NOTICE IS HEREBY GIVEN That pursuant to ss.
23.091,
23.09 (2) (intro),
23.11 (1),
23.28 (3),
23.293,
27.01 (2) (j),
27.01 (10) (b) and
(f),
227.11 (2) (a) and
23.33 (4) (b), Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on a rule revising Chapter
NR 45, relating to the use of department properties.
Chapter
NR 45, Wis. Adm. Code, which is the principle rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the department. The rule revision contains a number of fee changes relative to camping, and an increase in commercial use permit fees to address the continued costs of providing quality services. The proposed rule will also clarify the term “edible fruits" for collection, removing invasive plants without a permit, collection of dead and down wood below the ordinary high water mark, evictions from state properties, allowing designated roads in northern state forest properties as ATV route when authorized by the property master plan, allowing uncased bows and firearms when crossing the Glacial Drumlin state trail adjacent to the Lake Mills wildlife area when engaged in legal hunting. The rule also addresses launching of motor boats on portions of a water body when there are restrictions on the property's master plan, fee waivers for state park admission for holders of National park service pass program, requirement of vehicle admission fee at Parfey's Glen state natural area and creates a ban on glass containers at Straight Lake state park and prohibits the launching of motorboat and gasoline powered ice augers on Straight and Rainbow lakes and establishes the creation of a slow-no-wake area in the “narrows" of the Dells of the Wisconsin river. This also includes housekeeping changes regarding the Department's property management rules.
Hearing Information
Date and Time
|
Location
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May 17, 2010 - Monday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
|
DNR Executive Offices
101 S. Webster Street
Room G09
Madison, WI 53707
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May 18, 2010 - Tuesday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
|
Woodruff Town Hall
1418 1st Avenue
Woodruff, WI 54568
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Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Andy Janicki in writing at the Department of Natural Resources, P. O. Box 7921, 101 S. Webster St., LF/6, Madison, WI 53707; by E-mail to Andrew.Janicki@ wisconsin.gov or by calling (608) 267-7490. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of proposed rules and
fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site at http://adminruleswisconsin.gov. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting: Kathryn Fitzgerald, Department of Natural Resources, LF/6, PO Box 7921, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Submittal of Written Comments
Comments on the proposed rule must be received on or before May 21, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to: Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Sections
23.091,
23.09 (2) (intro),
23.11 (4),
23.17,
23.175,
23.28 (3),
23.293,
23.33 (4) (b),
27.01 (2) (i) and
(j),
27.01 (10) (f) and
28.04 (2), Stats.
Statutory authority
Explanation of agency authority
In addition to the general authority granted by s.
227.11 (2) (a), Stats., to implement and interpret its statutory authority, the Department of Natural Resources has specific grants of rule making authority in chs.
23 and
27, Stats., to manage its properties.
Related statute or rule
All Wisconsin DNR property management regulations are found in this chapter.
Plain language analysis
Chapter
NR 45 is the principal rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the Department of Natural Resources (DNR). This chapter is reviewed and revisions proposed by staff on a regular basis. This rule revision contains a number of fee and policy changes relative to camping and other uses of DNR land. The increased fees address the continued costs of providing quality services.
An amended rule clarifies that collection of edible plants without a permit is for personal consumption, clarify the term “edible fruits," and remove the prohibition on collecting edible fruit on state natural areas.
The definitions include the Coulee Experimental state forest as a “northern state forests" so that the code provisions governing the northern state forests cover this property. An amended rule prohibits fires on the Coulee Experimental state forest.
A created rule makes it permissible to remove invasive plants without a permit.
A created rule prohibits the collection of dead and down wood located below the ordinary high water mark of the northern flowage properties for ecological and aesthetic purposes.
An amended rule governs evictions from DNR lands to prevent an evicted individual from entering a different state park, forest, or recreation area for a specified period after being evicted in order to alleviate law enforcement problems.
An amended rule clarifies that contractual agreements permit concessions or special events rather than commercial use permits.
An amended rule allows DNR to designate roads within northern state forest properties as ATV routes when the property master plan authorizes this use.
An amended rule clarifies that the exception to the requirement that firearms must be unloaded and enclosed in a case only applies on the portions of a property that are open to hunting.
A created rule allows uncased bows and firearms when crossing the Glacial Drumlin State Trail adjacent to lands that are part of the Lake Mills Wildlife Area.
An amended rule permits camping on state-owned sandbars on the Lower Chippewa River and limits the number of campers at the Turtle Flambeau Scenic Waters Area group campsites.
A created rule prohibits the launching or removal of motorboats on those portions of waterbodies located within DNR properties when the property's master plan restricts the use of motorboats.
An amended rule reorganizes the list of fee areas at state forests and eliminates two fee areas from the list.
An amended rule repeals the fee waivers for state park admission for holders of the National Park Service pass program. Instead, waivers will be given utilizing general statutory authority and guidance found in internal policy documents.
An amended rule categorizes all state forest campgrounds as type “A" to allow for an increase in camping fees per s.
27.01 (10), Stats.
An amended rule increases camping fees by $3.00 due to local market conditions for Rock Island State Park and 5 state forest campgrounds as allowed by NR 45.12(2)(b)5.
An amended rule increases the fee for commercial use permits, and for use of the indoor group camp at Wyalusing State Park.
A created rule establishes fees, based on site amenities including the number of electrical pedestals, for the new outdoor group campground at Council Grounds State Park.
An amended rule repeals specified rates for renting entire campgrounds at Devil's Lake State Park.
A created rule establishes a slow-no-wake area in the “narrows" of the Dells of Wisconsin River State Natural Area for public safety reasons.
An amended rule establishes closed hours for the newly acquired Gibraltar Rock State Natural Area for safety reasons.
An amended rule allows the addition of state natural areas to areas where vehicle admission receipts are required, adds Parfrey's Glen State Natural Area to the list of properties requiring a vehicle admission fee, and allows people to explore beyond the end of the designated trail at Parfey's Glen State Natural Area in response to the loss of an established trail due to flooding.
A created Rule establishes rules of conduct at Yellowstone Lake Wildlife Area's shooting range and defines the term “range officer."
A created rule establishes rules to implement the master plan for Straight Lake State Park including a ban on glass containers, a motorboat prohibition on Straight and Rainbow Lake, and a prohibition of gasoline powered ice augers.
A created rule establishes special event and boat mooring fees at Lakeshore State Park and operations of the marina.
A created rule prohibits target shooting within the Thornapple River sturgeon spawning area in Rusk County for public safety reasons.
Comparison with federal regulations
These rules are consistent with the requirements for land that is acquired or managed all or in part with Pittman Roberts, Sport Fish Restoration, and Land and Water Conservation Act funding.
Comparison with rules in adjacent states
Information pertinent to camping fees in state forests:
Illinois:
•
Family campsite fees range from $10 per night to $20 per night.
•
Illinois pricing varies by location.
•
There is no mention of fee differentials due to market forces.
Minnesota:
•
Family campsite fees range from $12 per night to $18 per night.
•
Minnesota sets a range of pricing for different types of state parks.
•
Minnesota prices their "Familiar Favorites" campsites at the $18 fee.
Iowa:
•
Family campsite fees in Iowa range from $11 to $16 per night.
•
Iowa charges a camping differential fee based on the time of year.
Michigan:
•
Family campsite fees in Michigan range from $10 to $33 per night.
•
Campsite prices do not vary by season or day of the week.
Information pertinent to state park proposals:
Illinois:
•
North Point Marina is a comparable facility to Lakeshore state park. Vessels visiting North Point Marina 30 feet and under are charged a minimum daily rate of $40. There is an additional per foot, per day charge not to exceed $2 for each foot of vessel over 30 feet. Each seventh consecutive day leased under a temporary permit is free. 17 Ill. Adm. Code 220.60(c)
•
Rules allow the Department to evict campers and refuse to permit a person to re-enter the eviction site or park for a period of up to 365 days from such eviction. 17 Ill. Adm. Code 130.150
•
Rates for adult outdoor group camps are $4 per day with a $40 minimum charge
Iowa:
•
No Great Lakes moorages.
•
Department of natural resources officers are given authority to refuse camping privileges and to rescind any and all camping permits for cause. 571 IAC 62.8(461A)
•
Group camp fees are facility dependent with a wide range of fees depending on amenities and size. Some facilities require a deposit as well.
•
Special events require a permit.
Minnesota:
•
Does not charge moorage fees at state parks.
•
People in violation of rules are subject to immediate removal and any other appropriate legal action, to include revocation of permits issued. Minn. R. 6100.0525
•
Group camp fees are $50-$75 per night or $3 per camper per night, whichever is greater. A minimum non-refundable deposit of $50 per night reserved is charged for all class III group camps at the time the reservation is made. The balance of fees is due at time of arrival.
•
Special use requires a permit with proof of insurance.
Michigan:
•
People in violation of rules are subject to eviction and revocation of camping permit in addition to any other penalties prescribed by law. Mich. Admin. Code R 299.929
•
Campground fees range dependent on amenities and location. For groups rustic cabins are available for $60-$80 a night.
•
Permit is required for commercial operations. Land use permit is dependent on the event and the volume of people. Minimum of $50 is required for permit on medium intensity and for ranges depending on services for all intensity of use. Permit review, staff monitoring, and land use fees are all add-ons for the permit. The permit may range from free ($0) to a maximum of $950.
Summary of factual data and analytical methodologies
Information pertinent to camping fees in state forests:
Five northern state forest campgrounds are added to the current fifteen state parks where fees will be raised by $3 per night from $12 to $15 in response to market conditions . The new Northern state forest campgrounds added to this list are: Crystal Lake, Clear Lake, Firefly Lake and Musky Lake campgrounds in the Northern Highland American Legion State Forest (NHAL) and Castle Mound campground in the Black River state forest. The locations of these state forests include popular tourism destinations.
All other state forest campgrounds in six northern state forests are added to the Class “A" category where fees will be raised by $3 per night from $9 to $12.
A survey of the markets surrounding the Northern State Forest campgrounds being adjusted for market conditions reveals that prices are much higher for non-state forest campsites per night compared to state forest sites. The increase brings the Northern State Forests in line with current public camping facilities.
Surrounding market prices:
Campground Ownership
|
Fee Range
|
Wisconsin State Parks
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$12 - $15
|
National Forests
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$12 – $15
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County Parks
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$10 - $22
|
Private Campgrounds
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$18 - $50
|
Information pertinent to other state park proposals:
