NR 51.72(4)
(4) “State trail system" means the recreational trails designated by the legislature or the department pursuant to
s. NR 51.73.
NR 51.72 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; emerg. r. (2), renum. (3) to (5) to be (2) to (4), eff. 9-1-00;
CR 00-135: r. (2), renum. (3) to (5) to be (2) to (4),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (2), cr. (2m)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.73(1)
(1) The 400, Ahnapee, Badger, Bearskin, Buffalo River, Capital City, Cattail, Chippewa River, Devil's River, Eisenbahn, Elroy-Sparta, Fox River, Friendship, Gandy Dancer, Glacial Drumlin, Great River, Green Circle, Hank Aaron, Hillsboro, Ice Age Trail, La Crosse River, Mascoutin Valley, Military Ridge, Mountain-Bay, Newton Blackmour, Nicolet, North Country, Oconto River, Old Abe, Pecatonica, Red Cedar, Saunders, Stower Seven Lakes, Sugar River, Tomorrow River, Tuscobia, White River, Wild Goose, Wild Rivers, Wiouwash, and Wolf River, trails are designated as state trails, and others as designated by the department.
NR 51.73(2)
(2) The Lake Michigan State Water Trail is a designated state trail.
NR 51.73(3)
(3) Nonprofit conservation organizations and governmental units may nominate, in writing, additional trails for state trail designation. Nominations shall document that nominated trails meet the purposes of this subchapter, and provide recreational opportunities for equestrians, bicyclists, cross country skiers or hikers, and that the trail is:
NR 51.73(3)(b)
(b) Within or in close proximity to areas of significant natural beauty, historical or cultural significance, state or national parks, forests or recreational areas, or provides connections to existing state trails, and
NR 51.73(3)(c)
(c) Of a width sufficient to provide the purposes for which acquired, generally not less than 33 feet wide in rural areas and not less than 10 feet wide in urban areas, nor have more than 25 acres per mile averaged over a 5 mile distance.
NR 51.73(3)(d)
(d) Likely to receive significant use as determined by the state comprehensive outdoor recreation plan, or similar study, and
NR 51.73(3)(e)
(e) There is a reasonable expectation of completing the necessary land acquisition and development, and of successful management and operation.
NR 51.73(4)
(4) Upon finding that the conditions in
sub. (3) are met, the department may designate the trail as a state trail.
NR 51.73(5)
(5) The department may designate state trails on its own properties if they meet the criteria in
sub. (3).
NR 51.73(6)
(6) The department may remove a state trail, except the Ice Age Trail, from state trail designation upon finding that it is not being reasonably operated and maintained by the owner or operator, or is not reasonably likely to meet the purpose of the state trail system.
NR 51.73 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (1),
Register, June, 1994, No. 462, eff. 7-1-94; am. (1),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) and (3) (intro.), eff. 9-1-00;
CR 00-135: am. (1) and (3) (intro.),
Register July 2001, No. 547 eff. 8-1-01;
CR 04-092: am. (1) and (2)
Register April 2005 No. 592, eff. 5-1-05;
CR 07-026: am. (1)
Register December 2007 No. 624, eff. 1-1-08;
CR 10-127: am. (1)
Register February 2012 No. 674, eff. 3-1-12;
CR 16-007: am. (1), r. and recr. (2) Register July 2017 No. 739, eff. 8-1-17. NR 51.74
NR 51.74 Grants for state trails. NR 51.74(1)(a)(a) The department may make grants to nonprofit conservation organizations to acquire lands for a state trail if the proposed state trail is first designated by the legislature or the department under
s. NR 51.73.
NR 51.74(1)(b)
(b) If all conditions of
s. NR 51.73 are met, the department shall give higher priority to projects for those trails that meet the following:
NR 51.74(1)(b)2.
2. Are of a length sufficient to provide at least one day's recreational experience.
NR 51.74(1)(b)3.
3. Provide connections to resource areas of statewide significance or areas of outstanding natural scenery.
NR 51.74(1)(c)
(c) The department may grant funds under s.
23.175, Stats., to nonprofit conservation organizations for the acquisition of scenic easements on lands that provide exceptional scenic value adjacent to or in the vicinity of state trails.
NR 51.74(1)(d)
(d) In addition to the provisions in
sub. (1), the department may acquire lands for the Ice Age Trail from monies appropriated under s.
20.866 (2), Stats., and dedicate them under the provisions of s.
23.293, Stats. The department may acquire lands for the Ice Age Trail as provided for in s.
23.293, Stats., only in project areas approved by the natural resources board.
NR 51.74(2)
(2) Purchase of equipment and maintenance of the Ice Age Trail. NR 51.74(2)(a)(a) The department may expend funds received under s.
20.370 (7) (fa), Stats., for the purchase of equipment and materials for the maintenance of the Ice Age Trail. Purchase may include leasing under the provisions of s.
16.754 (1) (d), Stats.
NR 51.74(2)(b)
(b) Portions of the Ice Age Trail eligible for funding under this subsection are those under the ownership and management of the department, or those dedicated to the department under the provisions of s.
23.293, Stats., and managed by another party under the provisions of a management contract with the department, or recognized by the department, or certified by the U.S. national park service. Portions eligible for funding shall also meet the standards of the Ice Age national scenic trail. Sections where the trail overlaps developed, multi-use trails are not eligible for funding.
NR 51.74 Note
Note: Standards for the Ice age national scenic trail may be obtained from the DNR, Bureau of Parks and Recreation, Box 7921, Madison, WI 53707.
NR 51.74(2)(c)
(c) The department may expend the funds as grants. Nonprofit conservation organizations or governmental units managing portions of the Ice Age Trail under the provisions of
par. (b) may nominate maintenance projects on the appropriate department form, and include a cost estimate supported by at least 2 quotes for items above $500.00. The grant amount shall be 50 percent of eligible project costs. Eligible project costs are defined in
s. NR 51.09.
NR 51.74 Note
Note: The appropriate department form may be obtained from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 51.74(2)(d)
(d) The department shall give priority to those portions of the Ice Age Trail providing significant public use, or where the maintenance expenditure will protect the resource or public safety or comfort, or those portions under the ownership of a governmental unit or a nonprofit conservation organization and managed by a governmental unit or a nonprofit conservation organization and where the nonprofit conservation organization has a recorded interest in the land.
NR 51.74(2)(e)
(e) Sponsors shall apply for federal and state permits, approvals, licenses and waivers necessary to implement the project. If a project is on land not owned by the sponsor, the landowner shall be a party to any permit application. Work on the project may not begin until all applicable permits have been obtained.
NR 51.74(2)(f)
(f) Upon signing the grant agreement, the sponsor may request up to 50 percent of the grant amount. The department may require proof that the sponsor has the remaining funds needed for the project.
NR 51.74 Note
Note: Other conditions for grant payments are contained in s. NR 51.09. NR 51.74(2)(g)
(g) If the sponsor fails to fulfill any terms of the grant agreement, the department may seek reimbursement of all or a portion of the state's share.
NR 51.74 Note
Note: The appropriate department form may be obtained from the Bureau of Parks and Recreation, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 51.74 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (6) (d),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (2) (intro.) to (d), (4) and (6) (b), cr. (2) (f) and (6) (e) to (g), r. (3) and (6) (c), renum. (6) (d) and (e) to be (6) (c) and (d) and am., eff. 9-1-00;
CR 00-135: am. (2) (intro.) to (d), (4) and (6) (b), cr. (2) (f) and (6) (e) to (g), r. (3) and (6) (c), renum. (6) (d) and (e) to be (6) (c) and (d) and am.,
Register July 2001, No. 547 eff. 8-1-01; correction in (6) (a) was made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2001, No. 547;
CR 10-127: cr. (1) (title), (2) (title), renum. (5), (6) (a) to (c), (f) to be (1), (2) (a) to (c), (f) and am., renum (1), (2) (intro.), (a) to (f), (6) (d), (e), (g) to be (1) (a), (b) (intro.), 1. to 6., (c), (2) (d), (e), (g)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.75
NR 51.75 Grant contracts or grant agreements. Grant contracts or grant agreements between the department and sponsors for state trail acquisition and management shall, in addition to the requirements in subch.
II, require the sponsor to:
NR 51.75(1)
(1) Acquire the lands for a trail, where applicable.
NR 51.75(3)
(3) Construct, maintain, operate and repair as necessary a recreational trail for the purpose of horseback riding, bicycling, cross-country skiing, hiking or other compatible uses as authorized by the department.
NR 51.75(4)
(4) Prohibit hunting on the state trail unless specifically authorized by the department.
NR 51.75(5)
(5) Keep the state trail open for public use after completion of the land acquisition and development. If the state trail ever ceases to be used for state trail purposes, then all rights shall revert to the department without necessity of reentry or legal judgment. The department has no obligation to develop and operate the trail and all permanent improvements made to the trail by the sponsor or its agent shall become the property of the department.
NR 51.75(6)
(6) Open the state trail to the general public, subject to reasonable rules and regulations, as the managing cooperator deems necessary for the management and operation of the state trail and as approved in writing by the department.
NR 51.75(7)
(7) Develop the state trail to conform with department state trail standards (department Manual Code 2540.5) or other reasonable standards as approved by the department.
NR 51.75(8)
(8) Assume the responsibility for all fencing, signing and similar activities which are related to the development, maintenance and operation of the state trail.
NR 51.75(9)
(9) Prepare all necessary plans, specifications and environmental reports, including citizen participation, for the state trail, and submit them to the department for written approval prior to the commencement of any development or improvement. Any changes of use or development of the state trail shall be performed in accordance with general plans submitted to and approved by the department.
NR 51.75(10)
(10) Provide the necessary maintenance including but not limited to, grading, landscaping and controlling vegetative growth on the state trail and any parking areas or use areas to keep the property in a good state of useability and sightliness.
NR 51.75(11)
(11) Provide or arrange for the necessary enforcement and security of the state trail to ensure efficient, safe use, and to preserve and protect public health, safety and welfare.
NR 51.75(12)
(12) Provide liability insurance if requested by the department.
NR 51.75(13)
(13) If the trail is also a part of the Ice Age Trail or the North Country Trail and it qualifies for certification as a component of a national scenic trail, the managing cooperator shall, upon completion of the trail development, and where feasible, apply to the U.S. national park service for certification as a component of the Ice Age national scenic trail, or North Country national scenic trail and sign the trail accordingly.
NR 51.75(14)
(14) Permit the department to inspect the trail to ensure compliance with the provisions of the contract.
NR 51.75 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; emerg. am. (intro.), (5) and (13), eff. 9-1-00;
CR 00-135: am. (intro.), (5) and (13),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (title), (intro.), (2), (5), (13)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.80
NR 51.80 Purpose. The purpose of this subchapter is to establish criteria and procedures for awarding stewardship grants to friends groups and nonprofit conservation organizations for development projects under s.
23.098, Stats.
NR 51.80 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.81
NR 51.81 Applicability and definitions. This subchapter is applicable to friends groups as defined in, organized for, and under agreement with the department pursuant to s.
23.098 (1), Stats., and
s. NR 1.71, and nonprofit conservation organizations that apply for grants to undertake development projects on department properties.
NR 51.81 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.82
NR 51.82 Allocation of funds. The department may allocate up to $250,000 each year under the grant program for property development and local assistance, under s.
23.0917 (4), Stats., for grants to friends groups and nonprofit conservation organizations. The department may not obligate or encumber more than $20,000 in each fiscal year for any one department property.
NR 51.82 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.83
NR 51.83 Eligible projects. The department may award a grant for a project that meets all of the following requirements:
NR 51.83(2)
(2) The project addresses unmet needs consistent with department approved plans for the property, unless the project is for a state trail managed and maintained by a governmental unit or other cooperator with a memorandum of agreement with the department;
NR 51.83(3)
(3) The project is identified in a property's 6 year facilities
plan, unless the project is described in
s. NR 51.84 (2) (e) or the project is for a state trail managed and maintained by a governmental unit or other cooperator with a memorandum of agreement with the department; and
NR 51.83(4)
(4) The project makes long-term capital improvements or installs durable equipment with an expected useful life of 20 years or more, unless it is described in
s. NR 51.84 (2) (e).
NR 51.83 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.84(1)
(1) Projects submitted by friends groups shall receive priority over projects submitted by nonprofit conservation organizations.
NR 51.84(2)
(2) Priority shall be given to the following projects, not listed in order of priority:
NR 51.84(2)(a)
(a) Projects where the stewardship grant leverages other funding in addition to the 50 percent sponsor match.
NR 51.84(2)(c)
(c) Projects that address public health, environmental, safety or security problems.
NR 51.84(2)(d)
(d) Capital improvement projects that expand or improve environmental education, interpretation programs, or outdoor skills development.
NR 51.84(2)(e)
(e) Habitat restoration projects that are consistent with approved plans governing the management of the property.
NR 51.84(3)
(3) The department may consider the following additional factors when awarding grants for projects on property owned and managed by the department:
NR 51.84(3)(a)
(a) Whether the project enhances or is cooperative with a department capital improvement.
NR 51.84(3)(b)
(b) Whether the capital improvement or durable equipment project supports volunteer-based user services.
NR 51.84 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (3) (intro.)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.85
NR 51.85 Application and grant award procedures. NR 51.85(1)(1) Applications for stewardship grants under this subchapter shall be submitted to the department property manager on forms provided by the department. Applications shall include a detailed description of the proposed project, a cost estimate, timetable and other information required by the department.
NR 51.85 Note
Note: A copy of the application form may be obtained from the DNR, Bureau of Parks and Recreation, Box 7921, Madison 53707.
NR 51.85(2)
(2) The department shall establish one or two application deadlines each year and shall evaluate and prioritize applications received by those deadlines according to the priorities in this subchapter. The department shall allocate funds to projects based upon their priority until all funding is exhausted. Sponsors whose projects are not funded will receive an explanation of eligibility or priority ranking results. Sponsors may request that their projects be reconsidered in another fiscal year if the project is eligible for funding. Resubmissions will be judged without prejudice or preferential priority.
NR 51.85(3)
(3) Sponsors shall develop grant applications cooperatively with the department property manager.
NR 51.85(4)
(4) The department is responsible for any environmental analyses, historical or cultural assessments, permits, and miscellaneous approvals required to implement the project. Friends groups may not begin work until all applicable permits have been obtained.
NR 51.85(5)
(5) The department may award grants for up to 50 percent of project costs. The sponsor shall provide the other 50 percent of project costs. Up to 50 percent of the sponsor's share of project costs may be donated materials, equipment, services and labor, according to the provisions in
s. NR 51.09 (1) (c).
NR 51.85(6)
(6) The department may advance up to 100 percent of the grant award to the sponsor once the sponsor has signed the grant agreement and returned it to the department. The department shall only provide one advance to a sponsor for each grant awarded under this subchapter. If the department does not provide an advance totaling 100 percent of the grant award,
a sponsor may request partial reimbursement from the department of the grant award balance only after that sponsor has submitted to the department all documentation to justify costs associated with the expenditure of the entire advance. Sponsors requesting partial reimbursement shall do so in increments of not less than ten percent of the total grant award. Sponsors shall provide adequate documentation in support of their partial
reimbursement request before the department considers the request. Sponsors may submit partial reimbursement requests to the department at any time after an advance is issued and before submitting a final report for the project.
