Rule-Making Notices (Hearing Notices)

(DNR # CF-16-11)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 23.09 (26), 23.33 (8) (a), 23.33 (9) (b) 3. to 5., 350.12 (4) (b), 350.12 (4) (bm) 2., and 227.11, Wis. Stats., interpreting ss. 23.33 (8) (a), 23.33 (9) (b) 3. to 5., 350.12 (4) (b), and 227.11, Wis. Stats., the Department of Natural Resources will hold a public hearing on revisions in permanent Rule Order CF-16-11, Chapter NR 50, relating to Administration of Outdoor Recreation Program Grants and State Aids (County Snowmobile Aids), and Chapter NR 64, relating to All-Terrain Vehicles, Wis. Adm. Code.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held concurrently at the following locations on:

Date:   Wednesday, January 11, 2012

Time:   6:00 P.M. (in all locations)

Location:   Wisconsin Indianhead Technical College       (WITC)
  Conference Center Room 247-249
  1900 College Drive
  Rice Lake, WI 54868

Location:   Nicolet College
  Northwoods Center, Room 111
  5364 College Drive
  Rhinelander, WI 54501

Location:   UW Madison
  Pyle Center, Room 327
  702 Langdon Street.
  Madison, WI 53706

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Diane Conklin at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Availability of Rules

The proposed rule and supporting documents may be reviewed and comments electronically submitted at the following internet site: http://adminrules.wisconsin.gov. A copy of the proposed rules and supporting documents may also be obtained from Diane Conklin, DNR ATV and Snowmobile Grant Manager, P.O. Box 397, Cumberland, WI 54829 or [e-mail].

Submitting Comments

Written comments on the proposed rule may be submitted via U.S. mail or by e-mail to Diane Conklin at the addresses noted above. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. Comments may be submitted until 7:30 p.m. on Wednesday, January 11, 2012.

Analysis Prepared by the Department of Natural Resources

The proposed permanent rule will:

A. Revise Ch. NR 50, Administration of Outdoor Recreation Program Grants and State Aids (County Snowmobile Aids), Wis. Adm. Code, as follows:

•   Increase bridge design load requirements from 12,000 pounds to 14,000 pounds to better accommodate the weight of modern trail grooming equipment. This change was recommended by the Governor's Snowmobile Trail Council and the Department's Chief Engineer.

•   Clarify minimum duration for easements or lease agreements between the grant recipient and owners of private land on which a bridge will be located if up to $50,000 of snowmobile trail aids funds are used for either bridge construction or rehabilitation. This change recognizes that higher-cost structures need to be maintained where placed in order for the greatest benefit to be realized for the funds awarded. This change was recommended by the Governor's Snowmobile Trail Council.

•   Identify a process by which the Governor's Snowmobile Trail Council can establish higher minimum year length for easements or lease agreements if the cost of a bridge receiving grant funding is more than $50,000. This change was recommended by the Governor's Snowmobile Trail Council.

•   Increase from $130 per mile to $150 per mile the minimum expenditure needed before a county is eligible to apply for a supplemental snowmobile trail maintenance grant. Making this change will make ch. NR 50 consistent with s. 350.12 (4) (bm) 2., Wis. Stats.

B. Revise Ch. NR 64, All-Terrain Vehicles, Wis. Adm. Code, as follows:

•   Include first-ever guidelines for bridge design load requirements and modify method for calculating load conditions. This change would make all-terrain vehicle (ATV) grant provisions identical to snowmobile grant conditions in this regard and would better accommodate the weight of modern trail grooming equipment as some ATV trails are used by snowmobiles during the winter.

•   Include a minimum three-year length for easements or lease agreements between the grant recipient and owners of land on which bridge construction or rehabilitation is funded with ATV trail aids funds.

•   Increase per-mile ATV trail summer maintenance reimbursement rates from $450 per mile to $600 per mile. Existing per-mile reimbursement rate for local governments for summer ATV trail maintenance is not compatible with current costs and county funds are used to fill the funding gap. This change was recommended by the Off Road Vehicle Advisory Council.

•   Identify changes for seasonal signage to make trails safer.

•   Create a new trail + route (referred to as a “troute") category that is eligible for ATV grant funding. These hybrid trails have been in use in WI for several years.

Economic Impact

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. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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

ATV and Snowmobile Grant Manager

WI Department of Natural Resources

P.O. Box 397

Cumberland, WI 54829

Telephone: [phone]

E-mail: [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Chs. NR 50, County Snowmobile Aids, and NR 64, All-Terrain Vehicles (ATVs)
Subject
Revise bridge design, signage requirements, and trail maintenance reimbursement rates; define trail/route combinations.
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
GPR FED PRO PRS X SEG SEG-S			ss. 20.370 (5) (cr), (cs), (ct), (cu), Wis. Stats.
Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs X Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy X Local Government Units		X Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs be Greater than $20 million? Yes X No
Policy Problem Addressed by the Rule
•   Standards for existing trail structures (e.g., bridges) do not accommodate the width and weight of modern grooming equipment. •   Existing easement terms for land under trail structures are not consistent with the cost of present-day structures. •   Inconsistency between the snowmobile and ATV vehicle grant programs for bridge specifications. •   Existing per-mile reimbursement rate for local governments for summer ATV trail maintenance is not compatible with current costs. •   Trail signage is not season-specific. •   Existing rules have no definition for trail/route combination; these hybrids (called “troutes") have been in use in WI for several years.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
•   No economic or fiscal impact is anticipated for public utility rate payers or the State's economy as a whole. Funding for both grant programs comes from Segregated accounts and not from General Purpose Revenue. No tax increase will be needed to implement the proposed rule revisions. •   The majority of businesses possibly impacted by this rule are those that manufacture structures to be used on trails. In particular, a group of Wisconsin small businesses have adapted their products to be used specifically in off-road conditions. Bridges constructed to higher standards may cost more to build; we expect that any increased costs will be rolled into the sales price. Grant funds will continue to be awarded to successful applicants to cover a percentage of total project costs, even if those costs are higher due to the improved standards. •   It is more likely that some local governmental units may be impacted by the proposed rule revisions. As a result, comments about possible economic and fiscal impacts of the proposed rule revisions were specifically solicited directly from 80 individuals, 48 of whom represented Wisconsin counties that contain active snowmobile and/or ATV trails. The remaining represent the following organizations: ○   Governor's Snowmobile Advisory Council ○   Off Road Vehicle Advisory Council ○   Wisconsin All-Terrain Vehicle Association ○   Wisconsin County Foresters Association A total of seven comments were received and are summarized as follows: ○   Comments ranged from “no negative effect on economic competitiveness, productivity, or jobs" to “minimal adverse effects". (See Attachment 1 for list of all comments received.) ○   One commenter felt that increasing the minimum easement term on private lands when grant funding is provided for a bridge would be a negative impact because extra work would be required of county staff to secure longer-term easements from private landowners. However, that same commenter also indicated that the extra time spent securing the longer-term easement would be time well invested as it would provide for more permanence to the locations of trails. •   In addition to direct requests for comments, other interested parties were invited via the ATV and snowmobile web pages to provide economic and fiscal estimate comments about the proposed rule revisions. No comments were received from “other" parties. •   The department provided written clarification to one commenter regarding the difference between the department's permanent rule revision efforts and a parallel, ongoing emergency rule just about “troutes".
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
I. Benefits include: •   Sustainability of rider safety on existing snowmobile and ATV trails. •   Encouragement of tourism in local communities; support of local economies; increased snowmobile and ATV equipment sales. •   Satisfaction of Governor's Snowmobile Advisory Council, Off Road Vehicle Advisory Council, Wisconsin All-Terrain Vehicle Association, Wisconsin County Foresters Association, and various Wisconsin counties where active snowmobile and/or ATV trails are located. •   Potential for expansion of the WI trail system. II. Alternatives to the proposed revisions to Chs. NR 50 and NR 64 are as follows: A. Maintain the Status Quo This alternative means no increase in bridge construction requirements, no signage improvements, and no per-mile increase in trail maintenance reimbursements. This alternative is rejected because the Snowmobile Recreation Council, Off-road Vehicle Advisory Council, and WI ATV Association have requested all the proposed changes for the last five years. DNR staff vacancies and workload kept these changes from being made before now. In addition, refusal to increase reimbursement rates to keep up with actual costs is causing counties to have to pay the difference. County budgets are stretched to the point where some trail maintenance may have to be delayed. Refusing to increase reimbursement rates may result in improperly maintained trails, possible trail safety issues, a diminished recreational experience as a result, decreased visitor traffic, and decreased visitor revenues for local economies. B. Pursue some but not all of the proposed rule revisions This alternative would require us to eliminate some proposals. All proposals involve public safety in some way and are a “package". This alternative is rejected because the Snowmobile Recreation Council, Off-road Vehicle Advisory Council, and WI ATV Association have requested all the proposed changes for the last five years. DNR staff vacancies and workload kept these changes from being made before now. In particular, refusing to increase reimbursement rates mean that stretched county budgets might result in trail maintenance delays. Refusal to increase reimbursement rates may result in improperly maintained trails, increased safety risks, a diminished recreational experience as a result, decreased visitors traffic, and decreased visitor revenues for local economies. C. Pursue additional rule revisions This alternative is rejected because it is beyond the scope requested by the Snowmobile Recreation Council, Off-road Vehicle Advisory Council, and WI ATV Association. Higher bridge standards would require additional research. Increasing the per-mile reimbursement rate beyond that requested in light of limited fee revenues would mean fewer maintenance miles statewide and might be harmful to the overall trail system. Increase snowmobile or ATV license fees to make up revenue shortfalls due to increased per-mile reimbursement rates would be contrary to legislative directives and would be a penalty to snowmobile and ATV riders.
Long Range Implications of Implementing the Rule
•   Snowmobile Recreation Council, Off-road Vehicle Advisory Council, and WI ATV Association receive the satisfaction they have been seeking. •   By increasing the state per-mile reimbursement rate for maintenance of summer ATV trails, counties can be reimbursed closer to 100% of their actual trail maintenance costs. Improving the state reimbursement rate ensures that trails will be maintained. Poorly maintained trails result in safety concerns. Economic opportunities are lost when poorly maintained trails are closed due to safety concerns. Increasing the per-mile reimbursement rate will mean fewer poorly maintained trails, fewer trail closures, and greater snowmobile and ATV rider safety. •   Bridge designs would be safer. •   Easement terms would be longer in keeping with the cost of more expensive bridges. •   Trail signage would be improved, increasing rider safety. •   Trail+route combinations (called “troutes") would be legally defined; troutes would be eligible for trail maintenance reimbursement.
Compare With Approaches Being Used by Federal Government
None are known.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Bridge Design Load requirements: No bridge design load limits were found in adjacent states. Length of Easements or Lease Agreements: Michigan requires an easement of not less than five years for bridge projects or any improvements located on private land costing more than $10,000. Minnesota has a 3-month minimum easement length for all off-road vehicle grant programs. No other adjacent states require minimum easement terms. Expenditure Threshold Before Counties are Eligible for Supplemental Snowmobile Grants: No per-mile maintenance expenditure threshold could be found in adjacent states. Combination Trail and Route trails (also called “troutes"): Only Michigan allows ATVs on both trails and routes. Higher per-mile Rates for Summer Trail Maintenance: Only Michigan allows for higher spring and summer maintenance reimbursement rates for trails. ATV Trail Seasonal Signage: Only Illinois has seasonal signage requirements for their Off Highway Vehicle Program. In Illinois, grantees are responsible for posting appropriate signage.
Name and Phone Number of Contact Person
Diane Conklin, DNR ATV and Snowmobile Grant Manager, 715-822-8583