Administrative Code Rule Changes For Management of DNR Lands

To ensure the DNR lands are managed to balance resource protection and outdoor recreation opportunities, department staff are evaluating and updating some chapters of the Wisconsin Administrative Code that deal with how the public uses state land. This process will focus on ch. NR 45 (use of department properties), though the department will also be updating other chapters of administrative code related to department-managed lands. The process for non-emergency, agency-initiated administrative code changes such as this has a long timeline.

Background

The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature. Administrative rules have the full force and effect of law.

Chapter NR 45 of the Wisconsin Administrative Code governs how visitors can use state lands and provides the department authority to protect natural resources. Proposed updates for this review process touch on important topics such as department fee structures, vehicle and boat use regulations, camping rules and hours of operation, technology regulations, rules relating to animals such as pets, general property use rules and property-specific rules. All of the rules under consideration in this rule package are specific to DNR lands only and do not govern non-DNR lands.

Proposed Rule Change Topics

Below are several topics under review. This list is not exhaustive. For details on the scope of this administrative rule package, see the Scope Statement.

The current rule package for the management of DNR lands can be found here: NRB Order Number PR-03-20 [PDF]. It is part of the Proposed Permanent Administrative Rules for the DNR.

Fee Structures

This rule will consider fees on various properties that charge fees for camping, parking, boat docking, rentals or other purposes. Fee modifications may include updating fees to keep pace with factors such as public use and facility management expenses, eliminating certain fees, establishing fee areas described in property master plans or for meeting facilities, and modifying fee structures.

Vehicle and Boat Use

The department will consider adding or modifying areas in which vehicles may be used and may clarify rules on whether ATVs/UTVs, snowmobiles, bicycles and electric bicycles can be used on roads and trails within properties. However, this rule process is not intended to be a comprehensive revision and would not revisit policies established by planning processes.

Regulations on the use of boats on more than 70 individual water bodies within department lands will be reviewed. Some of these existing regulations include motor type or other boating prohibitions. These rules may consolidate types of regulations in order to simplify them, eliminate regulations that are outdated and will consider new regulations.

This rule may also address vehicle rules that are now duplicative after the creation of additional administrative code chapters or statutes.

Camping and Operating Hours

The department will revise camping policies to bring them up to date with the new camping reservation system and may allow or prohibit camping on certain types of department properties, such as wildlife areas, and change camping admission and facility rules and fees. This rule may also address property use by persons engaged in legal, open hunting outside regular property operating hours. This rule will also review quiet hours and hours that visitors may use the properties and make changes if needed.

Technology

This rule will establish policies for drone use on or over department lands. The use of paintball guns is currently regulated on department lands, and this rule may also propose regulations for the use of other types of weapons, such as airsoft guns.

Animals

This rule will evaluate and potentially revise areas of properties, including facilities, where pets are allowed on and off-leash. The rule may modify restrictions on equine animals to include other non-equine, large, hoofed animals and may also revise policies on the use of equine and hoofed animals on roads open to motor vehicles. This rule will also consider codifying rules prohibiting feeding wildlife in certain areas, such as beaches.

General Public Land Use

This rule is proposed to address allowable uses of department-managed properties to limit detrimental uses and encourage recreational use in line with the management strategies of each property. The rule may modify regulations for gathering edible and non-edible natural materials for personal use. Chapter NR 45 contains the regulations for the use of firearms and other weapons in designated use areas. These regulations will be reviewed and may be modified. These rules may clarify policies for recreational activities such as rock climbing to protect safety and property and review policies on multi-use trails and property accessibility.

The department may also review and update solicitation restrictions, review noise level rules, and update rules for certain structures placed on state lands, such as trail cameras and artificial hives or swarm traps. This rule will review closures on properties or parts of properties during part of or the entire year and may consolidate closures into one section for simplification. Rules regarding special events and commercial use of DNR lands will also be updated. This rule will also make minor changes and clarifications to language to reduce confusion and facilitate law enforcement efforts.

Property-specific Regulations

The department will address regulations to meet a variety of public health, safety and welfare and land and resource management goals on state-owned and -managed properties. The department may update rules specific to individual properties or may consolidate rules that currently apply to individual properties into a different section or structure. The department may pursue additional property regulations that are reasonably related to the use or management of department lands.

No action to update these rules could result in uses of department properties that are detrimental to public safety and welfare or incompatible with property management goals, fee structures that do not keep pace with demand and funding needs, reduced recreational opportunities and regulatory uncertainty for the purposes of law enforcement.

Public Participation

Public participation is a critical component of agency rulemaking. The rule process is now in Step 3 in the timeline below, which includes a review period and a public hearing. The current rule package can be found here: NRB Order Number PR-03-20 [PDF].

Public Comments

The public comment period is open through Sunday, Dec. 10, 2023. Comments may be submitted by email, U.S. mail or at the virtual public hearing. All comments submitted in any format will have the same weight and effect. 

The virtual public hearing for this rule package is scheduled for Tuesday, Dec. 5, 2023, at 4:30 p.m. via Zoom. Registration is required, and participants can register for the meeting at any time until the hearing is concluded.

• If you cannot register for the hearing but will attend, or will be attending with someone else who has completed the Zoom registration, please fill out an appearance slip [PDF]. Anyone who registers using the Zoom link will automatically fill out the appearance slip as a part of the Zoom registration. One appearance slip is needed for each hearing attendee.

Written comments and any questions on the proposed rule changes should be submitted to:

Department of Natural Resources
Attn: Brigit Brown
101 S. Webster St. - PR/6
Madison, WI 53703
Email: DNR Administrative Rules Comments

Administrative Code rulemaking timeline (subject to change)

There are many steps to agency-initiated administrative code update packages such as this one. The steps for Administrative Code rule changes for Management of DNR Lands can be broken down into four major areas.