Ch. NR 45 Note
Note: Chapter NR 45 as it existed on December 31, 1983, was repealed and a new chapter NR 45 was created effective January 1, 1984.
NR 45.01
NR 45.01
Purpose. The purpose of this chapter is to govern the conduct of visitors to state lands and to provide for the protection of the natural resources.
NR 45.01 History
History: Cr.
Register, December, 1983, No. 336, eff. 1-1-84.
NR 45.02(1)(1)
Except when the context provides otherwise, this chapter applies to any of the following:
NR 45.02(1)(a)
(a) All lands, structures and property owned by the department.
NR 45.02(1)(b)
(b) Lands owned by the state of Wisconsin which are under the management, supervision and control of the department.
NR 45.02(1)(c)
(c) Lands under easement to or lease by the state of Wisconsin which are under the management, supervision and control of the department.
NR 45.02(2)
(2) On lands the department owns but are under the supervision, management and control of another entity pursuant to lease or easement, the department may, as part of the lease or easement, waive its jurisdiction in whole or in part under this chapter.
NR 45.02 History
History: Cr.
Register, December, 1983, No. 336, eff. 1-1-84; r. and recr.
Register, December, 1999, No. 528, eff. 1-1-00.
NR 45.03
NR 45.03
Definitions. In this chapter, the following definitions apply:
NR 45.03(1)
(1) “Ad
ult group" means a group made up of persons who are 18 years of age and older.
NR 45.03(1m)
(1m) “
Air boat" means a motorboat that is powered, wholly or in part, by a propeller projecting above the hull of the motorboat.
NR 45.03(2m)
(2m) “Backpack campsite” means an area designated for camping that has no modern facilities, such as showers or flush toilets located nearby, nor public motor vehicle access to or near the area, and to which all over-night supplies are carried or transported to the site by means other than a motorized vehicle, often in a backpack.
NR 45.03 Note
Note: Under s.
340.01 (5), Stats., bicycle means every vehicle propelled by feet or hands acting upon pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter.
NR 45.03(3g)
(3g) “
Boat-in campsite” means a campsite along a waterway for use by persons traveling by watercraft.
NR 45.03(4)
(4) “Camp" or “camping" means the use of a shelter such as a tent, trailer, motor vehicle, tarpaulin, hammock, bedroll, or sleeping bag for temporary residence or sleeping purposes.
NR 45.03(6)
(6) “Camping party" means any individual, family or non-family group occupying a campsite.
NR 45.03(6m)
(6m) “Camping permit" means any department-issued permit for camping overnight.
NR 45.03(7)
(7) “Camping unit" means any single structure, shelter, or similar device used by a camping party for camping, and includes a tent, camping trailer, or recreational vehicle (RV).
NR 45.03(8)
(8) “Campsite" means a segment of a campground which is designated for camping use by a camping unit or camping party.
NR 45.03(8f)
(8f) “Climbing activity" includes any of the following:
NR 45.03(8f)(a)
(a) Ascending or descending steep rock walls, ice walls or artificial structures, usually with the assistance of specialized rock climbing equipment including ropes, webbing and carabiners.
NR 45.03(8f)(b)
(b) Practicing the use of specialized rock climbing equipment near the ground.
NR 45.03(8j)
(8j)
“
Commercial use” means
providing services to visitors of department lands, providing services on department lands, using department lands or facilities to provide services, or engaging in activities intended to sell or promote a product, service or activity, or support a business or organization for economic gain. “Commercial use” does not include services provided by the department or other government services.
NR 45.03(8m)
(8m) “Crops" means any vegetation planted as an agricultural commodity or for other use as part of a farming operation, or vegetation planted for personal consumption or aesthetics, such as a vegetable or flower garden.
NR 45.03(9)
(9) “Department" means the state of Wisconsin department of natural resources.
NR 45.03(9b)
(9b) “
Designated use area” means any area, facility, or feature that meets the requirements of s.
23.115, Stats.
NR 45.03(9c)
(9c) “Dispersed camping area" means an area where camping is authorized but there are no designated campsites.
NR 45.03(9f)
(9f) “Dog sled" means any vehicle that glides on runners or wheels and is designed or used for conveying cargo or people and to be pulled by dogs.
NR 45.03(9g)
(9g) “Dual-sport motorcycle" means a street-legal motorcycle that meets the definition of a Type 1 motorcycle in s.
340.01 (32), Stats., and can be ridden to varying degrees off-road, and is designed by the manufacturer for both on and off-road use.
NR 45.03(9i)
(9i) “Edible fruits" means fleshy fruits from plants including apples, plums, pears, blueberries, raspberries, blackberries, juneberries, and strawberries that are harvested for human consumption. It does not include the seeds, roots or other parts of herbaceous plants such as wildflowers or grasses.
NR 45.03(9k)
(9k) “Edible nuts" means walnuts, hickory nuts, acorns and other similar nuts from trees and shrubs.
NR 45.03(9m)
(9m) “Equine” means any horse, pony, donkey, burro, mule, and hinny.
NR 45.03(10)
(10) “Family" means a parent or parents or guardian or guardians with their unemancipated children and not more than 2 guests.
NR 45.03(12)
(12) “Group campground" means a campground designated for use by juvenile or adult groups.
NR 45.03(13)
(13) “Juvenile group" means a group made up of juvenile members of an established organization and under the leadership of at least one competent, mature adult for each 10 juveniles in the group and using any number of camping units or occupying a group campground.
NR 45.03(13m)
(13m) “
Kohler-Andrae state park” means Terry Andrae state park and John Michael Kohler state park, collectively.
NR 45.03(14)
(14) “Non-family group" means any 6 or less individuals who do not meet the definition of family.
NR 45.03(14m)
(14m) “Northern flowage properties" means the Turtle-Flambeau and Willow Flowage scenic waters areas, and the Chippewa flowage.
NR 45.03(15)
(15) “Northern state forests" means the Black River, Brule River, Coulee Experimental, Flambeau River, Governor Knowles, Northern Highland, American Legion and Governor Earl Peshtigo River state forests.
NR 45.03(15m)
(15m) “Occupy," “occupied," or “occupying" means the camping unit, such as a tent, trailer or RV, is set up in a useable condition.
NR 45.03(16m)
(16m) “Organized climbing group" means a group engaged in rock climbing activities that is organized, sponsored, transported or supervised by a school, university, youth group, club, social organization, church, business, guide service or similar organization.
NR 45.03(16r)(a)
(a) Any person afoot without the use of skis, skates or other similar devices.
NR 45.03(16r)(b)
(b) Any physically disabled person in a wheelchair, either manually or mechanically propelled, or other low-powered mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric personal assistive mobility device.
NR 45.03(16v)
(16v) “Physically
disabled person” means a person who by reason of a physical impairment is a “qualified individual with a disability” as defined in 28 C.F.R. 35.104. NR 45.03 Note
Note: The procedures for DOT special identification cards are found in s.
343.51, Stats., and ch.
Trans 130.
NR 45.03 Note
Note: The Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327,
42 U.S.C. 12101-12213 and
47 U.S.C. 225 and
611) is interpreted by
28 C.F.R. 35.104. Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
NR 45.03(17)
(17) “Picnic area" means any tract of land developed and maintained for picnicking and containing not less than 5 picnic tables. Included in the definition of picnic area are adjacent playground and play field areas.
NR 45.03(18)
(18) “Private schools" means institutions meeting the criteria of s.
118.165, Stats.
NR 45.03(18f)
(18f) “Proper self-registration" means depositing a completed envelope with accurate information and containing, at a minimum, the appropriate fees into a self-registration box upon entering a state park, trail, recreation area or forest.
NR 45.03(18k)
(18k) “Range officer" means any department employee or person designated by the department to monitor activities on the shooting range.
NR 45.03(18m)
(18m) “Registered camper" means a person camping on a campsite whose name is included on the camping permit for that campsite.
NR 45.03(18u)
(18u) Except in s.
NR 45.045 (2) (c) 4., “reservation” means a request for use of a reservable department facility such as a campsite or shelter that has been granted by the department or its agents.
NR 45.03(18x)
(18x) “Shooting range” means a facility designated by the department that has target shooting with firearms, bows, or crossbows as its major purpose
.
NR 45.03(19)
(19) “Shoreline zones" means that area of sand or gravel beach from the water's edge to the first dune or to the tree line or other terrestrial vegetation, whichever is closest to the water's edge.
NR 45.03(20)
(20) “Snowmobile" has the meaning specified in s.
340.01 (58a), Stats., and is considered to be a vehicle for the purposes of this chapter.
NR 45.03(21)
(21) “Southern state forests" means Havenwoods state forest preserve, Point Beach state forest and all units of the Kettle Moraine state forests.
NR 45.03(21d)
(21d) “Special event” means a temporary use of department property which permits an activity that is otherwise not specifically allowed under this chapter or which involves one or more of the following circumstances:
NR 45.03(21d)(a)
(a) Requires exclusive use or closure of all or part of public facilities or areas within a property or effectively restricts or limits use of a property by non-participants.
NR 45.03(21d)(e)
(e) Will take place during hours beyond normal property open hours.
NR 45.03(21d)(f)
(f) Requires use of equipment or facilities not otherwise authorized for the proposed public use.
NR 45.03(21e)
(21e) “
Special property use” means engaging in an activity on or using state land or facilities that may be otherwise prohibited but authorized by permit and which is of benefit to the department, its visitors, private individuals or private or public organizations, or other state, county, municipal, or tribal organizations. Special events and commercial use are types of special property use.
NR 45.03(21f)
(21f) “
Standard boat-in campsite” means a campsite that is primarily accessed by watercraft.
NR 45.03(21fm)
(21fm) “Standard campground” means any tract of land designated for camping by a family group or a non-family group of 6 persons or less and that is accessible by a public road and meets the criteria under s. 340.01 (22), Stats. NR 45.03 Note
Note: Section
23.27 (1) (h) states “state natural area", unless otherwise limited, means any designated state natural area or dedicated state natural area.
NR 45.03(21m)
(21m) “State park" or “state forest" means the area within the project boundary approved for the state park or state forest by the natural resources board.
NR 45.03(21r)
(21r) “
State park system” includes state parks under s. 27.01, Stats., state recreation areas under s. 23.091, Stats., and southern forests under s. 27.016 (1) (c), Stats. River and resource areas including the Lower Wisconsin State Riverway under subch. IV of ch. 30, Stats., lands associated with wild rivers under s. 30.26, Stats., and other properties managed with the state park system may be considered part of the state park system. Northern forests, for purposes of recreation management, may also be considered park of the state park system. State trails are a type of state park, in accordance with s. NR 1.30 (1) (e). The state park system includes both properties with fee areas under s. NR 45.12 (1) and properties without fees.
NR 45.03(22)
(22) “State trail" means a recreational trail designated by the department under s.
NR 51.73.
NR 45.03(22r)
(22r)
“Stopover boat-in campsite” means a campsite that is primarily accessed by watercraft and whose primary purpose the department has identified as a pass-through site for paddlers utilizing a water trail.
NR 45.03(23)
(23) “Swimming beach" means any water area or adjacent land area designated as a swim area by standard regulatory markers or posted notice.
NR 45.03(24)
(24) “Vehicle" means any motor vehicle, trailer, semitrailer, or mobile home and is further defined in s.
340.01 (74), Stats. For purposes of this chapter, a snowmobile is considered to be a vehicle.
NR 45.03(25m)
(25m) “Water trail” means a recreational route on a waterway that has a network of public access points.
NR 45.03(26)
(26) “Water view campsite" means a campsite bordering on a body of water or with a scenic view of a body of water.
NR 45.03(27)
(27) “Yurt" means a circular, tent-like structure supported on a lattice framework with a window or windows and a hinged door and is used for overnight camping by a family or non-family group.
NR 45.03 History
History: Cr.
Register, December, 1983, No. 336, eff. 1-1-84; renum. (2) to (17) to be (3) to (17) and (19) and am. (10) and (16), cr. (2) and (13),
Register, August, 1986, No. 368, eff. 9-1-86; renum. (18) and (19) to be (19) and (21), cr. (18) and (20),
Register, March, 1992, No. 435, eff. 4-1-92; renum. (3) to (18) and (21) to be (3) to (17) and (22) and am. (5), (6) and (21), cr. (18),
Register, December, 1993, No. 456, eff. 1-1-94; am. (6), renum. (9) to (22) to be (25), (9) to (13), (16) to (20) and (22) to (24) and am. (25), am. (11) and cr. (14), (15) and (21),
Register, November, 1995, No. 479, eff. 12-1-95; cr. (8m) and (21m),
Register, December, 1999, No. 528, eff. 1-1-00;
CR 01-011: cr. (8f) and (16m)
Register April 2002 No. 556, eff. 5-1-02;
CR 03-035: cr. (2m), (9f), (9m), (18m) and (26), am. (15)
Register December 2003 No. 576, eff. 1-1-04;
CR 04-092: cr. (6m), (9c), (9i), (9k), (14m), (15m), (16r), (16v), (18f), (18t) and (21g)
Register April 2005 No. 592, eff. 5-1-05;
CR 07-026: cr. (9g), (23m) and (27), am. (16)
Register December 2007 No. 624, eff. 1-1-08;
CR 10-042: cr. (3m) and (18k), am. (9i) and (15)
Register December 2010 No. 660, eff. 1-1-11;
CR 16-001: am. (3), (16v), cr. (18x), (21d), (25m)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-107: r. and recr. (16)
Register July 2020 No. 775, eff. 8-1-20;
CR 23-060: am. (1), cr. (1m), am. (2m), cr. (3g), am. (4), r. (5), am. (6m), (7), cr. (8j), (9b), am. (9m), (10), (11), cr. (13m), am. (15), (15m), cr. (18h), r. (18t), cr. (18u), (21e), (21f), (21r), (22r), r. (23m), cr. (23s), r. (25), am. (26) Register July 2024 No. 823, eff. 8-1-24; (11) correction in (8j), (9b) made under s. 35.17, Stats., and renum. (11) to (21fm) under s. 13.92 (4) (b) 1., Stats., Register July 2024 No. 823.
