28.02(4)(b)5.
5. To public utilities, cooperatives organized under
ch. 185 to furnish gas, light, heat, power, or water to their members, and to telecommunications cooperatives formed under
ch. 185 or
193 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.
28.025
28.025
Annual allowable timber harvests. 28.025(1)
(1) In this section, "forested property" means forested property owned by this state and under the jurisdiction of the department from which timber is harvested.
28.025(2)
(2) The department shall establish annual allowable timber harvests for each forested property. The department may establish a single annual allowable timber harvest that applies to 2 or more forested properties in a particular region of this state, as determined by the department, if each one of those forested properties is smaller than 5,000 forested acres and if all of the proceeds from the sale of timber harvested on those combined forested properties are credited to appropriations under
s. 20.370 that provide funding for the same purpose, as determined by the department.
28.025(3)(a)1.1. By January 1, 2007, and biennially thereafter, the department shall submit a report to the council on forestry specifying the total timber harvest on each forested property for the previous biennium, except as provided under
par. (b).
28.025(3)(a)2.
2. Notwithstanding subd. 1, the department shall submit its report to the council on forestry as required under
subd. 1. by January 1, 2009, and biennially thereafter, if the forested property that is the subject of the report has not been inventoried by the department under
s. 23.135.
28.025(3)(b)
(b) If, under
sub. (2), the department establishes an annual allowable timber harvest for combined forest properties, the department may submit a report that specifies the total timber harvest for these combined properties.
28.025(3)(c)
(c) If the department submits a report under this section that states that the timber harvest for forested property in any biennium is less than 90 percent, or more than 110 percent, of the allowable timber harvest established under
sub. (2), the council on forestry shall prepare a report containing the reasons for noncompliance and recommendations on methods of ensuring that the timber harvest is consistent with the annual allowable timber harvest established by the department under
sub. (2). The council on forestry shall submit the report to the governor, to the department, and to the appropriate standing committees of the legislature under
s. 13.172 (3).
28.025 History
History: 2005 a. 166;
2007 a. 97.
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, notwithstanding the expiration of the term expressed in the lease, 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 the property structures which were constructed prior to May 31, 1956, at the expense of the Wisconsin state department of the American Legion or any 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 service in a crisis zone, as defined in
s. 45.01 (11).
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.
28.042
28.042
Forestry inventory; implementation. 28.042(1)
(1) The department shall undertake and maintain an inventory of forested areas on land owned by the state, including the areas of timber in these forested areas that have been or are to be harvested for purposes of state forestry management.
28.042(2)
(2) The department, in performing its duties under this chapter, shall give priority to the completion of the inventory described in
sub. (1) and the completion of the harvesting of timber that has been identified for harvesting in this inventory.
28.042 History
History: 2005 a. 25.
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(3)(a)(a) The department shall, by rule, establish a program that allows private cooperating foresters to assist the state in the harvesting and sale of timber from state forest lands to meet the annual allowable timber harvest established under
s. 28.025. The rule shall include provisions authorizing the department to contract with cooperating foresters for the purpose of harvesting and selling timber from state forest lands and authorizing cooperating foresters to receive a portion of the proceeds from each timber sale. The department shall establish in the rule a method for determining what portion of the proceeds received from each timber sale shall be paid to the private cooperating foresters for their services in assisting the division in the harvesting and sale of timber from state forest lands. The division shall ask the council on forestry to recommend a method for determining what portion of the proceeds received from each timber sale shall be paid to private cooperating foresters under the rule.
28.05(3)(am)
(am) The department shall, by rule, establish a program that allows cooperating foresters and private contractors to assist the state in regenerating harvested areas of state lands to meet the annual allowable timber harvest established under
s. 28.025. The rule shall include provisions authorizing the department to contract with cooperating foresters and private contractors to conduct activities that promote artificial and natural forest regeneration including site preparation, invasive species control, and tree planting. The rule shall authorize cooperating foresters and private contractors with whom the department contracts under this paragraph to receive a portion of the proceeds from the sale of timber harvested from state lands on which the cooperating forester or private contractor provided assistance under the contract.
28.05(3)(b)1.1. Each private cooperating forester with whom the department contracts under
par. (a) to harvest and sell timber from state forest lands shall be entitled to receive a portion of the proceeds from the sale of such timber in the amount determined by the department under
par. (a).
28.05(3)(b)2.
2. Each cooperating forester or private contractor with whom the department contracts under
par. (am) shall be entitled to receive the amount determined by the department as specified in the rule promulgated by the department under
par. (am).
28.05(3)(c)
(c) Of the amount received by the department from each timber sale for which the department used the services of a cooperating forester or a private contractor under this subsection, the department shall credit to the appropriation account under
s. 20.370 (1) (cy) an amount equal to the portion of the sale proceeds that the department is required to pay to the cooperating forester or private contractor.
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, including pupils at a tribal school, as defined in
s. 115.001 (15m), 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.
28.085
28.085
Timber. The department shall allocate for forest grants under
s. 26.38, for the forestry education grant program under
s. 26.40, for school forest transportation funding under
s. 26.39 (5), for transfer to the appropriation under
s. 20.292 (1) (km) for master logger apprenticeship grants under
s. 38.04 (29), or for forestry internships under
s. 26.39.
28.085 History
History: 2005 a. 25;
2007 a. 20.
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.
