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 16-007: 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 16-007: 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 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 45.05 NR 45.05Vehicles.
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.
NR 45.05(1)(g) (g) No person may operate a motor vehicle as defined in s. 340.01 (35), Stats., off highways and parking lots without a valid driver's license issued by this or another state or province, except for off-highway motorcycles in areas authorized for off-highway motorcycles.
NR 45.05(1)(h) (h) No person may operate an all-terrain vehicle off the developed portion of a designated all-terrain vehicle trail.
NR 45.05(1)(i) (i) Electric personal assistive mobility devices as defined in s. 340.01 (15pm), Stats., are prohibited on department lands except where authorized in the property master plan or posted open for their use.
NR 45.05(2) (2)Abandoned vehicles. No person may leave any vehicle unattended without prior departmental approval for more than 48 hours under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. An abandoned vehicle shall constitute a public nuisance.
NR 45.05(3) (3)Vehicle operation.
NR 45.05(3)(a)(a) Posted notices. Except as provided, no vehicle may be operated on lands and waters under the supervision, management or control of the department unless its use is specifically authorized by posted notice.
NR 45.05(3)(b) (b) Snowmobile races. No person may conduct or engage in snowmobile races on any lands under the supervision, management or control of the department.
NR 45.05(3)(c) (c) Speed limits. No person operating a vehicle may violate the posted speed limit.
NR 45.05(3)(d) (d) Persons with physical disabilities.
NR 45.05(3)(d)1.1. The department may authorize by permit persons with physical disabilities that affect the person's mobility to use a motorized vehicle as a mode of personal conveyance. The department shall accept proof of disability as required by 28 C.F.R. 35.137 (c) (2). Up to two additional people may occupy the device if their primary purpose is to assist the permittee.
NR 45.05 Note Note: Wheelchairs used by the physically disabled are not motorized vehicles. Permits must be obtained from the property manager or designee.
NR 45.05(3)(d)2. 2. The department may include reasonable permit conditions to protect safety and resources. No person may violate a condition of a permit issued under this paragraph.
NR 45.05(3)(e) (e) Bicycles. Except where provided in this chapter, bicycles are prohibited on all department lands except on public highways and areas or trails posted for their use. Bicycles are permitted in all areas, except where posted against such use, on the northern state forests, the Turtle-Flambeau and the Willow flowage scenic waters areas.
NR 45.05(3)(em) (em) Motor bicycles.
NR 45.05(3)(em)1.1. A motor bicycle as defined in s. 340.01 (30), Stats., may be operated on trails listed in s. NR 51.73 (1) and subject to this chapter that are otherwise open to bicycles under any of the following conditions:
NR 45.05(3)(em)1.a. a. When equipped with an electric motor: at speeds of less than 15 miles per hour while the motor is engaged.
NR 45.05(3)(em)1.b. b. When equipped with a non-electric motor: without the motor engaged, running or otherwise in operation.
NR 45.05(3)(em)2. 2. The department may allow operation of motor bicycles on specific trails or sections of trails not listed in s. NR 51.73 (1) that are all of the following:
NR 45.05(3)(em)2.a. a. Open to nonmotorized bicycle use.
NR 45.05(3)(em)2.b. b. Specified in a department master plan under ch. NR 44.
NR 45.05(3)(em)2.c. c. Posted as open for such use.
NR 45.05(3)(em)3. 3. The department may prohibit operation of motor bicycles on specific trails or sections of trails by posted notice. No person may operate a motor bicycle on a trail open to bicycles and posted closed to motor bicycles.
NR 45.05 Note Note: Any motor bicycle capable of speeds greater than 30 miles per hour is a motorcycle per s. 340.01 (32), Stats. and may only be operated by the public off of public roads where authorized and under the conditions of s. NR 45.05 (5).
NR 45.05(3)(f) (f) Bicycle trails. Bicyclists and operators of motor bicycles shall stop at any stop signs which are located on designated bicycle trails.
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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.