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.
28.02 Cross-reference
Cross Reference: See also s.
NR 1.42, Wis. adm. code.
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, the Iraq 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.
28.04(1)(b)
(b) "Community" means an assemblage of species living together in a particular area, time and habitat.
28.04(1)(c)
(c) "Ecological capability" means the potential of an area to support or develop one or more communities through management, with the potential being dependent on the area's abiotic attributes, its flora and fauna, its ecological processes and disturbances within and upon the area.
28.04(1)(d)
(d) "Native" means indigenous to the area or region.
28.04(1)(e)
(e) "Sustainable forestry" means the practice of managing dynamic forest ecosystems to provide ecological, economic, social and cultural benefits for present and future generations.
28.04(2)
(2) Purposes and benefits of state forests. 28.04(2)(a)(a) The department shall manage the state forests to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department 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 in each state forest shall reflect its unique character and position in the regional landscape.
28.04(2)(b)
(b) In managing the state forests, the department shall recognize that not all benefits under
par. (a) can or should be provided in every area of a state forest.
28.04(2)(c)
(c) In managing the state forests, the department shall recognize that management may consist of both active and passive techniques.
28.04(3)(a)(a) The department shall prepare a plan for each state forest that describes how the state forest will be managed. The department shall work with the public to identify property goals and objectives that are consistent with the purposes under
sub. (2). The department shall identify in each plan the objectives of management for distinct areas of the state forest.
28.04(3)(b)
(b) The department 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 shall use the best available information regarding the purposes and benefits of the state forests that the department acquires through inventories, evaluations, monitoring and research. In evaluating such information, the department shall consider both regional and local scales, including the impact on local economies. As new information becomes available, the department shall adapt its management of the state forest and, if necessary, the plan for the state forest.
28.04 History
History: 1995 a. 257.
28.04 Cross-reference
Cross Reference: See also ch.
NR 44 and s.
NR 1.24, Wis. adm. code.
28.04 Annotation
The department has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63 Atty. Gen. 519.
28.045
28.045
Educational requirements for field foresters. 28.045(1)(1) Every person hired as a field forester by the department on or after November 20, 2003, shall have received a bachelor's or higher degree in forestry from a school of forestry with a curriculum accredited by the Society of American Foresters or an equivalent degree, as determined by the chief state forester.
28.045(2)
(2) Notwithstanding
s. 230.14 (3m), the department may require as a condition of application that an applicant for the position of field forester has met the educational requirements specified under
sub. (1).
28.045 History
History: 2003 a. 66.
28.05
28.05
Timber sales; state forests. 28.05(1)
(1)
Limitations. Cutting shall be limited to trees marked or designated for cutting by a forester employed by the department or by an individual determined by the department to be qualified to do such marking or designating and who is under the oversight of a forester employed by the department. The department may sell products removed in cultural or salvage cuttings and standing timber designated in timber sale contracts, but all sales shall be based on tree scale or on the scale, measure or count of the cut products. The department may require that a person purchasing products or standing timber under a timber sale contract provide surety for the proper performance of the contract either directly or through a bond furnished by a surety company authorized to do business in this state.
28.05(2)
(2) Procedure. Sales of cut products or stumpage having an estimated value of $3,000 or more shall be by public sale after 2 publications of a classified advertisement announcing the sale in a newspaper having general circulation in the county in which the timber to be sold is located. Sales with an estimated value of $3,000 or more requires approval by the secretary.
28.05 Annotation
Although the DNR has authority to sell firewood, there is no requirement that it do so.
71 Atty. Gen. 23.
28.06
28.06
Forest nurseries. 28.06(1)(1)
Limitation. Only planting stock of species and sizes suitable for forest and woodlot planting and for planting by school pupils to celebrate arbor day under
s. 118.025 shall be produced in state forest nurseries. The department may employ labor at prevailing local wages for nursery operation or reforestation.
28.06(2)
(2) Distribution. In addition to use of planting stock on state lands, the department may distribute stock for growing forest products, for establishing windbreaks or shelterbelts, for control of soil erosion, and for game food or cover, but not for ornamental or landscape planting except by school pupils celebrating arbor day. Prices of planting stock shall be approved annually by the department and shall be based on the total cost of administering the forest nursery program under this section, including the cost of processing applications and producing, packaging and distributing nursery stock. To encourage forest planting, free stock may be allotted to any nonprofit organization or any school for the celebration of arbor day under
s. 118.025.
28.06(2m)
(2m) Surcharge. A person who purchases a seedling under
sub. (2) shall pay, in addition to the price of the seedling charged under
sub. (2), a surcharge for each seedling purchased. Beginning on September 1, 2001, and ending on June 30, 2002, the surcharge shall be 2 cents for each seedling. Beginning on July 1, 2002, the surcharge shall be 3 cents for each seedling. All surcharges collected under this subsection shall be deposited in the conservation fund.
28.06(3)
(3) Exchange, sale or purchase. For the purpose of adjusting forest planting programs, the department may exchange stock with, sell stock to or purchase stock from a county, another state or the U.S. forest service.
28.06(4)
(4) Resale of nursery stock. Any person who sells forestry stock secured from the department shall forfeit not more than $100.
28.06(5)
(5) Forfeitures. Any person who uses planting stock which he or she knows was produced in state forest nurseries for any purpose other than those specified in
sub. (2) or for ornamental or landscape planting except as specified in
sub. (2) shall forfeit not more than $500.
28.06 Cross-reference
Cross Reference: See also s.
NR 1.20, Wis. adm. code.
28.07
28.07
Cooperation. The department may cooperate with the University of Wisconsin System, with departments and agencies of this or other states, with federal agencies and with counties, towns, corporations and individuals, to promote the best interest of the people and the state in forest surveys, research in forestry and related subjects, forest protection and in assistance to landowners to secure adoption of better forestry practice.
28.07 History
History: 1985 a. 13.
28.08
28.08
Income. All income from state forest lands shall be paid into the state treasury to the credit of the conservation fund.
28.08 History
History: 1977 c. 418.
28.10
28.10
County forests. The county board of any county may by resolution establish a county public forest and acquire land by tax deed or otherwise for that purpose.
28.11
28.11
Administration of county forests. 28.11(1)
(1)
Purpose. The purpose of this section is to provide the basis for a permanent program of county forests and to enable and encourage the planned development and management of the county forests for optimum production of forest products together with recreational opportunities, wildlife, watershed protection and stabilization of stream flow, giving full recognition to the concept of multiple-use to assure maximum public benefits; to protect the public rights, interests and investments in such lands; and to compensate the counties for the public uses, benefits and privileges these lands provide; all in a manner which will provide a reasonable revenue to the towns in which such lands lie.
28.11(2)
(2) Defined. "County forests" include all county lands entered under and participating under
ch. 77 on October 2, 1963, and all county lands designated as county forests by the county board or the forestry committee and entered under the county forest law and designated as "county forest lands" or "county special-use lands" as hereinafter provided.
28.11(3)
(3) Powers of county board. The county board of any such county may:
28.11(3)(a)
(a) Enact an ordinance designating a committee to have charge of the county forests and specifying the powers, duties, procedures and functions of such committee. The members of such committee shall be appointed pursuant to
s. 59.13 and may include well-qualified residents of the county who are not members of the county board.
28.11(3)(b)
(b) Establish regulations for the use of the county forests by the public and to provide penalties for their enforcement.
28.11(3)(c)
(c) Appropriate funds for the purchase, development, protection and maintenance of such forests and to exchange other county-owned lands for the purpose of consolidating and blocking county forest holdings.
28.11(3)(d)
(d) Enter into cooperative agreements with the department for protection of county forests from fire.
28.11(3)(e)
(e) Establish aesthetic management zones along roads and waters and enter into long-term cooperative leases and agreements with the department and other state agencies or federal agencies for the use of the county forests for natural resources research.
28.11(3)(f)
(f) Establish transplant nurseries for growing seedlings, from the state forest nurseries, to larger size for planting in county forests, but no ornamental or landscape stock shall be produced in such nurseries.
28.11(3)(g)
(g) Establish forest plantations and engage in silviculture, forest management and timber sales.
28.11(3)(h)
(h) Engage in other projects designed to achieve optimum development of the forest.
28.11(3)(i)
(i) Enter into leases or agreements, for terms not exceeding 10 years, to explore and prospect for ore, minerals, gas or oil upon any county forest lands. These leases or agreements shall contain proper covenants to safeguard the public interests in the lands involved and to guard against trespass and waste. The county board shall require proper security to ensure that the person engaged in exploration or prospecting fully informs the county of every discovery of ore, minerals, gas or oil and restores the land surface to an acceptable condition and value if no discovery of valuable deposit is made or if county forest lands are not withdrawn from entry under this section. Before a lease or agreement under this paragraph is effective, approval of the lease or agreement by the department is required. If the department finds that the proposed lease or agreement fully complies with the law and contains the proper safeguards, it shall approve the lease or agreement.
28.11(3)(j)
(j) Enter into leases for the extraction of valuable deposits of ore, minerals, gas or oil upon any county forest land. If the extraction can be accomplished without permanently affecting the surface of the land, extraction leases may be entered into and extraction may occur while the land remains county forest lands. If the extraction cannot be accomplished without permanently affecting the surface of the land, extraction may not commence until the land is withdrawn as county forest land. Before an extraction lease under this paragraph is effective, approval of the lease by the department is required.
28.11(3)(k)
(k) Establish energy conservation projects which permit individual members of the public to remove up to 10 standard cords of wood without charge from county forest lands for individual home heating purposes. The county board shall limit removal of wood for energy conservation projects to wood that is unsuitable for commercial sale. The county board may require a permit to remove wood for energy conservation projects and may charge a fee for the permit to administer projects established under this paragraph. A county board shall restrict participation in projects established under this paragraph to residents, as defined under
s. 29.001 (69), but may not restrict participation to residents of the county. No timber sale contract is required for wood removed under this paragraph.
28.11(4)
(4) Entry of county forest lands.
