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.
NR 64.14(5)(a)(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.
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.
The department may provide aid to pay $.10 cents per rod for easements or leases for an all-terrain vehicle trail.
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.
Development shall begin within one year of the date land is acquired.
All-terrain vehicle trail shall meet the following design requirements and specifications:
The minimum cleared width for one way trails is 6 feet and the maximum is 8 feet.
The minimum cleared width for two way trails is 10 feet and the maximum is 12 feet.
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.
Trails shall not be routed through or by areas of anticipated conflict that may include, but are not limited to, wilderness areas, game preserves, winter browse areas, experimental stations, nurseries, plantations and residences.
WINTER USE TRAIL MARKER
SUMMER USE TRAIL MARKER
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.
NR 64.14 Note
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".
The all-terrain vehicle symbol for permissive and restrictive signs shall be the same as under subd. 1.
The department shall distribute aids for all-terrain vehicle area and trail development projects, including routes, considering the following criteria:
All-terrain vehicle routes, areas and trails in counties where routes, areas, and trails are in short supply in comparison to demand.
All-terrain vehicle routes and trails that provide connecting loops or origin-destination segments over dead end segments.
All-terrain vehicle routes or trails that provide connections from one jurisdiction to another.
All-terrain vehicle routes and trails that have potential for year round use.
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.
NR 64.14 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.
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.
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.
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.
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.
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)
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.
Development project costs may not be incurred until a project agreement has been approved by the department and the sponsor.
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.
Major rehabilitation project costs may not be incurred until a project agreement has been approved by the department and the sponsor.
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.
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.
Cost sharing for the purchase and installation of prefabricated bridges shall be limited to structures with a maximum design load of 14,000 pounds.
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.
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.
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.
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.
Claims will be on a reimbursement basis except for development and maintenance project advances.
Sponsors shall be required to keep a separate account for all-terrain vehicle project costs.
Winter trail grooming rates shall be established annually by the department.
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.
Labor rates for other maintenance activities and trail development performed by all-terrain vehicle clubs or organizations shall be established annually by the department.
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.
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.
The cost of producing trail maps is an eligible expense under a maintenance or development project.
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:
- See PDF for table
(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.
NR 64.14 History
Cr. Register, July, 1986, No. 367
, eff. 8-1-86; am. (2), (6) (b) 1., 2. and 4., renum. (9) to be (10), cr. (2m), (6) (c) 3., (8) (j) and (k) and (9), Register, November, 1989, No. 407
, eff. 12-1-89; am. (1) (c) and (5) (a), r. and recr. (1) (d) and (2), renum. (8) to (10) to be (9) to (11), cr. (1) (e) and (8), Register, May, 1991, No. 425
, eff. 6-1-91; am. (2) (a), (b) and (11), r. (2) (c), r. and recr. (9) (a) 1., cr. (9) (am), Register, December, 1999, No. 528
, eff. 1-1-00; CR 03-044
: am. (2) (a) and (b) Register December 2003 No. 576
, eff. 1-1-2004; CR 11-050
: am. (2) (b), cr. (2r), am. (6) (c) (intro.), 1., (d) 5., (9) (a) 1., cr. (9) (ar), renum. (9) (d) to be (9) (dg), cr. (9) (d) Register July 2012 No. 679
, eff. 8-1-12.
Law enforcement aids to counties. NR 64.15(1)(1)
Counties may receive up to 100 percent reimbursement of monies spent on the enforcement of s. 23.33
, Stats. Officers involved in the enforcement of s. 23.33
, Stats., must have authority pursuant to s. 23.33 (12)
Claim forms shall be filed with the department's appropriate law enforcement safety specialist on or before June 1 of the year following the 12–month period for which the claim is made. Claims shall be made for the May 1 to April 30 period immediately proceeding the filing date.
The following forms shall be used in the all-terrain vehicle enforcement aid program:
(a) Form 8700-59 — Notice of intent to patrol.
In order to be eligible for the state aids, an all-terrain vehicle patrol shall function as an enforcement unit and file an intent to patrol form with the department of natural resources listing the authority under which the all-terrain vehicle patrol will operate. On or before June 1 of each year a county shall file an intent to patrol form with the department, sent to the attention of the Bureau of Law Enforcement, P.O. Box 7921, Madison, Wisconsin 53707.
(b) Form 8700-89 — Daily log.
This form is to be used in compiling a summary of the all-terrain vehicle patrol's daily activities and expenses. It is not to be filed with the department, but is to be used for assembling information necessary to complete form 8700-90. This form shall be kept on file by the all-terrain vehicle patrol to augment its records and shall be available in chronological order for periodic checks by representatives of the department during normal business hours and at the time of the annual audit.
(c) Form 8700-90 — Monthly report.
This form is to be completed and filed with the department no later than the tenth day following the month covered. The information shown on this form will be a computation of the information taken from the daily logs (form 8700-89).
On or about April 1 of each year, one set of the following forms shall be sent by the department to each county which has an intent to patrol form on file. The appropriate official shall fill out the forms, retain one set for the county's records, and file 2 sets with the department's appropriate law enforcement safety specialist on or before June 1, covering the patrol expense for the preceding 12–month period of May 1 to April 30. Claims which are received by the department after June 1 may not be processed for payment.
1. `Form 8700-60 — Application for state aid.'
This form shall be completed by the appropriate county official, who shall list the total net cost of the all-terrain vehicle patrol claimed by the county.
2. `Form 8700-61 — Salary schedule.'
This form shall be completed by the appropriate county official who shall list the names and salaries of persons engaged in the enforcement of s. 23.33
, Stats. Salary rate shall be restricted to no more than the regular straight time rate which the certified law enforcement officer normally receives. Fringe benefit rates are actual costs up to a maximum of 29 percent of the reimbursable straight time salary rate.
3. `Form 8700-62 — Travel, materials and supplies schedule.'
This form shall be completed by the appropriate county official, who shall list all reimbursable expenditures other than salaries and depreciable items.
4. `Form 8700-63 — Depreciation schedule - straight line method.'
This form shall be completed by the appropriate county official, who shall list all capital outlay equipment and the resulting depreciation. Depreciation shall be calculated at the rate of 121⁄2 percent annually of all equipment (over $1000.00) except all-terrain vehicles which shall be figured at the rate of 20 percent annually.
5. `Form 8700-64 — Record of court cases for violations of s. 23.33, Stats.'
This form is to be completed by the appropriate county official, who shall list all violations and court actions for the calendar year.
Each claim shall be audited by the department as soon as possible after the claim has been received. Payment of claims shall be made no later than October 1. Reimbursement of the actual cost and maintenance of all-terrain vehicle enforcement patrols is authorized. Travel expenses and salaries for training purposes are authorized only for attendance of all-terrain vehicle enforcement training sessions conducted by the department. The person in charge of the patrol or designee is required to attend all designated department all-terrain vehicle enforcement patrol training sessions as a condition of receiving aids under this section and s. 23.33
Should funds not be sufficient to satisfy the total request of eligible audited costs, funds shall be distributed on a proportional basis.
In order to help achieve uniformity, accountability and cost controls, the following standards are established:
For the purpose of patrol reimbursement, each patrol is eligible for reimbursement for only those hours up to 3 times the state average of arrests per hour for participating sheriff patrols for the past 3 years computed from the statewide all-terrain vehicle sheriff patrol records. Two documented written warnings will be given the same weight as an arrest. No more than 50 percent of the credits to reach the standard may be for written warnings.
For the purpose of reimbursement of leased capital equipment, the amount may not be more than 50 percent above the average depreciation cost of the prior year for all all-terrain vehicle patrols claiming depreciation.
When more than 50 percent of the eligible patrols are submitting claims, no one patrol may receive more than 20 percent of funds available.