AB254: Bill Text

LRB-0195/3

RNK&RPN:jld&cmh:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 254

March 18, 2005 - Introduced by Representatives Friske, Gard, Ainsworth, Meyer, Mursau, M. Williams, Gronemus, Kaufert, Gunderson, Wieckert, Bies, Freese, Gundrum, Hahn, Kestell, Krawczyk, McCormick, Montgomery, Musser, Ott, Owens, Petrowski, Suder, Townsend, Underheim, Van Roy and Schneider, cosponsored by Senators Kanavas, Breske and Zien. Referred to Committee on Forestry.

AB254,1,7 An Act to renumber and amend 60.61 (2) (a); to amend 28.04 (2) (a), 28.04 (2) (b), 28.04 (2) (c), 28.04 (3) (a), 28.04 (3) (b), 59.69 (4) (a) and 62.23 (7) (b); and to create 23.114, 23.135, 28.025, 28.04 (1) (br), 28.05 (3), 94.025 and 823.075 of the statutes; relating to: managing state forest lands, harvesting of timber from state forest lands, emergences on state forest lands, actions against forestry operations, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes various changes to the laws relating to the management of state forest lands. Under current law, the administrator of the Division of Forestry in the Department of Natural Resources (DNR) is designated as the chief state forester. This bill provides that the chief state forester has the authority and responsibility to manage emergencies, as specified by DNR, that threaten state forest lands, other than emergencies declared by the governor as a state of emergency. The bill also specifies that the chief state forester must report directly to the secretary of DNR.

Under current law, state forest lands are generally managed by DNR. This bill specifies requires that the Division of Forestry within DNR manage state forest lands.

This bill also requires DNR to establish allowable timber harvests for every parcel of 10 or more contiguous acres of forested land owned or managed by DNR or managed by a person under the direction of DNR. Under the bill, if the timber harvest for any of these lands falls below 90 percent or exceeds 110 percent of the established allowable timber harvest, the Council on Forestry must prepare a report containing recommendations on methods of ensuring that the timber harvest for that state forest land is consistent with the annual allowable timber harvest established by DNR.

The bill also requires DNR to maintain an inventory of every parcel of 10 or more contiguous acres of forested land that DNR owns or manages. The bill specifies that, if DNR prohibits the use of active management techniques on any of these lands, DNR must prepare a report every 15 years containing projections of the long-term forest health effects and the economic effects that result from that prohibition.

Under current law, if a business, property, or action of a person creates a public nuisance, the party damaged by that nuisance can bring an action for the damages caused by the nuisance or to abate the nuisance. A county or municipality may bring an action to abate a public nuisance. A "nuisance" is generally defined as an activity that annoys or disturbs a person in possession of his or her property and makes the use or occupation of that property physically uncomfortable. Currently, nuisances are defined to include dilapidated buildings, drug houses, and criminal gang houses.

This bill provides that a forestry operation may not be declared a nuisance if the forestry operation conforms to generally accepted forestry management practices. Under the bill, forestry operations include removal of vegetation or dead trees, noise from forestry equipment, and use of chemicals that are normally used in forestry operations. In addition, the bill provides that a forestry operation that conforms to generally accepted forestry management practices is not a nuisance regardless of any of the following:

1. Change in ownership or size of a forest.

2. Interruption of forestry operations.

3. Enrollment of part or all of the forest in governmental forestry programs.

4. Adoption of new forestry technology.

The bill also allows a person who is alleged to have committed the nuisance to receive his or her costs, including attorney fees, if he or she prevails in the action alleging a nuisance.

Under current law, cities, villages, towns that are authorized to exercise village powers, certain other towns, and counties (political subdivisions) are authorized to enact zoning ordinances that regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population, the location and use of buildings, structures, and land for various purposes, and the areas within which activities such as agriculture, forestry, and mining may be conducted.

Under this bill, no political subdivision may enact a zoning ordinance that prohibits forestry operations that are in accordance with generally accepted forestry management practices.

This bill also requires DNR to establish a program that allows private cooperating foresters to assist the state in the harvesting and sale of timber from state forest lands. The bill requires DNR to appoint cooperating foresters as agents of DNR for the purpose of harvesting and selling timber from state forest lands and to allow those foresters to receive a portion of the proceeds from each timber sale.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB254, s. 1 Section 1. 23.114 of the statutes is created to read:

AB254,3,4 23.114 Duties of the chief state forester. (1) (a) In this section, "state forest land" means all forested lands owned or managed by the department or managed by a person under the direction of the department.

AB254,3,10 (b) Except as provided in par. (c), the chief state forester shall manage emergencies that threaten state forest lands. The department shall promulgate rules specifying those emergencies over which the chief state forester shall have management responsibility. The emergencies specified in the rules shall include invasive species or pest infestation, disease, and damage to timber from fire, snow, hail, ice, or wind.

AB254,3,12 (c) Paragraph (b) does not apply to a state of emergency declared by the governor under s. 166.03.

AB254,3,14 (2) The chief state forester shall report directly to the secretary of the department.

AB254, s. 2 Section 2. 23.135 of the statutes is created to read:

AB254,3,19 23.135 Forest land inventory and report. (1) In this section, "state forest land" means any parcel of 10 or more contiguous acres of forested land owned or managed by the department or managed by a person under the direction of the department.

AB254,4,2 (2) The department shall undertake and maintain a current inventory of state forest lands.

AB254,4,6 (3) If the department prohibits the use of active management techniques on any state forest land, the department shall prepare a report that contains a projection of the long-term forest health effects and a projection of the economic effects that result from that prohibition.

AB254,4,8 (4) The department shall prepare each report required under sub. (3) once every 15 years.

AB254,4,11 (5) The department shall submit the report required under sub. (3) to the council on forestry and to the appropriate standing committee in each house of the legislature under s. 13.172 (3).

AB254, s. 3 Section 3. 28.025 of the statutes is created to read:

AB254,4,24 28.025 Annual allowable timber harvests. The department shall establish annual allowable timber harvests for every parcel of 10 or more contiguous acres of forested land owned or managed by the department or managed by a person under the direction of the department. Annually, by January 1, the department shall submit a report to the council on forestry specifying the total timber harvest on each of those parcels for the previous year. If the timber harvest for any of these parcels in any year is less than 90 percent, or more than 110 percent, of the allowable timber harvest established parcel, the council on forestry shall prepare a report containing recommendations on methods of ensuring that the timber harvest for that parcel is consistent with the annual allowable timber harvest established by the department. The council on forestry shall submit the report to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3).

AB254, s. 4 Section 4. 28.04 (1) (br) of the statutes is created to read:

AB254,5,1 28.04 (1) (br) "Division" means the division of forestry in the department.

AB254, s. 5 Section 5. 28.04 (2) (a) of the statutes is amended to read:

AB254,5,16 28.04 (2) (a) The department division shall manage the state forests forest to benefit the present and future generations of residents of this state, recognizing that the state forests forest lands contribute to local and statewide economies and to a healthy natural environment. The department division shall assure the practice of sustainable forestry and use it to assure that state forests forest lands can provide a full range of benefits for present and future generations. The department division shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department division in each state forest shall reflect its unique character and position in the regional landscape.

AB254, s. 6 Section 6. 28.04 (2) (b) of the statutes is amended to read:

AB254,5,20 28.04 (2) (b) In managing the state forests, the department division shall recognize that not all benefits under par. (a) can or should be provided in every area of a state forest.

AB254, s. 7 Section 7. 28.04 (2) (c) of the statutes is amended to read:

AB254,5,23 28.04 (2) (c) In managing the state forests, the department division shall recognize that management may consist of both active and passive techniques.

AB254, s. 8 Section 8. 28.04 (3) (a) of the statutes is amended to read:

AB254,6,5 28.04 (3) (a) The department division shall prepare a plan for each state forest that describes how the state forest will be managed. The department division shall work with the public to identify property goals and objectives that are consistent with the purposes under sub. (2). The department division shall identify in each plan the objectives of management for distinct areas of the state forest.

AB254, s. 9 Section 9. 28.04 (3) (b) of the statutes is amended to read:

AB254,6,16 28.04 (3) (b) The department division shall establish procedures for the preparation and modification of these plans, including procedures for public participation. In preparing and modifying plans under this subsection, the department division shall use the best available information regarding the purposes and benefits of the state forests that the department division acquires through inventories, evaluations, monitoring and research. In evaluating such information, the department division shall consider both regional and local scales, including the impact on local economies. As new information becomes available, the department division shall adapt its management of the state forest and, if necessary, the plan for the state forest.

AB254, s. 10 Section 10. 28.05 (3) of the statutes is created to read: