Section 5 creates a subsection that describes the maintenance grant funding available for ATV hybrid trails.
Section 6 amends reimbursement for trail rehabilitation to include hybrid trails.
Section 7 renumbers a paragraph of the rule.
Section 8 creates criteria for grant funding for hybrid trail rehabilitation.
Section 9 provides information on effective dates of this rule.
Section 10 provides information on Board adoption.
Summary of, and comparison with, existing or proposed federal regulations
The federal government has one program that is somewhat similar to the Wisconsin ATV grant program: the Recreational Trails Act (RTA) grants. This federal program provides grant funds for the acquisition, development, rehabilitation of trails and structures (such as bridges and culverts) and maintenance of motorized, non-motorized, and mixed-use trails. The department has received RTA funds for many years and often matches RTA grant funds from the motorized subprogram to Wisconsin ATV grant awards. In the RTA program, maintenance and rehabilitation activities are the two highest priority categories for grant funding; these priorities are shared by the Wisconsin ATV grant program. The WI ATV grant program can make grant awards for 100% of eligible project costs. However, in order to stretch state grant funds farther, the department often matches a 50% grant from its ATV grant programs with a 50% RTA grant.
There is no current requirement for trail – route combination in the RTA program.
Comparison with rules in adjacent states
Minnesota, Michigan, Iowa, and Illinois all have ATV trail grant programs. Only Michigan allows ATVs on both trails and routes.
Summary of factual data and analytical methodologies
The department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the department revise Ch.
NR 64 to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as “troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails
(“
troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a “troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to Ch.
NR 64 that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV “troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are “troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Include new trail-route category in ATV grant program. The department expects that this emergency rule will have no negative fiscal effect on small business. Trail-route combinations already exist and are part of the ATV program, but identified only as trails. DNR legal counsel had earlier opined that a new ATV category be created to recognize trail-route hybrids thereby making program administration more consistent.
Positive Economic Impact of the ATV Grant Program in Wisconsin. A March 2004 Executive Summary of the Economic & Demographic Profile of Wisconsin's ATV Users Report by the WI Division of Tourism in conjunction with the Wisconsin ATV Association (WATVA) and the University of Wisconsin – Madison Extension Department of Urban & Regional Planning, showed $295.3 million was spent by ATV trail users during the period of June through October 2003. The report showed that 86% of ATV trail users were from Wisconsin. The total annual spending in Wisconsin by out-of-state ATVers was $34.7 million. Using the Consumer Price Index (CPI) to adjust, ATVer spending could be as high as $362.2 million and spending by out-of-state ATVers as high as $42.6 million during 2011. Specific information from the report is as follows:
ATVer Expenditures per Trip
During June through October 2003
(Daily Average Spending = $200.62)
Category ATVers
Food/beverage: $107.52
Entertainment: $50.98
Shopping: $87.15
Gas/Transportation: $100.72
Convenience Stores: $36.35
Lodging: $144.78
Gaming: $47.12
Other: $67.38
Total: $642.00
Effect on Small Business
ATV grants assist with the cost of construction, development, and maintenance of specific trails. Those trails draw riders and their disposable income. Small businesses located in the area of ATV trails benefit when trail users make the following purchases: fuel and other items at convenience stores; retail items; accommodations or lodging; sales of replacement vehicle parts; repair or maintenance of snowmobiles or ATVs; rider clothing, protective gear, and accessories; food and drink at restaurants and other establishments.
Pursuant to ss.
227.114 and
227.137, Wis. Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses, although small businesses engaged in construction of all-terrain vehicle and snowmobile trails would benefit from the rule. The department conducted an economic impact analysis in consultation with businesses, business associations, local governmental units, and individuals. The department has determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state.
Small business and regulatory flexibility analysis
Proposed revisions to Ch.
NR 64 contain no requirements for small business and so there is no direct impact to small business. There are no small business requirements for reporting, bookkeeping, or other procedures or a certain type of professional skill for compliance for the rule.
As is the case at present in Ch.
NR 64, records must be kept by the ATV clubs that perform trail maintenance and then seek reimbursement for those costs from the county. The only changes for counties or clubs regarding reporting, bookkeeping, or other procedures comes from the need to keep similar records and follow the same procedures for the new hybrid trail project category as are already in place for all other current routes and trails. The proposed rule would not require skills any different than those required by the current Ch.
NR 64.
Environmental Impact
The department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under Ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the department's consideration of the impacts of the proposal and reasonable alternatives.
Agency Contact Person
Diane Conklin, Grant Manager
All-Terrain Vehicle and Snowmobile Grant Programs
Phone: (715) 822-8583
