NR 45.04(2)(b) (b) Paragraph (a) does not apply to any person who for the sole purpose of fishing:
NR 45.04(2)(b)1. 1. Enters any of the locations listed in par. (a) prior to 11:00 p.m., or
NR 45.04(2)(b)2. 2. Enters any state park or state forest recreation area on the opening weekend of fishing season, or
NR 45.04(2)(b)3. 3. Uses the boat launch facilities and boat launching parking lots in the northern state forests.
NR 45.04(2)(b)4. 4. Enters any state park or state forest recreation area one hour before sunrise.
NR 45.04(2)(c) (c) The closing hours of this subsection do not apply to individuals with written authorization from the department or to those projects or parts of projects where the department has posted other opening and closing hours or where the department has waived these hours and established different hours for special events and programs. No person may enter or be within a department property contrary to closing hours established pursuant to this subsection.
NR 45.04(3) (3) Personal conduct.
NR 45.04(3)(a)(a) Disorderly conduct. No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, or conduct which tends to cause or provoke a disturbance or create a breach of the peace.
NR 45.04(3)(b) (b) Evictions. The department may expel any person or persons from the lands under the management, supervision and control of the department for violations of any state law, administrative rule or posted rules or regulations. The period of time for which a person may be expelled is 48 hours, or for the period of their camping permit, whichever is longer. The expelled person may not return to the property before the eviction period has elapsed or enter any other state park, forest, recreation area, or any other designated camping area for a period of 48 hours after eviction. Persons expelled are not eligible for refunds for unused camping fees or vehicle admission fees. People charged with violent, assaultive or disorderly behavior may be expelled until after the case is adjudicated in court.
NR 45.04(3)(c) (c) Observation towers. No person may possess or consume any food or beverage, including fermented malt beverage or intoxicating liquor, when on any observation tower.
NR 45.04(3)(d) (d) Refuse and recyclable materials.
NR 45.04(3)(d)1.1. No person may dispose of any debris, waste or recyclable material except by placing the material in receptacles provided for those purposes.
NR 45.04(3)(d)2. 2. No person may dispose of any waste or recyclable materials in any waste or recyclable receptacles or at any location if the waste or recyclable material is generated from a permanent or seasonal residence or a business or other commercial operation.
NR 45.04(3)(e) (e) Noise. No person may operate any sound truck, loudspeaker, generator, chainsaw, air-conditioner or other device that produces excessive, loud or unusual noises without first obtaining a written permit from the department.
NR 45.04(3)(f) (f) Soliciting.
NR 45.04(3)(f)1.1. No person may solicit or collect funds or peddle or solicit business of any nature, post signs or distribute handbills or advertising matter unless first authorized by contractual agreement.
NR 45.04(3)(f)2. 2. In addition to the requirements of subd. 1., in the state parks, state recreation areas and southern forests, no person may engage in commercial filming or photography or provide services for a fee that involves the provider's physical presence in the state park, state recreation area or southern forest unless first authorized by contractual agreement or a department commercial use permit.
NR 45.04(3)(f)3. 3. No person may use in any manner the dock, pier, wharf, boat landing or mooring facilities in, or on, the waters in or immediately adjacent to any lands under the management, supervision or control of the department for the purpose of soliciting rides of any kind, unless authorized by the department.
NR 45.04(3)(f)4. 4. This paragraph does not apply to the provision of emergency repair service or tour buses originating outside of department lands.
NR 45.04(3)(g) (g) Destruction of property. No person may destroy, molest, possess without permission, attempt to remove or remove the property of others.
NR 45.04(3)(i) (i) Metal detectors. The use of metal detectors is prohibited except by written permit issued by the property superintendent.
NR 45.04(3)(j) (j) Ski trails. No person may hike or snowshoe on designated cross-country ski trails when the trails are snow covered.
NR 45.04(3)(k) (k) Quiet zones. The department may establish quiet zones by posted notice. Within quiet zones, no person may operate a radio, boombox, musical instrument, tape player or similar noise producing device, unless the noise is confined to the person through the use of a headset.
NR 45.04(3)(L) (L) Fireworks. No person may possess or discharge any fireworks regulated by s. 167.10 (1), Stats.
NR 45.04(3)(m) (m) Structures.
NR 45.04(3)(m)1.1. In this paragraph, “ personal property" includes stakes, markers, or any other object which is placed with the intent of marking the location of a trap site except when the season established in s. NR 10.01 for that species is open and a lawfully set trap is placed with the stake or marker.
NR 45.04(3)(m)2. 2. Except as authorized by the department, no person may construct, place, occupy or use structures or store personal property on lands subject to this chapter. This paragraph does not apply to tents or canopies which are less than 100 square feet in area or other temporary structures which are used for recreational purposes and removed by 11:00 p.m. of the day they are placed on the property.
NR 45.04(3)(n) (n) Crops. Except when authorized by the department, no person may plant, cultivate or harvest any crop on lands subject to this chapter.
NR 45.04(3)(o) (o) Possession of marijuana. No person may possess 25 grams or less of marijuana or use marijuana as defined in s. 961.01 (14), Stats., unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner, as defined in s. 961.01 (19), Stats., while acting in the course of the practitioner's professional practice or except as otherwise authorized by ch. 961, Stats.
NR 45.04(3)(p) (p) Possession of drug paraphernalia. No person may use or possess drug paraphernalia in violation of s. 961.573 (1), Stats.
NR 45.04(3)(r) (r) Climbing permits. The department may require organized climbing groups to obtain a permit prior to engaging in rock climbing activities. Permit requirements shall be posted at the administrative office for the property subject to the permit requirement. The department may use the permit to limit the number of climbers and the time, manner and location of the climbing. No climbing group or member of a climbing group may engage in climbing activities without a permit or contrary to permit conditions when at a location subject to a permit requirement.
NR 45.04(3)(s) (s) Climbing. No person may engage in climbing activities, including the attachment of climbing anchors, on buildings, towers and boardwalks and other similar structures.
NR 45.04(3)(t) (t) Resisting or obstructing a law enforcement officer.
NR 45.04(3)(t)1.1. No person may knowingly resist or obstruct a law enforcement officer while that officer is doing any act in an official capacity and with lawful authority.
NR 45.04(3)(t)2. 2. In this subsection, “ obstruct" includes without limitation knowingly giving false information or knowingly placing, removing or concealing physical evidence with the intent to mislead a law enforcement officer in the performance of his or her duty.
NR 45.04(3)(u) (u) Paintball. Except when authorized by the department, no person may engage in an activity involving the use of paintball guns, paint markers or discharge of similar devices on any lands subject to this chapter.
NR 45.04(3)(v) (v) Campfires. On state properties where legally authorized campfires may be built, dead and down wood may be gathered from upland areas of the property for campfire use on the property without the need for a forest product permit. Driftwood or other dead and down wood located below the ordinary high watermark of the Willow, Turtle Flambeau, Rainbow, or Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.
NR 45.04(4) (4) Special Events.
NR 45.04(4)(a)(a) Except as provided in par. (c), no person or organization may advertise, promote or hold a special event without written approval from the department.
NR 45.04(4)(b) (b) To apply for written approval, a person or organization seeking to hold a special event shall submit to the department all of the following at least 90 days prior to the event:
NR 45.04(4)(b)1. 1. An application describing the special event on forms provided by the department.
NR 45.04(4)(b)2. 2. Proof of adequate insurance as determined by the department, with the policy naming the department as additional insured.
NR 45.04(4)(b)3. 3. A fee as determined by the department under s. NR 45.12 (4) (L).
NR 45.04(4)(c) (c) The department may waive the requirement to obtain written approval under par. (a) if the special event is authorized in an existing agreement with the department or if the special event will not result in any of the following:
NR 45.04(4)(c)1. 1. Public safety risks.
NR 45.04(4)(c)2. 2. Negative impacts to a unique plant or animal community or geological or cultural features.
NR 45.04(4)(c)3. 3. Costs to the department or additional department staff resources costs incurred as a result of the event.
NR 45.04(4)(c)4. 4. Negative impact to use and enjoyment of the property by others.
NR 45.04(4)(d) (d) The department may issue written authorization for a special event with conditions that it deems necessary to ensure the protection and orderly management of the property.
NR 45.04(4)(e) (e) The department may modify or terminate written authorization for any special event at any time if necessary to ensure public safety, protection of state facilities, or protection of natural resources.
NR 45.04(4)(f) (f) In addition to the fee in s. NR 45.12 (4) (L), the department may require the person or organization holding a special event to compensate the department for, or to restore to the satisfaction of the department, a natural resource or department property that is damaged as a result of a special event.
NR 45.04(4)(g) (g) No person may participate in a special event that is not authorized under this section.
NR 45.04 History History: Cr. Register, December, 1983, No. 336, eff. 1-1-84; am. (2) (a) (intro.) and (c), cr. (3) (k), Register, December, 1987, No. 384, eff. 1-1-88; emerg. cr. (3) (l), eff. 4-1-88; emerg. cr. (3) (l), eff. 4-1-89; emerg. am. (3) (l), eff. 5-2-89; renum. (3) (h) to be (3) (h) 1. and cr. (3) (h) 2., Register, March, 1990, No. 411, eff. 4-1-90; am. (1) (c) and (2) (c), cr. (3) (l), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (1) (a), (2) (a) and (3) (d), am. (1) (c), (3) (b) and (e), cr. (3) (m), Register, December, 1993, No. 456, eff. 1-1-94; cr. (1) (d), (2) (a) 3. and (b) 4., r. and recr. (2) (b) 3. and (3) (b), Register, November, 1995, No. 479, eff. 12-1-95; renum. (3) (k), (L) and (m) to be (3) (j), (k) and (L), Register, December, 1997, No. 504, eff. 1-1-98; am. (3) (g), cr. (3) (m), (n) and (o), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-011: cr. (1) (e), (3) (p), (r) and (s) Register April 2002 No. 556, eff. 5-1-02; CR 03-035: cr. (1), (f), am. (2) (c), (3) (n) and (p), r. and recr. (3) (f) Register December 2003 No. 576, eff. 1-1-04; CR 04-092: am. (1) (c), cr. (3) (t) Register April 2005 No. 592, eff. 5-1-05; emerg. cr. (1) (g), eff. 4-1-06; CR 06-065: cr. (1) (g) Register November 2006 No. 611, eff. 12-1-06; CR 07-026: cr. (2) (a) 4., r. (3) (h) Register December 2007 No. 624, eff. 1-1-08; CR 08-011: cr. (3) (u) Register September 2008 No. 633, eff. 2-1-09; CR 09-103: r. (1) (g) Register May 2010 No. 653, eff. 6-1-10; CR 10-042: cr. (1) (a) 2. and (3) (v), am. (1) (a) 1., (3) (b) and (f) 1., renum. (1) (a) 2. and 3. to be (1) (a) 3. and 4. Register December 2010 No. 660, eff. 1-1-11; correction in (1) (a) 4. made under s. 13.92 (4) (b) 7., Stats., and (3) (v) (title) created under s. 13.92 (4) (b) 2., Stats., Register December 2010 No. 660; CR 11-030: cr. (3) (m) 1. Register February 2012 No. 674, eff. 3-1-12; correction in numbering in (3) (m) made under s. 13.92 (4) (b) 1., Stats., Register February 2012 No. 674; CR 13-021: am. (1) (a) 1. Register October 2013 No. 694, eff. 11-1-13; 2013 Wis. Act 295: am. (2) (a) 2., r. (2) (a) 3., cr. (2) (a) 5. Register May 2014 No. 701, eff. 6-1-14; CR 16-028: am. (2) (a) 2. Register July 2017 No. 739, eff. 8-1-17; CR 16-001: am. (1) (b), (3) (v), cr. (4) Register July 2017 No. 739, eff. 8-1-17.
NR 45.045 NR 45.045Firewood.
NR 45.045(1)(1)In this section, “firewood” includes limbs, branches, roots, unprocessed logs, slabs with bark, cut firewood and chips.
NR 45.045(2) (2)No person may possess firewood that originates from any of the following:
NR 45.045(2)(a) (a) An area more than 10 miles from the campground, or the property itself if there is no campground, to which the firewood will be transported.
NR 45.045(2)(c) (c) An area, outside of the property where firewood is identified as a carrier of invasive terrestrial invertebrates and plant-disease causing microorganisms, including any of the following:
NR 45.045(2)(c)1. 1. An area that is in a zone of infestation designated by the department under s. 26.30 (7), Stats.
NR 45.045(2)(c)2. 2. An area quarantined by the department of agriculture, trade and consumer protection under s. 94.01, Stats.
NR 45.045(2)(c)3. 3. An area quarantined by the U.S. department of agriculture and animal and plant health inspection service under USC 7714 or 7715.
NR 45.045(2)(c)4. 4. An area quarantined by an American Indian tribe within the reservation of the tribe.
NR 45.045(3) (3)This section does not apply to firewood from sources approved by department of agriculture, trade and consumer protection, to dimensional lumber that is debarked, kiln dried and smoothed, or artificial fireplace logs.
NR 45.045(4) (4)The department may seize and dispose of firewood possessed in violation of this section.
NR 45.045 Note Note: A list of firewood sources approved by Wisconsin Department of Agriculture, Trade and Consumer Protection can be obtained at https://datcp.wi.gov/Pages/Programs_Services/MovingFirewood.aspx or by calling (608) 224-4573.
NR 45.045 History History: CR 09-103: cr. Register May 2010 No. 653, eff. 6-1-10; CR 13-080: am. (2) (a), r. (2) (b), renum. (2) (d) to (3), renum. (2) (e) to (4) and am. Register May 2014 No. 701, eff. 6-1-14; CR 16-001: am. (1), (2) (c) (intro.) Register July 2017 No. 739, eff. 8-1-17.
NR 45.046 NR 45.046Firewood collection for personal use at home.
NR 45.046(1)(1) In this section, “firewood” includes limbs, branches, roots, unprocessed logs, slabs with bark, cut firewood, and chips.
NR 45.046(2) (2)No person may cut, gather, buy, sell, use, transfer, or possess firewood, from any property for use off that property unless the person possesses a valid forest products permit issued by the department authorizing the cutting or gathering. A person required to hold a forest products permit under this sub. shall display the permit upon demand for inspection by the department or its agents.
NR 45.046(3) (3)The department may impose reasonable conditions on any forest products permit it issues, and may limit or deny a forest products permit if necessary to protect resources or avoid conflict with property management objectives.
NR 45.046(4) (4)The department may revoke a forest products permit issued under this section for a violation of any condition of the permit, or for otherwise cutting or gathering without authorization. Revocations under this subsection shall apply statewide and be limited to a period not to exceed one year from the date on which the department notifies the authorized person of the revocation. No person may possess or apply for a forest products permit for any property during a period of revocation.
NR 45.046(5) (5)Firewood collected or gathered under a forest products permit shall be for personal use only, and may not be sold or otherwise exchanged for anything of value. Exceeding the scope of this permit shall be considered a violation of s. 26.05, Stats.
NR 45.046 Note Note: Under s. 26.05, Stats., no person may cut, remove, or transport raw forest products or direct the cutting, removal, or transportation of raw forest products without the consent of the owner.
NR 45.046 History History: CR 16-001: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 45.05 NR 45.05 Vehicles.
NR 45.05(1)(1)Traffic and parking.
NR 45.05(1)(a) (a) No person may operate any vehicle at a speed in excess of 25 miles per hour or contrary to state highway or department traffic signs.
NR 45.05(1)(b) (b) All vehicles shall stop at department property entrance stations when such stop is ordered by department signs.
NR 45.05(1)(c) (c) No person may operate or park any vehicle as defined in s. 340.01 (74), Stats., which is required to be registered by law on lands under the management, supervision and control of the department except:
NR 45.05(1)(c)1. 1. On highways as defined in s. 340.01 (22), Stats.
NR 45.05(1)(c)2. 2. In posted parking areas and boat ramps.
NR 45.05(1)(c)3. 3. Overnight by permit at state trail parking areas.
NR 45.05(1)(c)4. 4. As otherwise specifically authorized by law or administrative rule.
NR 45.05(1)(d) (d) No person may park, stop or leave standing, whether attended or unattended, any vehicle or watercraft:
NR 45.05(1)(d)1. 1. In any manner as to block, obstruct or limit the use of any road, trail, waterway or winter sport facility, or
NR 45.05(1)(d)2. 2. Outside of any area provided for such purposes when it is practical to use such areas, or
NR 45.05(1)(d)3. 3. Contrary to posted notice.
NR 45.05(1)(e) (e) Any vehicle or watercraft in violation of par. (d) may be towed off the property and stored at the owner's expense.
NR 45.05(1)(f) (f) No person may operate a motor vehicle as defined in s. 340.01 (35), Stats., off highways and parking lots while under the influence of an intoxicant or a controlled substance.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.