28.11 Administration of county forests.

2,081 words·~9 min read·/wi/chapter-28/28-11-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(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.

(3)Powers of county board. The county board of any such county may:

(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.

(b)Establish regulations for the use of the county forests by the public and to provide penalties for their enforcement.

(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.

(d)Enter into cooperative agreements with the department for protection of county forests from fire.

(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.

(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.

(g)Establish forest plantations and engage in silviculture, forest management and timber sales.

(h)Engage in other projects designed to achieve optimum development of the forest.

(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.

(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.

(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.

(4)Entry of county forest lands.

(a)A county may file with the department an application for entry of county-owned land under this section. Such application shall include the description of the land and a statement of the purposes for which the lands are best suited. Upon the filing of such application the department shall investigate the same and it may conduct a public hearing thereon if it deems it advisable to do so at such time and place as it sees fit.

(b)If after such investigation the department finds that the lands constitute a well blocked county forest unit or that they block in with other established county forest lands and are otherwise suitable for the purposes of this section it shall make an order of entry designating such lands as county forest lands. All county lands entered under and participating under ch. 77 on October 2, 1963 shall be designated “county forest lands” without further order of entry.

(c)If the department finds that the lands are not suited primarily for timber production and do not otherwise qualify for entry under par.

(b)but that they are suitable for scenic, outdoor recreation, public hunting and fishing, water conservation and other multiple-use purposes it shall make an order of entry designating such lands as “county special-use lands”.

(d)A copy of the order of entry shall be filed with the county clerk and the county forestry committee, and the order shall also be recorded with the register of deeds.

(e)From and after the filing of such order of entry, the lands therein described shall be “county forest lands” or “county special-use lands”, as the case may be, and shall so remain until withdrawn as hereinafter provided.

(f)The department may construct and use forest fire lookout towers, telephone lines and fire lanes or other forest protection structures on any lands entered under this section and the county clerk of such county shall execute any easement on or over such lands which the department may require for forest protection. The general public shall enjoy the privilege of entering such lands for the purpose of hunting, fishing, trapping and other recreation pursuits subject to such regulation and restrictions as may be established by lawful authority.

(5)Management.

(a)On or before December 31, 2005, a comprehensive county forest land use plan shall be prepared for a 15-year period by the county forestry committee with the assistance of technical personnel from the department and other interested agencies, and shall be approved by the county board and the department. The plan shall include land use designations, land acquisition, forest protection, annual allowable timber harvests, recreational developments, fish and wildlife management activities, roads, silvicultural operations and operating policies and procedures; it shall include a complete inventory of the county forest and shall be documented with maps, records and priorities showing in detail the various projects to be undertaken during the plan period. The plan may include an application for aids under s. 23.09

(17m). The application will be considered an annual application for these aids during the 15-year period of the plan. The initial plan may be revised as changing conditions require. Upon the expiration of the initial 15-year plan period, and upon expiration of each subsequent 15-year plan period, the plan shall be revised and shall be in effect for another 15-year period. If a plan under this paragraph is not revised upon expiration of the 15-year plan period, or if a plan under s. 28.11

(a), 2003 stats., is not revised on or before December 31, 2005, that plan shall remain in effect until such time as that plan is revised and the revised plan takes effect.

(b)An annual work plan and budget based upon the comprehensive plan shall be prepared by the county forestry committee with the assistance of a forester of the department. The plan shall include a schedule of compartments to be harvested and a listing by location of management projects for the forthcoming year. In addition the plan shall include other multiple-use projects where appropriate. A budget, listing estimated expenditures for work projects, administration and protection of the forest, shall accompany the annual plan both to be submitted to the county board for approval at the November meeting.

(5m)County forest administration grants.

1. In this paragraph, “county forest administrator” means an individual who is employed to manage a county forest program under s. 28.10 and this section and who has any of the following qualifications, except that “county forest administrator” does not include an individual who is employed by the department:

a. 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.

b. A bachelor’s or higher degree in natural resources, conservation, or wildlife and 3 or more years of experience managing a county forest program under s. 28.10 and this section.

c. An associate degree in forestry and 3 or more years of experience managing a county forest program under s. 28.10 and this section.

2. The department may make grants, from the appropriation under s. 20.370

(bw), to counties having lands entered under sub.

(4)to fund all of the following for one county forest administrator:

a. Up to 50 percent of the county forest administrator’s salary.

b. Up to 50 percent of the county forest administrator’s fringe benefits, except that the fringe benefits may not exceed 40 percent of the county forest administrator’s salary.

(am)The department may make grants, from the appropriation under s. 20.370

(bw), to counties having lands entered under sub.

(4)to fund up to 50 percent of the costs of a county’s annual dues to a nonprofit organization that provides leadership and counsel to that county’s forest administrator and that functions as an organizational liaison to the department. The total amount that the department may award in grants under this paragraph in any fiscal year may not exceed $50,000.

(b)The department may not make a grant under this subsection for a year for which the department has not approved the annual work plan that was approved by the county board under sub.

(b). The department may not base the amount of a county’s grant on the acreage of the county’s forest land.

(c)The department may choose not to make a grant to a county under this subsection if the county board for that county is more than one year delinquent in approving a comprehensive county forest land use plan or revised plan under sub.

(a).

(5r)Sustainable forestry grants.

(a)In this subsection, “sustainable forestry” has the meaning given in s. 28.04

(e).

(b)The department may make grants, from the appropriation under s. 20.370

(bw), to counties having lands entered under sub.

(4)to fund the cost of activities designed to improve sustainable forestry on the lands.

(a).

(6)Timber sales and cultural cuttings.

(a)Limitations. The county forestry committee is authorized to sell merchantable timber designated in timber sale contracts and products removed in cultural or salvage cuttings. All timber sales shall be based on tree scale or on the scale, measure or count of the cut products; the Scribner Decimal C log rule shall be used in log scaling. All cuttings shall be limited to trees marked or designated for cutting by qualified personnel recognized as such by the department.

(b)Procedures.