Wis. Admin. Code Department of Natural Resources NR 50.09

Current through October 28, 2024

Section NR 50.09 - County snowmobile aids

(1) PURPOSE. The purpose of this section is to establish standards for the implementation of the snowmobile aids program under ss. 23.09 (11) and (26) and 350.12 (4), Stats.

(2) APPLICABILITY. The provisions of this section are applicable to all counties participating in the snowmobile aids program.

(3) DISTRIBUTION OF FUNDS. The distribution of funds according to priority ranked purposes is specified in s. 23.09 (26) (c), Stats. Should funds not be sufficient to satisfy the total request for either maintenance or acquisition, the funds remaining to satisfy that priority ranked purpose shall be distributed on a proportional basis.

(4) GENERAL PROVISIONS.

(a)Planning requirements.

1. Counties not previously participating in the snowmobile aids program and desiring to sponsor public snowmobile trails are required to have a comprehensive snowmobile plan approved by the county board of supervisors and the department.

2. Counties that have previously met the comprehensive snowmobile plan requirement are required to maintain a current trail system map that describes trail locations, trail classifications and existing trail mileage by classification.

(b)Acquisition of snowmobile trail rights-of-way.

1. The value of an easement, lease, permit or other agreement for a period of less than 3 years is an eligible cost of maintenance under s. 350.12 (4) (be), Stats.

2. The value of an easement, lease, permit or other agreement entered into by a project sponsor and the owner of land, including for bridge construction or rehabilitation, is an eligible cost of development under s. 350.12 (4) (bc), Stats. The length of any easement, lease, permit or other agreement for the placement on private land of a bridge that is either constructed or rehabilitated with funds under this chapter shall be for a period of at least 3 years if the total cost of the bridge is more than $3,000, per s. 23.09 (26) (am) (1), Stats.

Note: The Governor's Snowmobile Trail Council will, at one of its duly-noticed meetings, consider public comment, develop criteria for easements, leases, or permits, and recommend these criteria to the department, including minimum year lease requirements beyond the required 3 year lease for bridge projects costing more than $50,000. The Council may meet with the Off Road Vehicle Advisory Council to develop joint recommendations for easement criteria for joint snowmobile and ATV trails to the department. See online materials at http://dnr.wi.gov/Aid/Meetings.html. Click on tab Snowmobile recreation.

3. The value of either a short term or long term easement, lease, permit or other agreement may be based on the rental rate of land. The value may be one percent per month of equalized or assessed valuation. An annual fee of 10 cents per rod may be paid if the assessed valuation procedure is not used.

4. The minimum term of the short or long term easement, lease, permit or other agreement shall be 4 months between December 1 and the following March 31.

5. The width of the snowmobile right-of-way eligible for cost sharing may not exceed one rod in width unless approved by the department.

6. The short or long term easement, lease, permit or other agreement shall contain at a minimum the right to sign, right of limited construction, right to maintain, and the right of use by snowmobiles and snow grooming equipment.

7. The county shall submit a certification that all easements, leases, permits or other agreements secured grant public access and use of the land for snowmobiling. The county shall maintain a current file of all easements, leases, permits or other agreements which shall include the name of the property owner, description of the property, duration and amount paid for the easement, lease, permit or other agreement, date owner was contacted and name of the county or snowmobile club representative who obtained the easement, lease, permit or other agreement.

8. Eligible costs for fee simple acquisition of property under s. 350.12 (4) (bc), Stats., are the fair market value of the property and reasonable costs related to the purchase of the property, but limited to the cost of appraisals, land survey fees, relocation payments, title evidence costs, title insurance costs and recording fees.

(bm) The length of any easement, lease, permit or other agreement for the placement on private land of a bridge that is either constructed or rehabilitated with funds under this chapter shall be for a period of at least 3 years if the total cost of the bridge is $50,000 or less. Any easement, lease, permit or other agreement for the placement of a bridge on private land that is either constructed or rehabilitated shall be in writing. The length of any easement, lease, permit, or other agreement may be a factor in determining the amount of snowmobile trail funds to be awarded for a project.

(c)Development of snowmobile trail.

1. Development shall begin the same year land is acquired.

2. Snowmobile trail design and construction specifications.

a. Minimum graded width for one-way trails is 6 feet and maximum 8 feet.

b. Minimum graded width for 2-way trails is 10 feet and maximum 12 feet.

c. Minimum turning radius is 25 feet.

d. A height of 10 feet above the trail will be cleared.

e. Sustained grades and slopes will be a maximum of 25 percent.

f. Snowmobile trails may not be routed over bodies of water. If stream crossings make bridging necessary, bridging shall be at least 8 feet wide free from obstruction. If the bridge is located on an abandoned railroad grade, the bridge shall be a minimum of 10 feet wide free from obstruction. The department shall determine the need for bridging or if ice crossings may be used.

g. Trails shall be routed away from areas designated in department wilderness policy, game preserves, winter browse areas, experimental stations, nurseries, plantations, residences and other areas of anticipated conflict, particularly areas which may be damaged by trail development or snowmobile use.

3. Snowmobile highway and trail sign specifications.

a. Snowmobile highway signs shall conform with sign reflectorization, colors and legend listed in the Wisconsin manual of traffic control devices.

b. With the exception of snowmobile guide and information signs, signs for use on snowmobile trails to regulate snowmobile traffic or advise the snowmobile user of a specific trail condition shall be totally reflectorized. Guide signs which assist the snowmobile driver to reach a destination shall have the letters and legend reflectorized. Information signs do not need to be reflectorized. Trail signs shall also conform with the following specifications and illustrations:

TRAIL BLAZER

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Purpose: To delineate the trail and to reassure the user that he or she is on the trail

Size: 6 inches by 6 inches

Color: Orange

FIELD STAKING

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Purpose: Acceptable alternative to use of blazers in agricultural areas and other cleared areas.

Size: Minimum of 6 square inches of reflective orange material mounted 4 inches to 6 inches below top of stake. Material is mounted on each side of stake and stakes are installed in pairs. Top 12 inches to 16 inches of stake is painted non-reflective orange.

DIRECTIONAL ARROW

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Purpose: Indicates a change in trail direction.

Minimum Size: 12 inches by 6 inches

Color: Yellow background with black border and legend

Legend: 10 inch black directional arrow.

REGULATORY SIGNS - RIGHT OF WAY STOP SIGN

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Purpose: Halt snowmobile operators at a road crossing, railroad crossing or trail intersection.

Minimum size: 12 inches by 12 inches

Color: Red background and white letters and border.

Legend: 4 inch Upper case letters.

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YIELD SIGN

Purpose: To notify snowmobile operator that the right of way should be given to other vehicles, snowmobiles or other trail users at trail intersections and limited vehicle crossings.

Minimum size: 12 inches by 12 inches by 12 inches

Color: Red background and letters with white border and center.

Legend: 4 inch Upper case letters.

REGULATORY - MOVEMENT

Purpose: To inform snowmobile operator of laws or regulations.

Minimum size: Either 12 inches by 18 inches or 12 inches by 12 inches.

Color: White background and black letters and border. Additional colors such as red or green may be added to reinforce sign message of snowmobile prohibition or permission.

Examples

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ONE WAY 12 inches by 18 inches

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SPEED LIMIT 12 inches by 18 inches

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RESTRICTIVE 12 inches by 12 inches

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DO NOT ENTER 12 inches by 12 inches

CAUTION SIGNS

Purpose: To advise the snowmobile operator to proceed with caution at a reduced speed or to advise of a specific trail condition.

Minimum size: 12 inches by 12 inches

Color: Yellow background and black letters and/or legend.

Examples

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STOP AHEAD 12 inches by 12 inches

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INTERSECTION 12 inches by 12 inches

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CHEVRON 12 inches by 12 inches

HAZARD MARKERS

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Left Right

Purpose: Used in pairs, hazard markers indicate the trail opening through which a snowmobile operator may pass over a bridge or culvert. The stripes of each sign face inward and show the bridge opening. Used singly, a hazard marker indicates a trail obstruction. The stripes of the sign point down toward the path around the obstruction.

Minimum size: 6 inches by 12 inches

Colors: Alternate black and yellow 45 degree diagonal stripes.

BARRIER MARKERS

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Left Right

Purpose: Barrier markers are used in pairs to indicate a barrier or gate that restricts entry to a trail or road for snowmobiling. The stripes of each sign face inward and toward the center of the trail or road.

Minimum size: 6 inches by 12 inches

Color: Alternate red and white 45 degree diagonal stripes.

GUIDE SIGN

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Purpose: Directs snowmobile operator to a destination.

Size: Variable - 2 inch Upper case letters

Colors: Brown background with reflective white letters and legend.

INFORMATION SIGNS

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Purpose: Furnish information about trails or facilities.

Size: Variable - 2 inch Upper case letters.

Color: Brown background with white letters.

SPECIAL SIGN - CORRIDOR MARKER

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Purpose: To indicate that the trail is part of the designated state corridor trail system.

Minimum size: 6 inches by 6 inches

Color: Blue background with reflective white border, shield and letters.

c. Federal forest service sign specifications may be used on federal forest service lands.

(d)Maintenance of snowmobile trail.

1. Counties shall be required to groom and maintain snowmobile trails developed on lands receiving aids for acquisition and/or development.

2. Trails shall be groomed to a minimum width of 4 feet for one-way and 8 feet for 2-way trails. Maximum width for a 2-way trail to be groomed shall be 12 feet unless the amount of snowmobile traffic and safety warrant grooming to a greater width as approved by the department.

3. The costs of performing the activities of snowmobile trail maintenance under s. NR 50.03(19) are eligible for assistance.

(e)Major bridge rehabilitation.

1. For bridge rehabilitation projects that involve total deck replacement, the deck shall be reconstructed to a width of at least 8 feet, free from obstruction.

2. When a bridge rehabilitation project is located on an abandoned railroad grade and involves total deck construction or replacement, the width of the bridge, free from obstruction, shall be at least 10 feet.

3. Bridges or culverts that have been developed or improved through the use of bridge rehabilitation funds are not be eligible for additional rehabilitation funds for a period of 10 years after rehabilitation, except where a natural event or other circumstances beyond the control of the county adversely affect bridge or culvert safety during this period and an affirmative recommendation of the snowmobile recreation council is obtained.

(f)Supplementary snowmobile trail maintenance payments.

1. Counties are eligible for supplementary snowmobile trail maintenance payments under s. 350.12 (4) (bg), Stats., if all of the following conditions are met:

a. The county applies for a supplementary snowmobile trail maintenance payment for the snowmobile trail maintenance expenses of the previous fiscal year by August 1 of the current fiscal year.

b. The reimbursement claim for the previous fiscal year maintenance expenses is submitted to the appropriate department regional office prior to August 1 of the current fiscal year.

c. The county has expended the entire amount specified under s. 350.12 (4) (b)1, Stats., on eligible snowmobile trail maintenance cost items in the previous fiscal year.

d. The county has spent at least $150 per mile for eligible snow grooming expenses during the previous fiscal year.

2. All counties qualifying under subd. 1. shall be subject to a cap of $250 per mile for all eligible non-snow grooming activities listed in s. NR 50.03(19) in the calculation of a supplemental snowmobile trail maintenance payment.

3. All counties qualifying under subd.1. are subject to a cap of 5 times the per mile maximum for maintenance specified under s. 350.12 (4) (b)1, Stats., for all eligible snowmobile maintenance activities in the calculation of a supplemental snowmobile maintenance payment.

4. Counties requesting supplemental snowmobile trail maintenance payments shall submit full financial documentation prescribed by the department to the appropriate department regional office for audit purposes. Counties may request an advance payment of 50 percent of the audited supplemental request prior to August 1 of the current fiscal year.

5. Should the amount of funds approved for supplementary snowmobile trail maintenance payments under s. 350.12 (4) (bg), Stats., not be sufficient to satisfy the total audited requests received under subd. 1., the funds shall be distributed on a proportional basis.

(g)Snowmobile trail rehabilitation.

1. Snowmobile trail segments eligible for rehabilitation assistance shall be a minimum of 3 miles in length and shall have been a part of the funded trail system of the county for a minimum of 10 years from the date of application for trail rehabilitation except where a natural event or other circumstances beyond the control of the county adversely affected trail safety prior to this 10 year period.

2. Snowmobile trail segments that have been improved through the use of rehabilitation funds are not eligible for additional rehabilitation funds for a period of 10 years except where a natural event adversely affects trail safety during this period.

3. A county is not eligible for rehabilitation funds for snowmobile trail segments that total more than 10 percent of the total mileage of the county funded for maintenance.

(5) ALLOWABLE COSTS, BILLING AND AUDITS.

(a) Reimbursement of costs of county acquisition of rights-of-way or fee title may be up to 100 percent of eligible acquisition expenses.

(b)

1. Reimbursement of costs of county development of snowmobile trails shall be up to 100 percent of approved eligible project costs. Counties may request an advance payment of up to 75 percent of the signed contract amount for development.

2. Development work cannot be started or project costs incurred until an agreement has been approved by the department and the sponsor.

(bn)

1. Eligible costs for snowmobile bridge development and rehabilitation projects include the following: construction and replacement of entire structure including approaches and abutments, construction and repair to the superstructure of the bridge, construction and replacement of the entire deck and railings and construction and repair or construction and replacement of protective riprap around abutments or footings.

2. Costs which are not eligible for development and rehabilitation cost sharing are: construction and replacement of bridge railings only, and patching of decking, grading or minor repair to approaches, construction and bridge repairs to bring bridge structure within any existing codes, construction and reinforcement of bridge structures to accommodate weights in excess of 14,000 pounds and deck construction and replacement for the primary purpose of accommodating larger grooming equipment.

3. Cost sharing for the purchase and installation of prefabricated bridges shall be limited to structures with a maximum design load of 14,000 pounds.

4. Cost sharing for the purchase of materials and construction of bridges built on site by either contractors or clubs shall be limited to a maximum design load of 14,000 pounds unless there are circumstances that lead to a capacity greater than 14,000 pounds for no demonstrated increase in cost.

Note: For bridge design, see the bridge guidelines for new and replacement snowmobile and all-terrain bridges at http://dnr.wi.gov/files/PDF/pubs/cf/CF0005.pdf.

5. Reimbursement of costs of bridge rehabilitation projects shall be up to 100 percent of approved eligible project costs. Counties may request an advance payment of up to 75 percent of the signed contract amount for bridge rehabilitation.

(bp)

1. Eligible costs for snowmobile trail rehabilitation projects include: clearing of trees from storm damage to re-establish the trail corridor, filling and grading to re-establish the trail tread damaged as a result of erosion and widening and straightening trail segments to improve visibility.

2. The following are not considered eligible costs of trail rehabilitation: brushing, signing and similar activities conducted as part of routine maintenance, costs associated with bringing a trail up to standards listed in sub. (4) (c), construction of a new bridge or culvert with an inside diameter of greater than 24 inches or rehabilitation or replacement of a bridge or culvert with an inside diameter of greater than 24 inches.

3. Snowmobile trail rehabilitation projects shall be up to 100 percent of approved eligible project costs. Counties may request an advance payment of up to 75 percent of the signed contract amount for trail rehabilitation.

4. The total cost of the snowmobile trail rehabilitation project may not exceed $500 per mile unless approved by the snowmobile recreation council.

(c) Reimbursement of costs of county maintenance of snowmobile trails shall be up to 100 percent of approved eligible project costs of maintaining the trail up to the amount per mile per year maximum specified under s. 350.12 (4) (b)1, Stats. Counties may request advance payments of up to 50 percent of the signed contract amount for maintenance. To be eligible for maintenance advance payments, a county shall have settled all maintenance claims from previous years.

(d) County liability insurance payments for approved trails shall be reimbursed at 100 percent of eligible costs. Liability insurance is an eligible cost under the category of maintenance.

(e) Aids for development of trail shelters or sanitary facilities shall not exceed $5,000. Aids for a combination building including shelter and sanitary facilities shall not exceed $10,000.

(f) Claims shall be on a reimbursement basis except for snowmobile trail development, bridge rehabilitation, trail rehabilitation and maintenance project advances.

(g) The project period will not exceed one year. All maintenance agreements will terminate on June 30 of each year.

(h) Trail grooming rates, including operator, power unit and drag, shall be established by the department.

(i) Equipment rates for other maintenance activities and trail development performed by force account, snowmobile clubs or snowmobile club associations may not exceed the county machinery agreement rate established annually by the department of transportation.

(j) Labor rates for other maintenance activities and trail development performed by snowmobile clubs or snowmobile club associations shall be established by the department.

(k) Labor rates for other maintenance activities and trail development by county employees or others included in a labor contract shall be as established by the contract.

(L) Claims for payment of maintenance, acquisition, development and bridge rehabilitation projects shall be submitted within 6 months after the project termination date for the costs to be eligible for reimbursement.

(m) Reductions in grant payments for failure to comply with the requirements of maintenance, development or bridge rehabilitation project agreements may be made on a case-by-case basis. A partial or total reduction in funds shall be preceded by specific written notification of conditions which were not met and shall include a timetable for improvement in performance. Continued failure to comply with the grant agreement within the prescribed timetable may result in a reduction of grant funds. The reduction shall be calculated based on a percentage of poor performance in relation to the total trail system specified in the grant agreement.

(n) For counties which do not request supplemental grooming payments under sub. (4) (f), financial audit of claims shall take place as part of each county's year-end single audit. Counties not requesting supplemental grooming payments are not required to submit financial documentation with their payment request. After the single audit is completed, the department may perform additional financial audits of these claims to supplement work done in a single audit.

(6) ADDITIONAL CONDITIONS. In addition to conditions listed in sub. (5), the general provisions of s. NR 50.05 also apply.

(7) PROCEDURE FOR APPLYING FOR GRANT. Contact appropriate department regional office for prescribed application forms and instructions. Submit completed application to the regional office by April 15.

(8) USEFUL LIFE. A table of maximum useful life for project elements is established for the purpose of record management and record disposition. The listing of the maximum useful life figures for snowmobile maintenance, acquisition, development and bridge rehabilitation projects is as follows:

Activity	Description	Maximum Useful Life in Years
Maintenance	Includes brushing, signing, grooming, minor structural repairs	0
Acquisition	Annual easements and leases.	0
	Fee simple	Perpetuity
Insurance	Purchase of county liability coverage	0
Development	General trail construction, signing, brush-ing,grading	0
	Bridge structures	10
	Culverts	3
	Gates	3
	Multi purpose buildings	20
	Trail shelter	5

Wis. Admin. Code Department of Natural Resources NR 50.09

Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. (1) (d), (2) (a) 2. b. and c, (2) (b), (c) and (d), and (3), Register, March, 1976, No. 243, eff. 4-1-76; r. and recr. Register, June, 1980, No. 294, eff. 7-1-80; renum. (1) (a), (b), (c), (2) and (3) to be (4) (b), (c), (d), (5) and (7), renum. (5) (h) and (i) to be (5) (g) and (h), am. (4) (b) 5., (4) (c) 3.b., (5) (b) and (c), r. and recr. (5) (f) and (h), cr. (1), (2), (3), (4) (a), (5) (i), (j) and (k) and (6), r. (7) (b), Register, May, 1983, No. 329, eff. 6-1-83; am. (3), (4) (c) 2. f., 3. b., (5) (c), (d) and (f), cr. (4) (e) and (f), (5) (L) to (n) and (8), Register, November, 1989, No. 407, eff. 12-1-89; r. and recr. (4) (b) and (5) (b) 1., am. (4) (d) 2., (f) 1. intro., a., c. and d., (5) (a), (c) and (f), cr. (4) (d) 3., (e) 3., (f) 2., (g), (5) (bn) and (bp), renum. (4) (f) 2. and 3. to be (4) (f) 3. and 4. and am., Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (4) (c) 3. b., am. (4) (f) 1. a. to c., 2. and (7), renum. (4) (f) 3. and 4. to be (4) (f) 4. and 5. and am. (4) (f) 4., cr. (4) (f) 3., Register, December, 1999, No. 528, eff. 1-1-00; CR 04-014: am. (4) (c) 3. b. and (5) (c) Register September 2004 No. 585, eff. 10-1-04; CR 11-050: am. (4) (b) 2., cr. (4) (bm), am. (4) (f) 1. d., (5) (bn) 1. to 4. Register July 2012 No. 679, eff. 8-1-12.

Amended by, 2023 Wis. Act 110: am. (4) (f) 3. Register February 2024 No. 819, eff. 4/1/2024