Section NR 12.38 - Woven-wire and electric barrier fence construction(1) Specific applications and funding for woven-wire and electric barrier fences shall be approved by the department and county and included in the county plan. Woven-wire and electric barrier fences are permanent, high-profile fences built to function 15 years or more.(2) Prior to granting its approval, the department shall assure: (a) Deer or elk damage has occurred or is occurring on the lands of the applicant and is likely to occur in the future; and(b) The applicant is eligible to receive deer or elk damage claim payments.(3) Should it appear that the cost of providing woven-wire fences to applicants will exceed the funds available for abatement and claims, the department, in reviewing applications, shall grant priority after considering: (a) The crops to be protected are continuing and long-term in nature, and the costs of future damage claims may exceed the cost of fence construction over the lifetime of the fence.(b) The applicant has fully cooperated and assisted in applying recommended damage abatement measures.(c) The landowner agrees to construct and maintain the fence for a period of time determined reasonable in the county plan.(4) The department, exercising reasonable judgment, shall base its decision on priority under sub. (3) on the criteria listed in sub. (3) and the best interest of the state, considering the costs of constructing the barrier fence, the projected amount of damages without the fence and the available funding.(5)(a) The county and its agent shall follow permanent barrier fence project development, contracting, bidding, funding, billing, and contract term inspection procedures detailed in the WDACP technical manual.(b) A permanent fence contract approved by the department shall be used by the county and its agent for any WDACP funded fence. In addition, the county and its agent may not solicit bids for a fence contract without written approval of the department. This contract shall be signed by the enrollee, the county and its agent, and the department prior to expenditure of program funds for fence costs.Wis. Admin. Code Department of Natural Resources NR 12.38
Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), cr. (5), Register, January, 1999, No. 517, eff. 2-1-99; CR 03-018: am. (1), (2) (a), (b), (4) and (5) (a) Register October 2003 No. 574, eff. 1-1-04; CR 03-029: renum. from NR 19.81 Register December 2003 No. 576, eff. 1-1-04.