CHAPTER 28
PUBLIC FORESTS
28.01 Forestry supervision.
28.02 State forests lands.
28.035 American Legion State Forest.
28.04 Management of state forests.
28.05 Timber sales; state forests.
28.11 Administration of county forests.
28.22 Timber sales; community forests.
28.99 Parties to a violation.
Ch. 28 Cross-reference
Cross-reference: See definitions in s.
24.01.
28.005
28.005
Definition. "Department" when used in this chapter without other words of description or qualification means the department of natural resources.
28.01
28.01
Forestry supervision. The department shall execute all matters pertaining to forestry within the jurisdiction of the state, direct the management of state forests, collect data relative to forest use and conditions and advance the cause of forestry within the state.
28.02
28.02
State forests lands. 28.02(1)(1)
Defined. State forests lands include all lands granted to the state by an act of congress entitled, "An act granting lands to the state of Wisconsin for forestry purposes," approved June 27, 1906; all lands donated to the state by the Nebagamon Lumber Company for forestry purposes; all lands acquired pursuant to
chapter 450, laws of 1903,
chapter 264, laws of 1905,
chapter 638, laws of 1911, and
chapter 639, laws of 1911, or under ss. 1494-41 to 1494-62, 1915 stats., and all lands subsequently acquired for forestry purposes. Unless an island is designated as state forest land by the department, state forest lands do not include lands granted to the state by an act of congress entitled, "An act granting unsurveyed and unattached islands to the state of Wisconsin for forestry purposes," approved August 22, 1912. The department may designate as state forest lands any lands within state forest boundaries which were purchased with other conservation funds and where forestry would not conflict with a more intensive use.
28.02(2)
(2) Acquisition. The department may acquire lands or interest in lands by grant, devise, gift, condemnation or purchase within the boundaries of established state forests or purchase areas; and outside of such boundaries for forest nurseries, tracts for forestry research or demonstration and for forest protection structures, or for access to such properties. In the case of condemnation the department shall first obtain approval from the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof.
28.02(3)
(3) Disposition of improvements. Buildings not required for administrative or other public use may be razed for salvage material. Otherwise they shall be sold.
28.02(4)
(4) Sale of state forest lands. 28.02(4)(a)(a) Lands outside state forest boundaries may be sold pursuant to
s. 23.15.
28.02(4)(b)
(b) Lands within state forest boundaries may be sold pursuant to
s. 23.15, after public hearing in the county courthouse of the county in which the lands to be sold are located, following class 2 notices published, under
ch. 985, in the county, and in the official state paper, for the following purposes only:
28.02(4)(b)1.
1. To a local unit of government when required for a public use.
28.02(4)(b)2.
2. To others for the purpose of making land adjustments due to occupancy resulting from errors of survey.
28.02(4)(b)5.
5. To public utilities and cooperative associations when needed for power and telecommunications substations, transformers, booster stations and similar installations.
28.02(4)(b)6.
6. When no longer needed for conservation purposes.
28.02(5)
(5) Easements. The department may grant easements for a right-of-way for public or private roads or public utility lines, or for flowage rights where it finds that any such use at the designated location does not conflict with the planned development of the forest. Easements for public roads shall be granted for a nominal sum; in all other cases the appraised value shall be required in payment.
28.02(6)
(6) Certain leases forbidden. No lease shall hereafter be issued or any existing lease extended or renewed by the department on any unsurveyed and unattached islands in inland lakes north of the township line between townships 33 and 34 north, and granted to the state by an act of congress, approved August 22, 1912, entitled "An act granting unsurveyed and unattached islands to the state of Wisconsin for forestry purposes," except that the department may extend or renew any such leases in existence June 25, 1925, to public charitable, religious, educational or other associations not organized for profit, and except that the department may extend or renew any such leases in existence June 25, 1925, on islands upon which improvements have been made.
28.03
28.03
State forests. 28.03(1)(1)
Defined. State forests shall consist of well blocked areas of state owned lands which have been established as state forests by the department.
28.03(2)
(2) Named. The state forests are designated as follows:
28.03(2)(a)
(a) "American Legion State Forest" in Oneida County.
28.03(2)(b)
(b) "Brule River State Forest" in Douglas County.
28.03(2)(c)
(c) "Flambeau River State Forest" in Sawyer, Rusk and Price counties.
28.03(2)(d)
(d) "Kettle Moraine State Forest" in Sheboygan, Fond du Lac, Washington, Waukesha, Jefferson, Ozaukee and Walworth counties.
28.03(2)(e)
(e) "Northern Highland State Forest" in Vilas and Iron counties.
28.03(2)(f)
(f) "Point Beach State Forest" in Manitowoc County.
28.03(3)
(3) Department may name. The department may designate by appropriate name any state forest not expressly named by the legislature.
28.035
28.035
American Legion State Forest. 28.035(1)
(1) The state forest located in townships 38 and 39 north, ranges 7, 8 and 9 east, Oneida County, shall be named the American Legion State Forest.
28.035(2)
(2) The department shall enter into an agreement with the Wisconsin department of the American Legion for hunting in the state forest lands described as lots 3, 4, 6 and 7 of section 8 and lots 2 and 3 of section 17, township 38 north, range 7 east, Oneida County, which are used in connection with Camp American Legion and which the Legion is now maintaining on this location as a restoration camp for sick and disabled veterans and their dependents.
28.035(3)(a)(a) The written lease entered into between the Wisconsin state department of the American Legion and the department of natural resources dated June 15, 1944, which leases Camp American Legion for a period of 10 years commencing June 1, 1944, shall continue in full force for an additional 10 years, and may be renewed for additional 10-year periods thereafter, notwithstanding the expiration of the term expressed therein, so long as the Wisconsin state department of the American Legion or any of the American Legion posts organized under
s. 188.08 maintains on such property structures which were constructed prior to May 31, 1956, at the expense of the Wisconsin state department of the American Legion or any such post, for the purpose of the rehabilitation, restoration or recreation of veterans and their dependents of the Spanish-American war, the Philippine insurrection, the Mexican border service, World Wars I and II, the Korean conflict, the Vietnam war and Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34.
28.035(3)(b)
(b) The ownership of all of the buildings and equipment of the camp shall revert to the state upon the discontinuance of the use thereof for such purposes. On or before January 15 of each year the department of the American Legion shall file with the governor, the department of veterans affairs and the department of natural resources a written report of the operations and the financial status of the camp.
28.04
28.04
Management of state forests. 28.04(1)
(1)
Definitions. In this section:
28.04(1)(a)
(a) "Biological diversity" means the variety and abundance of species, their genetic composition, and the communities, ecosystems and landscapes in which they occur. "Biological diversity" also refers to the variety of ecological structures, functions and processes at any of these levels.
