost of the purchase of
all-terrain vehicle route signs and arrows, trail crossing warning signs, and
signs briefly explaining the intoxicated all-terrain vehicle operator law.
All-terrain vehicle routes, whether a part of an approved all-terrain vehicle
trail or not, are not eligible for per mile maintenance payments under sub.
(2).
(2r) MAINTENANCE FUNDING OF
HYBRID TRAILS ("TROUTES").
(a)
Hybrid
trails existing before August 1, 2012. The department may provide
state aid of up to 100 percent of the per-mile rate listed in sub. (2). Any
hybrid trail that received funding under this chapter prior to August 1, 2012,
and is posted with signs as a hybrid trail, shall continue to be eligible to
receive the per-mile maintenance reimbursement rate under sub. (2) (a) or sub.
(2) (b) or both. Any hybrid trail that received funding under this chapter
prior to August 1, 2012, and is posted with signs as a hybrid trails, shall be
eligible for rehabilitation costs of up to 100 percent of costs.
(b)
Hybrid trails existing on August
1, 2012 or later. All hybrid trails developed on August 1, 2012 or
later, shall be posted with signs as hybrid trails and are eligible for funding
under this chapter as follows:
1. For
eligible applicants not receiving gas tax for a road on which all-terrain
vehicles will also be traveling, not more than 50 percent of the per-mile rate
as identified in sub. (2)
2. For
eligible applicants receiving gas tax for a road on which all-terrain vehicles
will also be traveling, the per-mile rate identified in sub. (2) minus the gas
tax received, not to exceed 50 percent of rate in sub. (2).
(3) AREA MAINTENANCE.
The department may provide state aid for maintenance of an all-terrain vehicle
area equal to 50 percent of the approved eligible project costs to maintain the
all-terrain vehicle area. Sponsors receiving maintenance aid for all-terrain
vehicle areas from the motorcycle recreation program are not eligible for
maintenance aid under the all-terrain vehicle aids program.
(4) PRORATION. Should funds not be sufficient
to satisfy the total request for a priority ranked purpose, i.e., either
maintenance, insurance, or land acquisition, the funds shall be distributed to
sponsors on a proportional basis for that purpose.
(5) ACQUISITION.
(a)
Eligibility. Any town,
village, city, county, or state or federal agency may receive aids to purchase
lands or secure easements, leases, permits or other appropriate agreements,
written or oral, permitting use of private property for public all-terrain
vehicle trails, facilities and areas.
(b)
Fee simple. The cost of
purchasing land in fee simple for all-terrain vehicles shall be based on the
appraised value of the land.
(c)
Easement or lease. For trail purposes, the width of the
all-terrain vehicle right-of-way may not exceed one rod. The easement or lease
shall contain, at a minimum, the right to sign, right of limited construction,
right to maintain, right of use by all-terrain vehicles and necessary trail
grooming equipment. Cost sharing is limited to the minimum land area necessary
for the all-terrain vehicle trail.
1. All
local units of government, state and federal agencies shall certify to the
department that easements, leases, permits, or other appropriate agreements
secured grant public access and use of the land for all-terrain vehicles. The
local units, state or federal agencies shall maintain a current file of all
easements, leases or permits which include the name of the property owner,
description of the property, duration of the lease, easement or permit, and
amount to be paid for the lease, easement or permit.
2. The department may provide aid to pay $.10
cents per rod for easements or leases for an all-terrain vehicle
trail.
3. The cost of leasing land
for all-terrain vehicles other than trail right-of-ways shall be based on the
appraised value of the easement.
(6) DEVELOPMENT.
(a) Development shall begin within one year
of the date land is acquired.
(b)
All-terrain vehicle trail shall meet the following design requirements and
specifications:
1. The minimum cleared width
for one way trails is 6 feet and the maximum is 8 feet.
2. The minimum cleared width for two way
trails is 10 feet and the maximum is 12 feet.
3. A height of 8 feet above the trail shall
be cleared.
4. All-terrain vehicle
trails may not be routed over bodies of water. If stream crossings make
bridging necessary, bridges shall be at least 8 feet wide clear of obstruction.
If the bridge is located on an abandoned railroad grade, the bridge width shall
be at least 10 feet clear of obstruction. The department shall determine the
need for bridging or if fords or ice crossings may be used.
5. Trails shall not be routed through
wilderness areas, game preserves, winter browse areas, experimental stations,
nurseries, or plantations.
(c) Signs for use on all-terrain vehicle
trails shall have the same specifications as those under s.
NR 50.09(4) (c)
3. b. with the following additions:
WINTER USE TRAIL MARKER
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SUMMER USE TRAIL MARKER
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YEAR ROUND USE TRAIL MARKER
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1. Purpose: To
delineate when the trail is available for all-terrain vehicle use during the
year.
Size: 6 inches by 6 inches
Color: For winter use trails, the sign shall be a reflective
white background, reflective brown border and symbol, and reflectorized words
WINTER USE. For summer use trails, the sign shall have a reflectorized brown
background, reflectorized white border and symbol, and reflectorized words
SUMMER USE. For year-around use trails, the sign shall be split in half with
the upper half using the winter design and colors and the lower half using the
summer design and colors.
Note: The department considers signs with titles
indicating "WINTER" or "SUMMER" to be the equivalent to signs with titles
indicating "WINTER USE" or "SUMMER USE".
2. The all-terrain vehicle symbol for
permissive and restrictive signs shall be the same as under subd. 1.
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INTOXICATED OPERATION SIGN
(d) The department shall distribute aids for
all-terrain vehicle area and trail development projects, including routes,
considering the following criteria:
1.
All-terrain vehicle routes, areas and trails in counties where routes, areas,
and trails are in short supply in comparison to demand.
2. All-terrain vehicle routes and trails that
provide connecting loops or origin-destination segments over dead end
segments.
3. All-terrain vehicle
routes or trails that provide connections from one jurisdiction to
another.
4. All-terrain vehicle
routes and trails that have potential for year round use.
5. All-terrain vehicle routes, areas, trails,
and bridges to be developed on publicly owned land or private land under a
written easement, lease, permit, or other agreements for a minimum of 3 years
or greater. The length of any easement, lease, permit or other agreement for
the placement of a bridge on private land that is either developed or
rehabilitated with funds under this chapter shall be for a period of at least 3
years if the total cost of the bridge is $50,000 or less. Any easement, lease,
permit or other agreement for the placement of a bridge on private land that is
either developed or rehabilitated shall be in writing. The length of any
easement, lease, permit, or other agreement may be a factor in determining the
amount of funds awarded under this chapter.
Note: The Off Road Vehicle Advisory Council
will, at one of its duly-noticed meetings, consider public comment, develop
criteria for easements, leases, or permits, and recommend these criteria to the
department, including minimum year lease requirements beyond the required
3-year lease for bridge projects costing more than $50,000. The Council may
meet with the Governor's Snowmobile Recreation Council to develop joint
recommendations for easement criteria for joint snowmobile and ATV trails to
the department. See online materials at http://dnr.wi.gov/Aid/Meetings.html.
Click on tab Off road vehicles.
(7) MAINTENANCE. Local units of government
and state or federal agencies shall be required to maintain all-terrain vehicle
areas and trails developed on land receiving aids for acquisition or
development.
(8) MAJOR
REHABILITATION.
(a) Any town, village, city,
county, or state or federal agency may receive aids for up to 100 percent of
eligible costs for the major rehabilitation of bridge structures or trail
segments requiring significant improvements or repair.
(b) For bridge rehabilitation projects that
involve total deck replacement, the deck shall be reconstructed to be at least
8 feet wide and free from obstruction.
(c) When a bridge rehabilitation project is
located on an abandoned railroad grade and involves total deck replacement, the
deck shall be reconstructed to be at least 10 feet wide and free from
obstruction.
(d) Sponsors of
projects for major rehabilitation of a trail segment shall explain to the
satisfaction of the department why the rehabilitation activities cannot be
accomplished through the use of trail maintenance funds under sub.
(2).
(9) ALLOWABLE COSTS,
BILLINGS AND AUDITS.
(a)
1. Reimbursement of costs of development of
all-terrain vehicle areas and trails shall be up to 100 percent of approved
eligible project costs. Reimbursement of costs of development of hybrid trails
existing before August 1, 2012, shall be up to 100 percent of
approved eligible project costs. Sponsors may request an advance payment of up
to 75 percent of the signed contract amount for development.
2. Development project costs may not be
incurred until a project agreement has been approved by the department and the
sponsor.
(am)
1. Reimbursement of costs of major
rehabilitation of all-terrain vehicle bridges or trail segments shall be for
not more than 100 percent of approved eligible project costs. Sponsors may
request an advance payment of up to 75 percent of the signed contract amount
for major rehabilitation.
2. Major
rehabilitation project costs may not be incurred until a project agreement has
been approved by the department and the sponsor.
(ar)
1.
Eligible costs for all-terrain vehicle bridge development and rehabilitation
projects include all of the following: construction and replacement of entire
structure including approaches and abutments, construction and repair to the
superstructure of the bridge, construction and replacement of the entire deck
and railings and construction and repair or construction and replacement of
protective riprap around abutments or footings.
2. Costs that are not eligible for
development and rehabilitation cost sharing include all of the following:
construction and replacement of bridge railings only, decking and patching of
decking, grading or minor repair to approaches, construction and bridge repairs
to bring bridge structure within any existing codes, construction and
reinforcement of bridge structures to accommodate weights in excess of 14,000
pounds and deck construction and replacement for the primary purpose of
accommodating larger grooming equipment.
3. Cost sharing for the purchase and
installation of prefabricated bridges shall be limited to structures with a
maximum design load of 14,000 pounds.
4. Cost sharing for the purchase of materials
and construction of bridges built on site by either contractors or clubs shall
be limited to a maximum design load of 14,000 pounds unless there are
circumstances that warrant a capacity greater than 14,000 pounds for no
demonstrated increase in cost.
Note: For bridge design, see the bridge
guidelines for new and replacement snowmobile and all-terrain bridges at
http://dnr.wi.gov/files/PDF/pubs/cf/CF0005.pdf.
(b) Payment of liability insurance costs for
liability insurance purchased by a local unit of government for approved trails
shall be 100 percent of eligible costs.
(c) Sponsors may request advance payments of
up to 50 percent of the project amount for maintenance. To be eligible for
maintenance advance payments a sponsor shall have settled all maintenance
claims from previous years.
(d)
Rehabilitation of hybrid trails existing after August 1, 2012
and not receiving gas tax for a road on which all-terrain vehicles will also be
traveling, at 50 percent, excluding structures.
(dg) Claims will be on a reimbursement basis
except for development and maintenance project advances.
(e) Sponsors shall be required to keep a
separate account for all-terrain vehicle project costs.
(f) Winter trail grooming rates shall be
established annually by the department.
(g) Equipment rates for other maintenance
activities and trail development performed by force account or all-terrain
vehicle clubs or organizations may not exceed the county machinery agreement
established annually by the department of transportation.
(h) Labor rates for other maintenance
activities and trail development performed by all-terrain vehicle clubs or
organizations shall be established annually by the department.
(i) Labor rates for other maintenance
activities and trail development by municipal employees or others included in a
labor contract shall be as established by the contract.
(j) Reductions in grant payments for failure
to comply with the requirements of maintenance or development project
agreements may be made on a case-by-case basis. A partial or total reduction in
funds shall be preceded by specific written notification of conditions which
were not met and include a timetable for improvement in performance. Continued
failure to comply with the grant agreement within the prescribed timetable may
result in a reduction of grant funds. The reduction shall be calculated based
on a percentage of poor performance in relation to the total trail system
included in the grant agreement.
(k) The cost of producing trail maps is an
eligible expense under a maintenance or development project.
(10) USEFUL LIFE.
(a) A table of maximum useful life for
project elements is established for the purpose of project record management.
The listing of the maximum useful life figures for all-terrain vehicle
maintenance, development, insurance, and acquisition projects is as follows:
|
Activity
|
Description
|
Maximum Useful Life in Years
|
|
Maintenance
|
Includes brushing, signing, grooming, minor
structural repairs
|
0
|
|
Acquisition
|
Annual easements and leases
|
0
|
|
Insurance
|
Purchase of liability coverage by governmental
sponsor
|
0
|
|
Development
|
General trail construction
Bridge structures
Culverts
Gates
Multi-purpose buildings
Trail shelters
|
0
10
3
3
20
5
|
(11) APPLICATION FOR AID. A local unit of
government or a federal agency which seeks to receive aids for all-terrain
vehicle projects for the following year shall contact the appropriate
department regional office for prescribed application forms and instructions
and submit a completed application by April 15.
