Wis. Admin. Code Department of Natural Resources NR 1.212

Current through October 28, 2024

Section NR 1.212 - Private forestry priorities for assistance

Department foresters shall comply with the following priorities in providing assistance to and responding to requests for assistance from private landowners within the resources available and normal work plan:

(1) PRIORITY I ACTIVITIES. The following activities, listed in order of significance, shall be the highest priority for department foresters providing private forestry assistance except that department foresters may exercise discretion in applying the priorities within this subsection and sub. (2) based on statutory requirements, seasonal needs and scheduling efficiency:

(a) A first time request from a landowner for management guidance including an assessment of the landowner's objectives, a walk-through or cruise of the property, educational and advisory information, written management recommendations or referral to other resource professionals.

(b) Timber sale guidance including forest reconnaissance, a written harvest prescription or a referral to other resource professionals.

Note: Timber sale guidance is distinguished from timber sale marking, which is listed in sub. (2) (a).

(c) Administration and oversight of the forest tax laws including review of petitions for eligibility, preparation of management plans, mandatory practices follow up and enforcement of the provisions of the law.

(d) Establishment of mandatory practices under forest tax laws in subchs. I and VI, Stats., if a cooperating forester has not provided assistance.

(e) Administration of the Wisconsin forest landowner grant program in s. 26.38, Stats., and federal cost-sharing programs related to forest management practices.

(f) One-to-one educational opportunities with private landowners and cooperating foresters; landowner or educator conferences, workshops and field demonstrations; assistance to school and community forests; and news articles.

(g) Major pest outbreaks or other catastrophic occurrences.

(h) Coordination of state tree nursery orders and shipments.

(2) PRIORITY II ACTIVITIES. The following activities shall be important, but a lower priority for department foresters providing private forestry assistance:

(a) Timber sale marking and volume designation including painting, flagging or otherwise marking individual trees or cutting boundaries for the purpose of a commercial harvest on land not under the forest tax programs in subchs. I and VI, Stats., but for which there is a written management plan and within the limitations specified in sub. (3).

(b) Tree planting advice on land not under the forest tax programs in subchs. I and VI, Stats., or a state or federal cost-sharing program.

(c) Certification of need and performance for federal cost-sharing assistance programs not immediately related to management of forests.

(d) Educational presentations to school groups, civic groups, or at parades or fairs.

(e) Development of forest stewardship management plans on lands not enrolled or for which there is no application for enrollment under the forest tax laws in subchs. I and VI, Stats.

(f) Facilitation of any forest improvement, pruning, thinning, site preparation, release or tree planting practices which are not mandatory under the forest tax programs in subchs. I and VI, Stats.

(g) Insect and disease surveys and recommendations other than those related to catastrophic outbreaks.

(3) LIMITATIONS, EXEMPTIONS AND PROHIBITIONS ON ASSISTANCE. Assistance by department foresters shall ensure that forestry benefits will be provided to the greatest number of landowners.

(a)Limitations.

1. Each landowner requesting forest management assistance may receive no more than 24 hours of technical forestry service during each calendar year.

2. All timber sale marking and volume designation on land subject to a request for assistance shall be referred to cooperating foresters pursuant to cooperative agreements between the department and the cooperating foresters. The department may not provide timber sale marking assistance unless the landowner can demonstrate to the department's satisfaction that timber sale assistance is not reasonably available from a cooperating forester. The department shall provide the necessary forms and specifications for this referral system.

3. Department foresters may establish timber sales only after higher priorities are met.

4. Department foresters may only establish timber sales on lands for which there is a current forest management plan.

(b)Exemptions. The following activities are exempt from the work day assistance limit established in par. (a):

1. Activities related to compliance with the forest tax programs in subchs. I and VI, Stats.

2. Department cooperative services pertaining to administration of federal cost-sharing programs administered by the consolidated farm services agency.

3. Assistance to state and federal agencies, and local units of government, as time and workload priorities permit. This exemption does not preclude the use of cooperating foresters to provide service to these agencies and governments.

(c)Prohibitions. The following are services which may not be provided by department foresters on privately owned lands:

1. Appraisals of forest land, timber, timber damage, or right-of-ways. This prohibition does not preclude department foresters from providing general information on established stumpage values and current market trends.

2. Timber sale boundary establishment other than with a hand compass.

3. Private boundary line establishment by any means.

4. Preparation or enforcement of timber sale contracts other than providing an approved sample contract form.

5. Investigation or involvement with civil trespass, other than when investigating for a violation of ch. 26, Stats.

6. Shearing of Christmas trees except for instructional or educational purposes.

7. Arboriculture and tree-trimming.

8. Performing cultural practices or tree planting except for instructional or educational purposes.

9. Scaling cut forest products except for instructional or educational purposes.

Wis. Admin. Code Department of Natural Resources NR 1.212

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1) (intro.), (3) (a) 3., (b) 2. and 3., (c) 1., r. (1) (a), renum. (1) (b) to (e) to be (1) (a) to (d) and am. (1) (c), cr. (3) (a) 5., Register, February, 1996, No. 482, eff. 3-1-96; CR 01-030: r. and recr. (1) and (2), Register November 2001 No. 551, eff. 12-1-01; CR 07-012: am. (3) (a) Register August 2008 No. 632, eff. 9-1-08.