26.30(3)(c)
(c) "Forest pest" means any insect or disease which is harmful, injurious or destructive to forests or timber.
26.30(3)(d)
(d) "Forests" or "forest lands" mean any area on which trees exist, standing or down, alive or dead, actually or potentially valuable for forest products, watershed or wildlife protection or recreational uses in contrast to shade, horticulture or ornamental trees valuable for landscape, agricultural, aesthetic or similar purposes.
26.30(3)(e)
(e) "Infestation" includes actual, potential, incipient or emergency infestation or infection by forest pests.
26.30(4)
(4) Surveys, investigations and control. The department shall make surveys and investigations to determine the presence, condition and extent of infestations and it shall also carry on control measures when necessary. For such purposes the department or its wardens may enter public and private lands at reasonable times without incurring a liability to anyone.
26.30(5)
(5) Cooperative agreements. To carry out the purposes of this section the department may enter into arrangements or agreements with the University of Wisconsin System, the department of agriculture, trade and consumer protection, other departments of this and other states, the U.S. department of agriculture and other federal agencies and with counties, towns, corporations and individuals.
26.30(6)
(6) Responsibility of forest landowners. Every owner of forest lands or timber shall exercise every reasonable effort to control and destroy forest pests on forest lands or timber owned by or under the control of the owner. In case of the owner's failure, neglect or inability to do so, the work may be performed as provided in this section.
26.30(7)
(7) Designation of infestation control zones. 26.30(7)(a)(a) Whenever the department finds that an area in the state is infested or threatened with infestation by forest pests, it shall determine whether proven measures of control are needed and are available at reasonable cost with respect to the value of the forest lands or timber to be protected and the area affected. Such control measures may be applied through cooperative agreements as provided in
subs. (5) and
(8) or the department may designate a proposed zone of infestation covering the area in which control measures are to be applied. When a proposed zone of infestation is designated and before the establishment thereof, the department shall hold a public hearing thereon. Notice of such hearing shall be published in one or more newspapers having a general circulation in the county covered in whole or in part by the proposed zone as a class 1 notice, under
ch. 985. The notice shall contain a description of the lands included in the proposed zone of infestation and a time and place where owners of forest lands in the proposed zone may show cause orally or in writing why the zone should or should not be established. The department shall consider any statements received in determining whether the zone shall be established. If the department determines that a zone should be established it shall issue an order establishing the zone of infestation.
26.30(7)(b)
(b) Upon the establishment of a zone of infestation by the department, notice thereof shall be published in one or more newspapers having a general circulation in the area affected by such zone as a class 1 notice, under
ch. 985.
26.30(7)(c)
(c) When the department finds that an emergency condition exists and that the delays necessitated by the procedure outlined in
pars. (a) and
(b) would result in an epidemic or infestation, it may by order establish a zone of infestation without public hearing, giving such notice as it deems feasible.
26.30(8)
(8) Department to control infestation if owner fails to act. Upon the establishment of a zone of infestation, the department shall apply measures of control on public and private forest lands within the established zone if the owner fails, refuses, neglects or is unable to undertake adequate control measures. The department shall endeavor to enter into agreements with owners of forest lands concerning the control work on their lands and fixing a proportional basis on which the costs of such work will be shared between the state and such owner. Failure of the department to offer an agreement to or execute an agreement with any owner shall not relieve the owner of any liability under this section or impair the right of the department to enter on the lands of said owner to conduct control operations.
26.30(9)
(9) Distribution and collection of costs. 26.30(9)(a)(a) At the completion of the control measures in any area, or at the end of the calendar year, the department shall prepare a certified statement of the expenses incurred in carrying out such measures including expenses of owners covered by agreements pursuant to
sub. (8) but these charges shall not include salary or expenses of regular permanent or seasonal personnel of the department, or operating costs for such regular equipment as may be owned or purchased by the department for insect pest control work. The statement shall show the amount which the department determines to be the state's share of the expenses, but this amount shall not be less than 50% of the balance of such expenses incurred on forest lands after federal funds allocated to a specific control project have been deducted. The share of the state may include any federal aid funds and the value of contributions made available by other cooperators. The balance of such costs shall constitute a charge on an acreage basis against the owners of lands in the area affected by the forest pests for which control measures were conducted. In fixing the rates at which charges shall be made against each owner, the department shall consider present values and the present and potential benefits to such owner and to the state as a whole from the application of control measures, the cost of applying such measures to the owner's land, and other such factors as in the discretion of the department will enable it to determine an equitable distribution of the costs to all such owners. No charge shall be made against owners to the extent that they have individually or collectively contributed funds, supplies or services pursuant to agreement, and 160 acres or less of forest land owned by any person within any county shall be exempt from any control cost.
26.30(9)(b)
(b) As soon as the expenses incurred by the state in forest pest control work have been paid by the state treasurer, the department shall send to each landowner a bill covering an equitable share of such expenses as herein provided.
26.30(9)(b)1.
1. When such work has been performed on county lands, the department shall send to the proper county treasurer a bill for the county's share of such expenses and a copy of the bill shall be filed with the department of administration. The county shall have until October 1 of each year to pay such bill. If payment is not made by October 1 of each year, the secretary of state, upon information certified to the secretary of state by the department of administration, shall include such amount as a part of the next levy against the county for state taxes, but no county shall be required to pay more than $5,000 of such amount in any one year. Any unpaid levy under this section shall remain a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.
26.30(9)(b)2.
2. When such work has been performed on other public or private lands the department shall certify to such owner the claim of the state in writing and list the items of expense incurred in such pest control work. Such claims shall be paid within 60 days and, if not paid within such time, the state may begin an action thereon at any time within 2 years.
26.30(9)(b)3.
3. If any claim is not paid within 60 days, the state may file a mechanics' lien within 6 months after the 60-day period expires against the land affected in accordance with
ch. 779, and shall have the necessary remedies to enforce the lien.
26.30(10)
(10) Dissolution of infestation control zones. Whenever the department finds that forest pest control within an established zone of infestation is no longer necessary or feasible it shall set aside the order establishing the zone.
26.35
26.35
Forest productivity. The department shall identify types of privately owned forest lands which are most likely to provide high forest productivity benefits to the economy of the state. The department shall target its activities in providing assistance to owners of privately owned forest lands in order to concentrate on those types of forest lands identified as most likely to provide high forest productivity benefits to the economy of the state.
26.35 History
History: 1983 a. 27.
26.36
26.36
Forest energy resources. Biennially, in consultation with the department of agriculture, trade and consumer protection and any other appropriate agency, the department shall prepare a report regarding the extent of forest lands in this state and the potential of such lands to provide fuel for use in electric generating facilities, industrial facilities and home heating systems. The report shall evaluate progress made in meeting the afforestation goal under
s. 1.12 (3) (c). The department shall submit the report before April 1 of each even-numbered year to the legislature under
s. 13.172 (3).
26.36 History
History: 1993 a. 414.
26.36 Note
NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
26.37
26.37
Lake states wood utilization consortium. 26.37(1)(1) The department of natural resources and the department of commerce shall jointly develop a plan to establish a lake states wood utilization consortium to provide research, development and demonstration grants to enhance the forest products industry in Wisconsin and other states. The plan shall do all of the following:
26.37(1)(a)
(a) Define the powers, duties and responsibilities of the consortium.
26.37(1)(b)
(b) Establish an implementation committee for the consortium. Members of the committee may include one or more representatives from the department of natural resources, the department of commerce and the forest products industry.
26.37(1)(c)
(c) Specify eligibility requirements for the grants and criteria for awarding the grants, including how the grants are to be distributed to each state participating in the consortium.
26.37(1)(d)
(d) Require that the grants require matching funds or in-kind contributions by industrial recipients of the grants.
26.37(1)(e)
(e) Require the implementation committee to identify an organization that can administer and award the grants and oversee the grant program.
26.37(1)(f)
(f) Require the consortium to actively pursue funding from the states of Michigan and Minnesota of $200,000 annually from each state for 3 years.
26.37(1)(g)
(g) Require the consortium to actively pursue federal and other funding sources.
26.37(2)
(2) The department of natural resources may not expend moneys from the appropriations under s.
20.370 (5) (ax) or
(6) (bt), 1997 stats., unless the department of natural resources and the department of commerce first submit to the joint committee on finance the plan required under
sub. (1). If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the departments' submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented and moneys may be expended as proposed by the department of natural resources. If, within 14 days after the date of the departments' submittal of the plan, the cochairpersons of the committee notify the department of natural resources that the committee has scheduled a meeting to review the plan, moneys may be expended only after the plan has been approved by the committee.
26.38
26.38
Private forest grants. 26.38(1)(ag)
(ag) "Forest stewardship management plan" means a plan describing forest stewardship measures to be used on a particular site to achieve multiple natural resource goals.
26.38(1)(ar)
(ar) "Nonindustrial private forest land" means rural land that has existing tree cover or that is suitable for growing trees.
26.38(2m)(a)(a) The department shall establish a program to award grants for developing and implementing forest stewardship management plans by owners of nonindustrial private forest land. The department shall award the grants only to persons owning 500 acres or less of nonindustrial private forest land in this state.
26.38(2m)(b)
(b) Each owner receiving a grant under this section shall provide a matching contribution in an amount to be determined by the department for that particular grant based on criteria promulgated by rule under
sub. (3). The matching contribution may be in the form of money or in-kind goods or services or both.
26.38(2m)(c)
(c) A forest stewardship management plan developed or implemented with a grant under this section shall meet minimum standards that are promulgated by rule under
sub. (3) and shall contain practices that protect and enhance all of the following:
26.38(2m)(c)5.
5. The recreational, aesthetic and environmental benefits that the forest land provides.
26.38(3)
(3) The department shall promulgate rules to implement and administer this program, including the criteria for determining the amount of a matching contribution under
sub. (2m) (b) and the minimum standards required under
sub. (2m) (c).
26.38 History
History: 1997 a. 27.
26.97
26.97
Law enforcement and police power. A state forest ranger, town chairperson, conservation warden or other duly appointed deputy may do any of the following:
26.97(1)
(1) Arrest a person, with or without a warrant, when the person is detected actually committing a violation of this chapter or
s. 167.10 (3),
941.10 (1),
941.11,
941.12,
941.13,
943.02 (1),
943.03,
943.04,
943.05 or
943.06 (2).
26.97(2)
(2) Arrest a person, with or without a warrant, whom the ranger, chairperson, warden or deputy has reason to believe is committing or has committed a violation of a statutory provision specified under
sub. (1).
26.97(3)
(3) Take the arrested person before the circuit court for the county where the violation occurred and make a proper complaint.
26.97(4)
(4) Execute and serve any warrant or process in the same manner as any constable.
26.97 History
History: 1989 a. 79.
26.98
26.98
General penalty. Any person who violates a provision of this chapter for which no penalty is provided shall forfeit not more than $50.
26.98 History
History: 1975 c. 365;
1983 a. 27 s.
643m; Stats. 1983 s. 26.98.
26.985
26.985
Penalties, repeaters. 26.985(1)
(1) In this section, "violation" means any violation under this chapter or any violation of a department order punishable under this chapter.
26.985(2)
(2) Except as provided in
subs. (3) and
(4), if a person is convicted of a violation and has one or more convictions, within the 5 years prior to the current conviction, for one or more violations, the person shall be fined not more than $100 or imprisoned for not more than 6 months or both. The prosecution shall allege and prove the prior convictions in the manner specified in
s. 29.974.
26.985(3)
(3) Except as provided in
sub. (4), if a person is convicted of a violation and has 3 or more convictions, within the 3 years prior to the current conviction, for one or more violations, the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both. The prosecution shall allege and prove the prior convictions in the manner specified in
s. 29.974.
26.985(4)(a)(a) A person under this section is subject to a fine not to exceed the fine under this section or the fine or forfeiture for the underlying offense, whichever is greater.
26.985(4)(b)
(b) A person under this section is subject to imprisonment for a term not to exceed the amount provided under this section or the amount provided for the underlying offense, whichever is greater.
26.985 History
History: 1989 a. 79;
1997 a. 248.
26.99
26.99
Parties to a violation. 26.99(1)
(1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
26.99(2)
(2) A person is concerned in the commission of the violation if the person:
26.99(2)(b)
(b) Aids and abets the commission of it; or
26.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
26.99 History
History: 1975 c. 365.
