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 Wisconsin Land Trusts
 Land Policy + Legislation

Public Access to Knowles-Nelson Stewardship Lands

man and boy on shoreGathering Waters Conservancy has long been a champion of the Stewardship Fund.

In late January, the administrative rule governing public access on Knowles-Nelson Stewardship Fund lands came up for a vote at the Natural Resources Board’s (NRB) monthly meeting.  After hearing testimony from over thirty individuals and organizations, including Gathering Waters Conservancy and several land trusts, the NRB voted to approve the rule, also known as NR 52. (A copy of NR52 is here).

NR 52 stipulates how public use of Stewardship-purchased lands can be permitted and/or limited to protect sensitive ecosystems, protect public safety and accommodate “usership patters.”  In Wisconsin there are disparate, passionate opinions about why we conserve land, and they all surfaced in this drawn-out rule-making process.  We believe that the rule approved by the NRB represented a reasonable compromise, and we supported it.

The rules passed last month will create some new administrative and management challenges for land trusts, but we’re confident that the rules won’t hobble their ability to protect Wisconsin’s most special places.

What's next?
While the NRB approval was a major hurdle for NR 52, the review process isn’t finished yet.  Pursuant to Wis. Stat. s. 227.19, the rule was then referred to the Legislature for review.  Legislative committees, with imput from a group of partners including Gathering Waters Conservancy, Wisconsin Wildlife Federation, The Nature Conservancy and Wisconsin Waterfowl Association, reviewed the rule and sent a modified draft back to the Natural Resources Board in April.

Background
The Knowles-Nelson Stewardship was created in 1989 to preserve valuable natural areas and wildlife habitat, protect water quality and fisheries, and expand opportunities for outdoor recreation. Nearly all properties purchased with the Stewardship Fund have been open to the public.

The Rules about Public Access – NR52
In 2007, the Wisconsin Legislature reauthorized the Stewardship Fund through 2020 and increased its funding to $86 million a year starting in 2010.  The law reauthorizing Stewardship also required that the Department of Natural Resources (DNR) write rules to determine when certain nature based outdoor activities can be prohibited on Stewardship properties in order to “1. protect public safety, 2.  protect unique plant and animal communities, or 3. accommodate usership patterns”  (WI Statute § 23.0916 (2)). (You can read more on access to Stewardship lands before the 07 budget here).

An Administrative Rules Citizen Advisory Committee, on which Gathering Waters Conservancy had a seat, met for several months to offer extensive input on the rules guiding public access on Stewardship properties. The Committee was made up of representatives from land trusts, local governments, hunting and fishing advocacy groups, and other conservation organizations, all of whom brought important perspectives to the table.

As of August 2009, the draft rules have been released and the publichas been asked to comment on them either in writing or at the public hearings listed above.

fisherman

What is Gathering Waters’ position on NR 52 – the Administrative Rules for Public Access?
We believe that NR 52 effectively captures the input from the Citizen Advisory Committee and we are advocating that they not be revised further. 

From the beginning of this process, Gathering Waters Conservancy has argued that the administrative rules should allow land trusts and local governments the flexibility to protect places important to their communities and determine the best balance of recreation on individual properties.  These rules as they are written provide a good framework within which natural resource professionals in the DNR can work with local governments and land trust partners to determine how Stewardship dollars will best serve communities across Wisconsin.

Are there people who oppose the rules?
Some have arguedthat Stewardship dollars should only be used to buy lands that will be open to all uses, notably all hunting and trapping in all seasons.  

We believe that would make Stewardship dollars unavailable to communities who have the most to gain. That would mean Stewardship grants would be unavailable to purchase public recreation lands near urban areas and would prevent the Stewardship fund from protecting some of our most vulnerable natural resources.

In addition, this strict approach would directly contradict the legislature’s intent. In 2007, the legislature were clear: that nature based outdoor activities could be prohibited when it is necessary to protect public safety, protect unique plant and animal communities, or accommodate usership patterns. (You can read more FAQ's and an explaination of Gathering Waters' position in this document).

updated 03-03-2010

"We set out to save a square mile dotted with woods and restored wetlands less than a mile from a million people’s homes. But how do you come up with funding quickly enough to save this treasure from the pressure of development? The answer… the Stewardship Fund."
-Christine Nuernberg, Mayor of Mequon

Back to Stewardship Fund page»

Our position on NR 52 and FAQ's about Stewardship and public access »

Our written comments on NR 52 »

 

211 S. Paterson St. Suite 270 • Madison, WI 53703 • PH 608-251-9131 • FX 608-663-5971 • info@gatheringwaters.org