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.
26.38 Cross-reference
Cross Reference: See also s.
NR 47.80, Wis. adm. code.
26.39
26.39
Forestry education. 26.39(1)(1)
Definitions. In this section:
26.39(1)(a)
(a) "School forest" means a community forest that is owned or operated by a school as provided in
s. 28.20.
26.39(2)
(2) Forestry education curriculum; schools. Using the moneys appropriated under
s. 20.370 (1) (cu), the department, in cooperation with the Center for Environmental Education in the College of Natural Resources at the University of Wisconsin-Stevens Point, shall develop a forestry education curriculum for grades kindergarten to 12.
26.39(3)
(3) Forestry education for the public. Using the moneys appropriated under
s. 20.370 (1) (cv), the department shall develop a program to educate the public on the value of sustainable forestry. The program shall include support for educational efforts conducted by school districts at school forests or conducted by other entities that provide education on the topic of sustainable forestry.
26.39(4)(a)(a) The department shall credit to the appropriation account under
s. 20.370 (1) (cu) the moneys received as surcharges under
s. 28.06 (2m) during fiscal year 2001-02, up to a total amount of $300,000. The department shall credit any balance over $300,000 that remains from the moneys received as such surcharges during fiscal year 2001-02 to the appropriation account under
s. 20.370 (1) (cv).
26.39(4)(b)
(b) For fiscal year 2002-03 and each fiscal year thereafter, the department shall credit 50% of the moneys received as surcharges under
s. 28.06 (2m) during the applicable fiscal year to the appropriation account under
s. 20.370 (1) (cu) and the remaining 50% to the appropriation account under
s. 20.370 (1) (cv).
26.39 History
History: 2001 a. 16,
109.
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,
subch. VI of ch. 77, 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;
2003 a. 228.
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.
